HB 1649 - Sheriff Departments' Nomenclature Act; enact
Georgia House of Representatives - 1995/1996 Sessions
HB 1649 - Sheriff Departments' Nomenclature Act; enact
Page Numbers - 1/ 2/ 3/ 4
1. Twiggs 8th 2. Mobley 86th 3. Jenkins 110th
4. Streat 167th 5. Coker 31st 6. Day 153rd
House Comm: PubS / Senate Comm: Pub S /
House Vote: Yeas 160 Nays 0 Senate Vote: Yeas Nays
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House Action Senate
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2/9/96 Read 1st Time 3/5/96
2/12/96 Read 2nd Time 3/8/96
2/14/96 Favorably Reported 3/7/96
Sub Committee Amend/Sub
2/29/96 Read 3rd Time
2/29/96 Passed/Adopted
CS Comm/Floor Amend/Sub
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Postponed by the House 2/28 Until 2/29/96
Code Sections amended: 15-16-50, 15-16-51, 15-16-52, 15-16-53, 15-16-54,
15-16-55, 15-16-56, 15-16-57, 15-16-58, 15-16-59
HB 1649 LC 10 1678S
A BILL TO BE ENTITLED
AN ACT
1- 1 To amend Chapter 16 of Title 15 of the Official Code of
1- 2 Georgia Annotated, relating to sheriffs, so as to prohibit
1- 3 the unauthorized use of any sheriff office's nomenclature or
1- 4 symbols; to provide a statement of public policy; to provide
1- 5 a short title; to define certain terms; to provide
1- 6 procedures for seeking permission to use any sheriff
1- 7 office's nomenclature or symbols; to authorize the sheriff
1- 8 to grant permission to use such nomenclature or symbols
1- 9 under certain circumstances; to provide for appeals; to
1-10 provide for injunctive relief to restrain violations of this
1-11 Act; to provide for civil damages for certain violations; to
1-12 provide for criminal penalties; to provide for an effective
1-13 date; to repeal conflicting laws; and for other purposes.
1-14 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
1-15 Chapter 16 of Title 15 of the Official Code of Georgia
1-16 Annotated, relating to sheriffs, is amended by adding
1-17 following Article 2 a new Article 3 to read as follows:
"ARTICLE 3
1-18 15-16-50. (Index)
1-19 This article shall be known and may be cited as the
1-20 'Sheriff Offices' Nomenclature Act of 1996.'
1-21 15-16-51. (Index)
1-22 It is declared to be contrary to the health, safety, and
ord d l wo d ę@ d ę@ d ę@ d O ę@ d ę@ d ę@ d
1-24 individual or organization to act in a manner which would
1-25 mislead the public into believing that a member of the
1-26 public is dealing with any sheriff's office or with a
1-27 member thereof when in fact the individual or organization
1-28 is not the sheriff's office or a member thereof.
1-29 Furthermore, the sheriff's office, which has provided
1-30 quality law enforcement services to the citizens of this
1-31 state, has established a name for excellence in its field.
-1- (Index)
LC 10 1678S
2- 1 This name should be protected for the sheriff's office,
2- 2 its members, and the citizens of this state. Therefore,
2- 3 no person or organization should be allowed to use any
2- 4 sheriff office's name or any term used to identify the
2- 5 sheriff's office or its members without the expressed
2- 6 permission of the sheriff. The provisions of this article
2- 7 are in furtherance of the promotion of this policy.
2- 8 15-16-52. (Index)
2- 9 As used in this article, the term:
2-10 (1) 'Badge' means any official badge used in the past or
2-11 present by members of any sheriff's office.
2-12 (2) 'Emblem' means any official patch or other emblem
2-13 worn currently or formerly or used by the sheriff's
2-14 office to identify the office or its employees.
2-15 (3) 'Office' means any sheriff's office.
2-16 (4) 'Person' means any person, corporation,
2-17 organization, or political subdivision of this state.
2-18 (5) 'Sheriff' means the sheriff of any county in this
2-19 state.
2-20 (6) 'Willful violator' means any person who knowingly
2-21 violates the provisions of this article. Any person who
2-22 violates this article after being advised in writing by
2-23 the sheriff that such person's activity is in violation
2-24 of this article shall be considered a willful violator
2-25 and shall be considered in willful violation of this
2-26 article. Any person whose agent or representative is a
2-27 willful violator and who has knowledge of the violation
2-28 by the agent or representative shall also be considered
2-29 a willful violator and in willful violation of this
2-30 article, unless upon learning of the violation he or she
2-31 immediately terminates the agency or other relationship
2-32 with such violator.
2-33 15-16-53. (Index)
2-34 Whoever, except with the express written permission of the
2-35 sheriff, knowingly uses words pertaining to such sheriff's
2-36 office in connection with the planning, conduct, or
2-37 execution of any solicitation; advertisement, circular,
2-38 book, pamphlet, or other publication; or play, motion
2-39 picture, broadcast, telecast, telemarketing, or other
2-40 production in a manner reasonably calculated to convey the
2-41 impression that such solicitation; advertisement,
-2- (Index)
LC 10 1678S
3- 1 circular, book, pamphlet, or other publication; or play,
3- 2 motion picture, broadcast, telecast, telemarketing, or
3- 3 other production is approved, endorsed, or authorized by
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3- 5 violation of this article.
3- 6 15-16-54. (Index)
3- 7 Any person who uses or displays any current or historical
3- 8 symbol, including any emblem, seal, or badge, used by the
3- 9 sheriff's office in connection with the planning, conduct,
3-10 or execution of any solicitation; advertisement, circular,
3-11 book, pamphlet, or other publication; or play, motion
3-12 picture, broadcast, telecast, telemarketing, or other
3-13 production in a manner reasonably calculated to convey the
3-14 impression that such solicitation; advertisement,
3-15 circular, book, pamphlet, or other publication; or play,
3-16 motion picture, broadcast, telecast, telemarketing, or
3-17 other production is approved, endorsed, or authorized by
3-18 or associated with the office without written permission
3-19 from the sheriff shall be in violation of this article.
3-20 15-16-55. (Index)
3-21 Any person wishing permission to use either sheriff's
3-22 office nomenclature or symbols may request such permission
3-23 in writing to the chief deputy sheriff or other person
3-24 designated by the sheriff. Within 15 calendar days after
3-25 receipt of the request, the chief deputy sheriff shall
3-26 serve notice on the requesting party of his or her
3-27 recommendation to the sheriff on whether the person may
3-28 use the nomenclature or the symbol. Within 30 calendar
3-29 days after receipt of the recommendation of the chief
3-30 deputy sheriff, the sheriff shall serve notice on the
3-31 requesting party of the decision on whether the person may
3-32 use the nomenclature or the symbol. If the sheriff does
3-33 not respond within the 30 day time period, then the
3-34 request is presumed to have been denied. The grant of
3-35 permission under Code Section 15-16-53 or 15-16-54 shall
3-36 be in the discretion of the sheriff under such conditions
3-37 as established by the sheriff.
3-38 15-16-56. (Index)
3-39 Whenever there shall be an actual or threatened violation
3-40 of Code Section 15-16-53 or 15-16-54, the sheriff shall
3-41 have the right to apply to the superior court of the
3-42 county of residence of the violator for an injunction to
3-43 restrain the violation.
-3- (Index)
LC 10 1678S
4- 1 15-16-57. (Index)
4- 2 In addition to any other relief or sanction for a
4- 3 violation of Code Section 15-16-53 or 15-16-54, where the
4- 4 violation is willful, the sheriff shall be entitled to
4- 5 collect a civil penalty in the amount of $500.00 for each
4- 6 violation. Further, when there is a finding of willful
4- 7 violation, the sheriff shall be entitled to recover
4- 8 reasonable attorney's fees for bringing any action against
4- 9 the violator. The sheriff shall be entitled to seek civil
4-10 sanctions in the superior court in the county of residence
4-11 of the violator.
4-12 15-16-58. (Index)
4-13 Any person who has given money or any other item of value
4-14 to another person due in part to such person's use of a
4-15 sheriff's office nomenclature or symbols in violation of
4-16 this article may maintain a suit for damages against the
4-17 violator. Where it is proven that the violation was
4-18 willful, the victim shall be entitled to recover treble
4-19 damages, punitive damages, and reasonable attorney's fees.
4-20 15-16-59. (Index)
4-21 Any person who violates the provisions of this article
4-22 shall be guilty of a felony and upon conviction thereof
4-23 shall be subject to a fine of not less than $1,000.00 or
4-24 more than $5,000.00 or to imprisonment for not less than
4-25 one or more than five years, or both. Each violation
4-26 shall constitute a separate offense."
SECTION 2.
4-27 This Act shall become effective upon its approval by the
4-28 Governor or upon its becoming law without such approval.
SECTION 3.
4-29 All laws and parts of laws in conflict with this Act are
4-30 repealed.
-4- (Index)
Office of the Clerk of the House
Robert E. Rivers, Jr., Clerk of the House
Last Updated on 01/02/97