Georgia House of Representatives - 1995/1996 Sessions

HB 505 - National Guard; indemnification; law enforcement duty

Page Numbers - 1/ 2

1. Crews  78th            2. Birdsong  123rd         3. Smith  175th
4. Mann  5th              5. Bunn  74th              6. Roberts  162nd


House Comm: D&VA       /                Senate Comm:            /                                   
House Vote: Yeas       Nays             Senate Vote: Yeas     Nays                                  
              ----------------------------------------                                              
               House          Action         Senate                                                 
              ----------------------------------------                                              
              1/31/95  Read 1st Time                                                                
              2/1/95   Read 2nd Time                                                                
              2/8/95   Favorably Reported                                                           
              3/17/95  Recommitted                                                                  
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Code Sections amended: 45-9-81, 45-9-86                                                             


HB 505                                            LC 10 1030






                        A BILL TO BE ENTITLED
                               AN ACT


  1- 1  To amend Article 5 of Chapter 9 of Title 45 of the Official
  1- 2  Code of Georgia Annotated, relating to indemnification of
  1- 3  law enforcement officers, firemen, prison guards, and
  1- 4  publicly employed emergency medical technicians, so as to
  1- 5  change the definition of the term "law enforcement officer";
  1- 6  to provide that certain members of the Georgia National
  1- 7  Guard carrying out law enforcement duties shall be eligible
  1- 8  for indemnification with respect to death or disability
  1- 9  occurring in the line of duty; to change the provisions
  1-10  relating to application for indemnification and to provide
  1-11  time restrictions on applications for indemnification; to
  1-12  repeal conflicting laws; and for other purposes.

  1-13       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

                         SECTION 1.

  1-14  Article 5 of Chapter 9 of Title 45 of the Official Code of
  1-15  Georgia Annotated, relating to indemnification of law
  1-16  enforcement officers, firemen, prison guards, and publicly
  1-17  employed emergency medical technicians, is amended by
  1-18  striking paragraph (6) of Code Section 45-9-81, relating to
  1-19  definitions used in said article, in its entirety and
  1-20  inserting in lieu thereof a new paragraph (6) to read as
  1-21  follows:

  1-22      "(6) 'Law enforcement officer' means any agent or
  1-23      officer of this state, or a political subdivision or
  1-24      municipality thereof, who, as a full-time or part-time
  1-25      employee, is vested either expressly by law or by virtue
  1-26      of public employment or service with authority to
  1-27      enforce the criminal or traffic laws and whose duties
  1-28      include the preservation of public order, the protection
  1-29      of life and property, or the prevention, detection, or
  1-30      investigation of crime. Such term also includes the
  1-31      employees designated by the commissioner of children and
  1-32      youth services of the Department of Children and Youth
  1-33      Services pursuant to paragraph (2) of subsection (i) of
  1-34      Code Section 49-4A-8, which employees have the duty to


                                 -1- (Index)

                                                  LC 10 1030

  2- 1      investigate and apprehend delinquent and unruly children
  2- 2      who have escaped from a facility under the jurisdiction
  2- 3      of the Department of Children and Youth Services or who
  2- 4      have broken the conditions of supervision and employees
  2- 5      designated and delegated law enforcement powers by the
  2- 6      Public Service Commission pursuant to Code Sections
  2- 7      46-7-28, 46-7-70, and 46-11-6, which personnel have the
  2- 8      duty to enforce the laws relating to motor carriers and
  2- 9      the transportation of hazardous materials.  Such term
  2-10      also includes members of the Georgia National Guard, the
  2-11      composition of which is set forth in Code Section
  2-12      38-2-3, who have been called into active state service
  2-13      by the Governor, who have been specifically designated
  2-14      and delegated law enforcement powers by the adjutant
  2-15      general, and whose duties include the preservation of
  2-16      public order, the protection of life and property, or
  2-17      the prevention, detection, or investigation of crime."

                         SECTION 2.

  2-18  Said article is further amended by adding at the end of Code
  2-19  Section 45-9-86, relating to application for
  2-20  indemnification, a new subsection (f) to read as follows:

  2-21    "(f) An application for indemnification with respect to
  2-22    the death or permanent disability of a member of the
  2-23    Georgia National Guard included in the definition of a law
  2-24    enforcement officer pursuant to paragraph (6) of Code
  2-25    Section 45-9-81 who is killed or permanently disabled in
  2-26    the line of duty while in active state service on or after
  2-27    July 1, 1995, must be made within 24 months after the date
  2-28    of the death or disability."

                         SECTION 3.

  2-29  All laws and parts of laws in conflict with this Act are
  2-30  repealed.














                                 -2- (Index)