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	Georgia General Assembly

01 LC 25 2050S

House Bill 32 (COMMITTEE SUBSITTUTE)
By: Representatives Walker of the 141^st, Sims of the 167^th, Skipper of the 137^th, Coleman of the 142^nd and Watson of the 70^th

A BILL TO BE ENTITLED
AN ACT

To amend Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to sheriffs, so as to change provisions relating to filling vacancies in the office of sheriff; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to sheriffs, is amended by striking Code Section 15_16_8, relating to vacancies in the office of sheriff, and inserting in its place a new Code section to read as follows:
"15_16_8.
(a) Except as otherwise provided by local law, vacancies in the office of sheriff shall be filled and the proceedings thereafter shall be as in cases of vacancies in the office of clerk of the superior court, subject to the exception provided in subsection (b) of as provided in this Code section.
(b) In case there is a failure to appoint, as set forth in Code Section 15_6_54, the coroner of the county shall The Governor shall appoint a person to act as sheriff until the vacancy is filled as provided in subsection (c) of this Code section. If there is no coroner, the Governor has not yet made an appointment, and at least ten days have expired since the vacancy occurred, the judge of probate court of the county where the vacancy exists may designate any law enforcement officer certified by the Georgia Peace Officer Standards and Training Council in the county where the vacancy exists or the sheriff of any adjoining county is authorized to act as sheriff until the judge of the probate court Governor makes the appointment or an election is held, whichever first occurs.
(c) Reserved If at the time the vacancy occurs there are more than six months remaining in the unexpired term of office, the vacancy shall be filled for the remainder of the unexpired term at a special election to be called by the county election superintendent; and the person acting as sheriff under subsection (b) of this Code section shall act until a successor is so elected for the remainder of the unexpired term. If at the time the vacancy occurs there are six months or less remaining in the unexpired term of office, the person acting as sheriff under subsection (b) of this Code section shall serve for the remainder of the unexpired term of office.
(d) The General Assembly may provide by local law for the method of filling any vacancy in the office of sheriff of any county.
(d)(e) Notwithstanding the provisions of Code Section 45_5_1, the office of sheriff shall by operation of law be deemed vacated upon certification being made by the Georgia Peace Officer Standards and Training Council to the judge of the probate court of such county that a newly elected sheriff who is not a registered or certified peace officer at the time of taking office has failed to become a certified peace officer within the required time and pursuant to the provisions of subparagraph (c)(1)(J) of Code Section 15_16_1. Such vacancy shall be filled as provided in this Code section."

SECTION 2.

This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply with respect to vacancies occurring on or after that effective date.

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.