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| Georgia General Assembly |
HB72.html
The House Committee
on Public Safety offers the following substitute to HB
72:
A BILL TO BE
ENTITLED
AN ACT
To amend Chapter 8 of Title 35 of the Official Code of
Georgia Annotated, relating to employment and training of peace officers, so as
to provide that when a state agency rejects an application for a law enforcement
position from a certified peace officer as a result of such applicant not
meeting the qualifications for such position, the state agency, at the request
of the applicant, shall notify the applicant in writing of the qualifications
which have not been met; to provide that when a state agency rejects an
application for a law enforcement position from a certified peace officer who
meets the qualifications for such position, the state agency, at the request of
the applicant, shall notify the applicant in writing of the reasons for
rejecting such application for employment; to provide for costs of certain
psychiatric testing of applicants for law enforcement officer positions; to
define a certain term; to amend Code Section 50-18-72 of the Official Code of
Georgia Annotated, relating to exemption of records from public disclosure, so
as to provide such an exemption for certain notices of rejection of applications
for employment as a law enforcement officer; to repeal conflicting laws; and for
other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
SECTION 1.
Chapter 8 of Title 35 of the Official Code of Georgia
Annotated, relating to employment and training of peace officers, is amended by
inserting a new Code Section 35-8-8.1 to read as
follows:
"35-8-8.1.
(a)
As used in this Code section, the term 'state agency' means any state board,
bureau, commission, authority, or department which employs 200 or more certified
peace officers to perform law enforcement functions and
duties.
(b) Whenever a state agency rejects an
application for a law enforcement position from a certified peace officer as a
result of such applicant not meeting the qualifications for such position, the
state agency, at the request of the applicant, shall notify the applicant in
writing of the qualifications which have not been met. Whenever a state agency
rejects an application for a law enforcement position from a certified peace
officer who meets the qualifications for such position, the state agency, at the
request of the applicant, shall notify the applicant in writing of the reasons
for rejecting such application for employment.
(c)(1)
The cost of any initial psychiatric examination of an applicant for a law
enforcement position with a state agency for purposes of paragraph (8) of
subsection (a) of Code Section 35-8-8 shall be borne by the state
agency.
(2) If a state agency rejects an application
for a law enforcement position in whole or in part on the basis of an initial
psychiatric examination performed at the expense of the state agency and the
applicant has been given written notice of such reason pursuant to subsection
(b) of this Code section, the cost of any subsequent psychiatric examination of
the applicant for purposes of such application shall be borne by the
applicant."
SECTION 2.
Code Section 50-18-72 of the Official Code of Georgia
Annotated, relating to exemption of records from public disclosure, is amended
in subsection (a) by inserting a new paragraph (5.1) to read as
follows:
"(5.1)
Notices of rejection of applications for employment as a law enforcement officer
given pursuant to subsection (b) of Code Section
35-8-8.1;"
SECTION 3.
All laws and parts of laws in conflict with this Act are
repealed.