09 LC 35
1512S
The
House Committee on Public Safety & Homeland Security offers the following
substitute to HB 738:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 1 of Title 35 of the Official Code of Georgia Annotated, relating
to general provisions pertaining to law enforcement officers and agencies, so as
to prohibit quotas or policies demanding arrests or the issuance of citations
for the purpose of raising revenue; to prohibit withholding or threatening to
withhold funding from law enforcement agencies under certain circumstances; to
provide for investigation and enforcement by the Attorney General; to provide
for related matters; to provide an effective date; to repeal conflicting laws;
and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
1 of Title 35 of the Official Code of Georgia Annotated, relating to general
provisions pertaining to law enforcement officers and agencies, is amended by
adding a new Code section to read as follows:
"35-1-16.
(a)
As used in this Code section, the term:
(1)
'Influence or demand' means any type of regulation, rule, policy, or practice
carried out by a local governing authority which requires a level of performance
whether required orally, in writing, or implied by actions and without regard to
whether such policy or practice is officially adopted.
(2)
'Law enforcement unit' shall have the same meaning as provided in Code Section
35-8-2, relating to definitions for employment and training of peace
officers.
(3)
'Local governing authority' means any political subdivision of this state,
including any county, consolidated government, municipality, commission, board,
council, or any other local public body corporate, governmental unit, or
political subdivision of this state.
(b)
No local governing authority, law enforcement unit, or peace officer shall by
influence or demand require that peace officers employed by a law enforcement
unit meet quotas for arrests or the issuance of citations or otherwise increase
or maintain the number of arrests or citations for the purpose of providing or
increasing revenue.
(c)
No local governing authority shall withhold or decrease or threaten, suggest, or
imply that such local governing authority will withhold or decrease any funding,
revenues, or the operation budget for a law enforcement unit that fails to meet
quotas for arrests or the issuance of citations or otherwise fails to increase
or maintain the number of arrests or citations for the purpose of maintaining or
increasing revenue.
(d)
Any local governing authority or local law enforcement unit that fails to abide
by any requirement of this Code section shall have any and all state funding or
state administered federal funding withheld by the funding state agency, as
directed by the Governor.
(e)
The Attorney General shall be authorized to investigate suspected, alleged, and
reported violations of this Code section. If the Attorney General finds that a
person has violated or is violating this Code section, then the Attorney General
may bring a civil action against such person under this Code section for
injunctive and equitable relief, and such other relief as may be available by
law. For purposes of enforcing the provisions of this Code section,
jurisdiction shall be in the superior court of the county wherein the violation
has occurred; provided, however, that no judge presiding over such action shall
be paid in whole or part by any entity who is a party against whom such action
is taken. The Attorney General shall be entitled to all costs and reasonable
attorney's fees incurred as a result of investigating a violation of this Code
section if the violation is substantiated and for enforcing the provisions of
this Code section in any civil proceeding wherein a violation is substantiated
or injunctive relief is
granted."
SECTION
2.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.