HB246: HB246 Courts; office of sheriff and training of peace officers; revise qualification requirements

Current Georgia law lets people qualify for sheriff without necessarily being certified peace officers, as long as they meet certain conditions. This bill amends the sheriff qualification law (O.C.G.A. § 15-16-1) to require that, at the time of qualifying, a candidate be a registered or certified peace officer who is not under revocation by the Georgia Peace Officer Standards and Training Council (POST Council). The candidate must file a form signed by the council's executive director attesting to that status. The bill also carves out an exception: a first responder, former military officer, or former or current law enforcement officer who is not yet certified can still qualify if they swear they are capable of and will complete certification within six months of taking office. Knowingly false statements on the required affidavit count as false swearing, a criminal offense. The bill also makes conforming edits to the peace officer training and employment law (Chapter 8 of Title 35), including creating a form for sheriff candidates and renumbering related provisions. The law would take effect as soon as the Governor signs it or it otherwise becomes law.

• Requires most sheriff candidates to be registered or certified peace officers who are not under revocation by the Georgia Peace Officer Standards and Training Council at the time they qualify.
• Requires candidates to file a form signed by the council's executive director certifying their peace officer status and standing.
• Creates an exception letting first responders, former military officers, or former/current law enforcement officers qualify without certification if they swear to complete certification within six months of taking office.
• Makes knowingly false statements on the required qualification affidavit punishable as false swearing (O.C.G.A. § 16-10-71).
• Directs the council's executive director to create a standard attestation form for people seeking the office of sheriff.
• Reorganizes and renumbers parts of the peace officer employment and training law (Chapter 8 of Title 35), including splitting employment-related information rules into a separate Code section.

People seeking to run for sheriff in any Georgia county, current sheriffs, the Georgia Peace Officer Standards and Training Council, county election qualifying officers, and law enforcement agencies and employers who handle employment-related background information on peace officer applicants.

The bill would narrow who can run for sheriff by generally requiring peace officer certification or registration up front, while still letting first responders and former officers with relevant backgrounds run if they commit to getting certified within six months of taking office, backed by a criminal penalty for lying on the qualification form.

• Section 1 revises O.C.G.A. § 15-16-1(c)(1)(J) to require sheriff candidates to be registered or certified peace officers not under revocation by the POST Council, verified by a signed form from the council's executive director.
• Section 1 preserves an exception for first responders, former military officers, and former or current law enforcement officers to qualify without certification if they swear to complete certification within six months of taking office.
• Section 1 revises paragraph (2) to require candidates to swear they meet all qualifications, and makes knowingly false statements a false swearing offense under O.C.G.A. § 16-10-71.
• Section 1 updates the exemption in subsection (d) for currently serving elected sheriffs regarding certain qualification subparagraphs.
• Section 2 revises O.C.G.A. § 35-8-8 to add a new subsection (c) requiring the council's executive director to create an attestation form for sheriff candidates confirming certified, non-revoked status.
• Section 2 redesignates existing employment-related information provisions as a new Code Section 35-8-8.1 with renumbered paragraphs.
• Section 3 makes the Act effective upon the Governor's approval or upon it otherwise becoming law without approval.
• Section 4 repeals conflicting laws.

1. 2025-04-04House Withdrawn, Recommitted (House)
2. 2025-02-28House Committee Favorably Reported By Substitute (House)
3. 2025-02-27House Withdrawn, Recommitted (House)
4. 2025-02-13House Committee Favorably Reported (House)
5. 2025-02-06House Second Readers (House)
6. 2025-02-05House First Readers (House)
7. 2025-02-04House Hopper (House)

• Houston Gaines (R, HD-120)Primary sponsor
• Clint Crowe (R, HD-118)
• Gerald Greene (R, HD-154)
• Chris Erwin (R, HD-032)
• Danny Mathis (R, HD-133)
• Patty Stinson (D, HD-150)

• sheriff elections
• peace officer certification
• law enforcement training
• county government
• election qualifications