HB288: HB288 Appeal and error; declaratory judgments in instances involving accusations made by a prosecuting attorney regarding credibility of a peace officer; provide

Under current Georgia law, sheriff candidates face several qualifications but not necessarily active peace officer certification. HB288 would require anyone qualifying to run for sheriff to be a peace officer in good standing with the Georgia Peace Officer Standards and Training Council (POST), with limited exceptions for first responders, military veterans, and current or former law enforcement officers who swear they will get certified within six months of taking office. Candidates would submit a signed form from POST's executive director confirming their status, and lying on that form would be a crime. The bill also creates a new legal process for what prosecutors call a 'Giglio list,' a roster of officers a prosecutor believes have credibility or bias problems that could affect their trial testimony. Prosecutors placing an officer on the list must notify the officer's employer and POST, explain the factual basis, and allow the officer to request reconsideration. POST would review these placements, and officers could not be disciplined solely for being listed unless an investigation confirms a factual basis. Giglio list records would be exempt from Georgia's open records law. The law would take effect once signed by the Governor.

• Requires sheriff candidates to be certified or registered peace officers not under revocation by POST, with narrow exceptions for first responders, veterans, and certain former law enforcement officers who must certify within six months of taking office.
• Makes it a crime (false swearing and submission of a false document) for a sheriff candidate to lie on the certification form required at qualifying.
• Creates a formal notice and reconsideration process prosecutors must follow before placing a peace officer's name on a Giglio list, a roster of officers whose courtroom credibility is in question.
• Directs POST to review the factual basis for Giglio list placements and bars agencies from disciplining an officer solely because their name appears on such a list.
• Gives prosecutors legal immunity from civil lawsuits over Giglio list placements unless the officer proves actual malice or intent to harm.
• Exempts Giglio list records from disclosure under Georgia's open records law (O.C.G.A. § 50-18-72).

The bill affects candidates and sitting sheriffs across Georgia's counties, peace officers whose credibility prosecutors question, local law enforcement agencies that employ those officers, prosecuting attorneys and their offices, the Prosecuting Attorneys' Council of Georgia, and the Georgia Peace Officer Standards and Training Council.

Sheriff candidates without an exemption would need active peace officer certification to run, changing who can qualify for the office. Officers placed on a Giglio list would gain formal notice and appeal rights, while employers could not fire or discipline them based on the listing alone, and the underlying records would stay out of public view.

• Section 1 revises O.C.G.A. § 15-16-1 to require sheriff candidates to be certified peace officers not under POST revocation, with exceptions for first responders, veterans, and prior law enforcement officers who must certify within six months.
• Section 2 adds new Code Section 15-18-33, requiring prosecutors to give written notice before placing an officer on a Giglio list and allowing the officer or employer 30 days to request reconsideration.
• Section 2 also grants prosecutors immunity from civil liability for Giglio list placements absent actual malice, and lets prosecutors use list inclusion in charging decisions.
• Section 4 and Section 5 amend O.C.G.A. §§ 35-8-7 and 35-8-7.1 to have POST review the factual basis for Giglio list placements and bar discipline based solely on listing.
• Section 8 revises O.C.G.A. § 35-8-14 to bar agencies from demoting, suspending, or firing an officer solely for a Giglio listing unless an internal investigation or POST discipline confirms the underlying conduct.
• Section 9 amends O.C.G.A. § 50-18-72 to exempt Giglio list records from public disclosure under Georgia's open records law.
• Section 10 makes the Act effective upon the Governor's approval or upon becoming law without signature.

1. 2025-05-12Effective Date 2025-05-12
2. 2025-05-12Act 115
3. 2025-05-12House Date Signed by Governor (House)
4. 2025-04-10House Sent to Governor (House)
5. 2025-03-31House Agreed Senate Amend or Sub (House)
6. 2025-03-31Senate Passed/Adopted By Substitute (Senate)
7. 2025-03-31Senate Third Read (Senate)
8. 2025-03-25Senate Read Second Time (Senate)

• Houston Gaines (R, HD-120)Primary sponsor
• Matt Reeves (R, HD-099)
• Clint Crowe (R, HD-118)
• Eddie Lumsden (R, HD-012)
• Rob Clifton (R, HD-131)
• Stan Gunter (R, HD-008)
• Brian Strickland (R, SD-042)

1. PassedHouse voteMarch 6, 2025

   146 yea, 20 nay (9 not voting, 5 absent)

   Passage: House Vote #204

2. PassedSenate voteMarch 31, 2025

   55 yea, 0 nay (0 not voting, 1 absent)

   Passage By Substitute: Senate Vote #349

3. PassedHouse voteMarch 31, 2025

   152 yea, 14 nay (4 not voting, 10 absent)

   Agree To Senate Substitute: House Vote #367

• sheriff qualifications
• peace officer certification
• Giglio list
• police credibility
• open records exemptions