House Bill 1011
By: Representatives Gilliard of the 162nd, Jackson of the 128th, and Glaize of the 67th
A BILL TO BE ENTITLED
AN ACT
To amend Title 35 of the Official Code of Georgia Annotated, relating to law enforcement
officers and agencies, so as to require the adoption of written policies for conducting
vehicular pursuits by law enforcement officers in residential areas; to require the
establishment of pursuit review committees; to provide for duties and authority of such
committees; to provide for annual reporting; to provide for training; to provide for a short
title; to provide for definitions; to provide for related matters; to repeal conflicting laws; and
for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
This Act shall be known and may be cited as the "Daren Lewis Saving Lives Act."
SECTION 2.
Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and
agencies, is amended by revising Code Section 35-1-14, relating to written policies for
emergency pursuits, as follows:
"35-1-14.
<ins>(a) As used in this Code section, the term:
(1) 'Pursuit' means an intentional attempt by a law enforcement officer to apprehend a
suspect who, while attempting to flee, operates a motor vehicle in a manner that would
require the officer to operate his or her motor vehicle in a manner that would require him
or her to exceed normal traffic speeds, engage in vehicle maneuvers, or otherwise
endanger the public.
(2) 'Residential area' means a neighborhood, subdivision, or other area predominantly
used for housing with a posted speed limit of 25 miles per hour or less or any area
designated as a residential district by a local governing authority.
(b)</ins> On and after January 1, <del>2004</del> <ins>2026,</ins> each state, county, and local law enforcement
agency that conducts emergency response and vehicular pursuits shall adopt written
policies that set forth the manner in which these operations shall be conducted. <del>Each law
enforcement agency may create its own such policies or adopt an existing model. All
pursuit policies created or adopted by any law enforcement agency must address situations
in which police pursuits cross over into other jurisdictions. Law enforcement agencies
which do not comply with the requirements of this Code section are subject to the
withholding of any state funding or state administered federal funding.</del> <ins>Such policies shall:
(1) Prohibit the initiation of a pursuit in a residential area unless:
(A) There is an immediate risk to public safety or an imminent likelihood of serious
bodily injury or death if a pursuit is not initiated; and
(B) There is probable cause to arrest the operator or an occupant of the motor vehicle
for a serious violent felony as set forth in Code Section 17-10-6.1;
(2) Require the termination of a pursuit in a residential area which was initiated outside
the residential area when there is a reasonable belief that:
(A) The risk to public safety outweighs the benefit of continuing the pursuit;
(B) The suspect can be apprehended through available, less dangerous means; or
</ins>
<ins>(C) The pursuit has entered an area within the residential area where there is an
increased risk of injury or death to a pedestrian or other motorist; and
(3) Be published upon the official website of each state, county, and local law
enforcement agency.
(c) Each state, county, and local law enforcement agency that conducts emergency
response and vehicular pursuits shall establish a pursuit review committee. Such
committee shall evaluate vehicular pursuits conducted by the respective law enforcement
agency for compliance with pursuit policies adopted pursuant to this Code section and
compliance with training standards set forth in Code Section 35-8-28. Such committee
shall perform an assessment on each vehicular pursuit by performing a risk assessment of
decision-making and de-escalation efforts by law enforcement against the outcome of the
pursuit. A pursuit review committee shall be authorized to review data, officer statements,
video recordings from law enforcement body-worn devices and devices located on or
inside of the law enforcement vehicle, and other relevant evidence. Such committee shall
be further authorized to recommend corrective actions, including policy updates, training
improvements, or agency discipline as appropriate.
(d) Each state, county, and local law enforcement agency that conducts emergency
response and vehicular pursuits shall publish an annual report on the:
(1) Total number of pursuits initiated or terminated in a residential area;
(2) Outcomes, injuries, fatalities, and property damage that resulted from pursuits;
(3) Demographic information of individuals involved in pursuits, to the extent permitted
by law; and
(4) Disciplinary actions or policy changes resulting from pursuit reviews."
</ins> SECTION 3.
Said title is further amended in Chapter 8, relating to employment and training of peace
officers, by adding a new Code section to read as follows:
<ins>"35-8-28.
(a) Beginning in 2027 and every year thereafter, each law enforcement unit and the basic
training courses required pursuant to this chapter shall render training on:
(1) High-risk vehicle operation, risk assessment, and decision making under stress;
(2) De-escalation techniques and alternatives to vehicular pursuits, including stop sticks,
roadblocks, or other nonpursuit strategies;
(3) Safe operation of motor vehicles in residential areas as such term is defined in Code
Section 35-1-14;
(4) Recognition of road hazards and motor vehicle occupant safety;
(5) How to intercede when a fellow law enforcement officer is acting in violation of
policy or engaging in unsafe conduct; and
(6) Compliance with post-pursuit review and accountability processes as required by
Code Section 35-1-14.
(b) The training required by this Code section shall be evidenced based and developed
after consultation with community stakeholders."
</ins> SECTION 4.
All laws and parts of laws in conflict with this Act are repealed.