HB 246: Courts; office of sheriff and training of peace officers; revise qualification requirements

Under current Georgia law (O.C.G.A. § 15-16-1), a person qualifying to run for sheriff can meet the law enforcement requirement either by being a 'registered peace officer' or a certified peace officer. This bill removes the registered peace officer option and instead requires that, at the time of qualifying, a candidate be a certified peace officer who is not under revocation by the Georgia Peace Officer Standards and Training Council (POST Council), and that the candidate file a form signed by the council's executive director confirming this. The bill carves out an exception: someone who is not yet certified but is a first responder, former military officer, or former or current law enforcement officer can instead swear that they will complete certification within six months of taking office, similar to current law's grace period. Anyone who lies on this sworn statement commits the crime of false swearing. The bill also reorganizes part of Georgia's peace officer training law (Chapter 8 of Title 35), creating a new form process and splitting employment-background-check rules into a separate Code section, 35-8-8.1. The changes would take effect once the Governor signs the bill or it becomes law without a signature.

• Removes the option for sheriff candidates to qualify as a 'registered peace officer'; they must instead be a certified peace officer not under revocation by the POST Council.
• Requires candidates to file a form, signed by the POST Council's executive director, attesting to their certification status when they qualify to run.
• Creates an exception letting first responders, former military officers, and former or current law enforcement officers swear they will get certified within six months of taking office instead of being certified up front.
• Makes it a crime of false swearing (O.C.G.A. § 16-10-71) to knowingly give false information on the sworn qualification affidavit.
• Directs the POST Council's executive director to create a standard form for people seeking the office of sheriff to prove their certification status.
• Reorganizes Georgia's peace officer employment screening law by moving background-check disclosure rules into a new, separate Code section, 35-8-8.1.

People running for sheriff in Georgia, current sheriffs seeking to keep their certification current, the Georgia Peace Officer Standards and Training Council, probate court judges who oversee sheriff qualifications, and law enforcement agencies and employers involved in background checks on peace officer candidates.

Candidates who relied on being a 'registered' (but not certified) peace officer to qualify for sheriff would no longer have that option, narrowing who can run without extra steps. First responders and former officers get a specific six-month path to certification, and lying about certification status on the required form would now carry criminal penalties.

• Section 1 revises O.C.G.A. § 15-16-1(c)(1)(J) to drop the 'registered peace officer' qualification path and require certified peace officer status not under council revocation, verified by a signed form from the POST Council's executive director.
• Section 1 creates an exception allowing first responders, former military officers, and former or current law enforcement officers who are not yet certified to swear they will complete certification within six months of taking office.
• Section 1 adds a false swearing penalty (O.C.G.A. § 16-10-71) for anyone who knowingly provides false information on the sheriff qualification affidavit.
• Section 1 updates the exemption list in subsection (d) so current sitting sheriffs are still deemed to meet these requirements.
• Section 2 amends O.C.G.A. § 35-8-8 to have the POST Council's executive director create a certification attestation form for sheriff candidates.
• Section 2 redesignates the employer disclosure rules for background checks as a new Code section, 35-8-8.1, without changing their substance.
• Section 3 sets the effective date as the date the Governor signs the bill or it otherwise becomes law without a signature.
• Section 4 repeals any 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-32)
• Danny Mathis (R, HD-133)
• Patty Marie Stinson (D, HD-150)

• sheriff elections
• peace officer certification
• law enforcement training
• election qualifications
• public safety