The House Committee on Public Safety and Homeland Security offers the following
substitute to HB 246:
A BILL TO BE ENTITLED
AN ACT
To amend Code Section 15-16-1 and Chapter 8 of Title 35 of the Official Code of Georgia
Annotated, relating to qualification requirements for sheriff and exemptions and employment
and training of peace officers, respectively, so as to require a person qualifying as a candidate
for sheriff be a peace officer not under revocation by the Georgia Peace Officer Standards
and Training Council; to provide for penalties; to provide for submission of a form
completed by the executive director of such council; to provide for an exception; to provide
for attestation that any person qualifying for the office of sheriff who is not a certified peace
officer but holds or has held certain other positions is capable of and will obtain such
certification after obtaining the position; to provide for conforming changes; to provide for
related matters; to provide for an effective date; to repeal conflicting laws; and for other
purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 15-16-1 of the Official Code of Georgia Annotated, relating to qualification
requirements for sheriff and exemptions, is amended in subsection (c) by revising
subparagraph (J) of paragraph (1) and paragraph (2) and by revising subsection (d) as
follows:
"(J) <ins>At the time of qualifying as a candidate for the office of sheriff,</ins> <del>Is a registered
peace officer as provided in Code Section 35-8-10 or</del> is a certified peace officer, as
defined in Chapter 8 of Title 35, <ins>not under revocation by the Georgia Peace Officer
Standards and Training Council and files with the officer before whom such person
qualifies a form signed by the executive director of the Georgia Peace Officer Standards
and Training Council, or his or her designee, that attests and certifies such; provided,
however, that any person who is not a certified peace officer at the time of qualifying
as a candidate for the office of sheriff but is a first responder, as such term is defined
in Code Section 45-25-2, or former military officer, or is a former or current local, state,
or federal law enforcement officer shall swear or affirm before the officer before whom
such person has qualified to seek the office of sheriff that he or she is capable of and
will complete the requirements for certification within six months after taking office.
</ins> Any <del>person</del> <ins>such first responder, former military officer, or such former or current
local, state, or federal law enforcement officer</ins> who is not a registered or certified peace
officer at the time such person assumes the office of sheriff shall be required to
complete satisfactorily the requirements for certification as a peace officer as provided
in Chapter 8 of Title 35 within six months after such person takes office; provided,
however, that an extension of the time to complete such requirements may be granted
by the Georgia Peace Officer Standards and Training Council upon the presentation of
evidence by a sheriff that he or she was unable to complete the basic training course
and certification requirements due to illness, injury, military service, or other reasons
deemed sufficient by such council. The Georgia Peace Officer Standards and Training
Council shall make every effort to ensure that space is available for newly elected
sheriffs who are not certified <del>or registered</del> peace officers to attend the course as soon
as possible after such persons take office. Such council shall notify the appropriate
judge of the probate court whenever a newly elected sheriff who is not certified fails
to become certified as a peace officer pursuant to the requirements of this subparagraph.
(2) Each person offering his or her candidacy for the office of sheriff shall <del>at the time
such person qualifies,</del> swear or affirm before the officer before whom such person has
qualified to seek the office of sheriff that he or she meets all of the qualifications required
by this subsection, except as otherwise provided in subparagraph (J) of paragraph (1) of
this subsection, <del>and</del> <ins>at the time such person qualifies,</ins> that he or she has complied or will
comply with the requirements of subparagraph (G) of paragraph (1) of this subsection no
later than the close of business on the third business day following the close of such
qualification period, <ins>and that, if applicable, he or she will comply with the requirements
of subparagraph (J) of paragraph (1) of this subsection within six months of taking office.
Any person who knowingly provides false information in executing the affidavit required
by this paragraph commits the offense of false swearing within the meaning of and
subject to the penalties prescribed in Code Section 16-10-71."
</ins> "(d) Exemption. The requirements of subparagraphs (c)(1)(D), <del>(c)(1)(E),
</del> <ins>through</ins> (c)(1)(F), (c)(1)(H), (c)(1)(I), and (c)(1)(J) of this Code section shall be deemed
to have been met by any person who is currently serving as a duly qualified and elected
sheriff of one of the several counties of this state."
SECTION 2.
Chapter 8 of Title 35 of the Official Code of Georgia Annotated, relating to employment and
training of peace officers, is amended by revising Code Section 35-8-8, relating to
requirements for appointment or certification of persons as peace officers and
preemployment attendance at basic training course and "employment related information"
defined, and by redesignating the current provisions of subsection (c) of said Code section
as a new Code section to read as follows:
"35-8-8.
(a) Any person employed or certified as a peace officer shall:
(1) Be at least 18 years of age;
(2) Be a citizen of the United States;
(3) Have a high school diploma or its recognized equivalent;
(4) Not have been convicted by any state or by the federal government of any crime the
punishment for which could have been imprisonment in the federal or state prison or
institution nor have been convicted of sufficient misdemeanors to establish a pattern of
disregard for the law, provided that, for the purposes of this paragraph, violations of
traffic laws and other offenses involving the operation of motor vehicles when the
applicant has received a pardon shall not be considered;
(5) Be fingerprinted for the purpose of conducting a fingerprint based search at the
Georgia Bureau of Investigation and the Federal Bureau of Investigation to determine the
existence of any criminal record;
(6) Possess good moral character as determined by investigation under procedure
established by the council and fully cooperate during the course of such investigation;
(7) Be found, after examination by a licensed physician or surgeon, to be free from any
physical, emotional, or mental conditions which might adversely affect his or her exercise
of the powers or duties of a peace officer; and
(8) Successfully complete a job related academy entrance examination provided for and
administered by the council in conformity with state and federal law. Such examination
shall be administered prior to entrance to the basic course provided for in Code
Sections 35-8-9 and 35-8-11. The council may change or modify such examination and
shall establish the criteria for determining satisfactory performance on such examination.
The provisions of this paragraph establish only the minimum requirements of academy
entrance examinations for peace officer candidates in this state; each law enforcement
unit is encouraged to provide such additional requirements and any preemployment
examination as it deems necessary and appropriate. Any person with a degree from a
postsecondary institution accredited by a regional accrediting agency recognized by the
United States Department of Education shall be deemed to have met the requirements of
this paragraph.
(b) Any person authorized to attend the basic training course prior to employment as a
peace officer shall meet the requirements of subsection (a) of this Code section.
<ins>(c) The executive director of the council, or his or her designee, shall promulgate a form
which shall be available to any person seeking election to the office of sheriff. Such form
shall provide for the attestation and certification by the executive director that the person
seeking such form is a certified peace officer who is not under revocation by the council.
35-8-8.1.
</ins> <del>(c)(1)(a)</del> <ins>As used in this Code section</ins> <del>For purposes of this subsection,</del> the term
'employment related information' means written information contained in a prior
employer's records or personnel files that relates to an applicant's, candidate's, or peace
officer's performance or behavior while employed by such prior employer, including
performance evaluations, records of disciplinary actions, and eligibility for rehire. Such
term shall not include information prohibited from disclosure by federal law or any
document not in the possession of the employer at the time a request for such information
is received.
<ins>(2)(b)(1)</ins> Where an investigation is conducted for the purpose of hiring, certifying, or
continuing the certification of a peace officer, an employer shall disclose employment
related information to the investigating law enforcement agency upon receiving a written
request from such agency. Disclosure shall only be required under this subsection if the
law enforcement agency's request is accompanied by a copy of a signed, notarized
statement from the applicant, candidate, or peace officer releasing and holding harmless
such employer from any and all liability for disclosing complete and accurate information
to the law enforcement agency.
<del>(3)(2)</del> An employer may charge a reasonable fee to cover actual costs incurred in
copying and furnishing documents <ins>pursuant to this subsection</ins> to a requesting law
enforcement agency, including retrieving and redacting costs, provided such amount shall
not exceed $25.00 or 25¢ per page, whichever is greater. No employer shall be required
to prepare or create any document not already in the employer's possession at the time a
request for employment related information is received. Any employment related
information provided pursuant to this subsection that is not subject to public disclosure
while in the possession of a prior employer shall continue to be privileged and protected
from public disclosure as a record of the requesting law enforcement agency.
<del>(4)(3)</del> No employer or law enforcement agency shall be subject to any civil liability for
any cause of action by virtue of disclosing complete and accurate information to a law
enforcement agency in good faith and without malice pursuant to this subsection. In any
such cause of action, malice or bad faith shall only be demonstrated by clear and
convincing evidence. Nothing <del>contained</del> in this subsection shall be construed so as to
affect or limit rights or remedies provided by federal law.
<del>(5)(4)</del> Before taking final action on an application for employment based, in whole or in
part, on any unfavorable employment related information received from a previous
employer, a law enforcement agency shall inform the applicant, candidate, or peace
officer that it has received such employment related information and that the applicant,
candidate, or peace officer may inspect and respond in writing to such information. Upon
the applicant's, candidate's, or peace officer's request, the law enforcement agency shall
allow him or her to inspect the employment related information and to submit a written
response to such information. The request for inspection shall be made within five
business days from the date that the applicant, candidate, or peace officer is notified of
the law enforcement agency's receipt of such employment related information. The
inspection shall occur not later than ten business days after said notification. Any
response to the employment related information shall be made by the applicant,
candidate, or peace officer not later than three business days after his or her inspection.
<del>(6)(5)</del> Nothing <del>contained</del> in this <del>Code section</del> <ins>subsection</ins> shall be construed so as to
require any person to provide self-incriminating information or otherwise to compel any
person to act in violation of his or her right guaranteed by the Fifth Amendment of the
United States Constitution and Article I, Section I, Paragraph XVI of the Georgia
Constitution. It shall not be a violation of this <del>Code section</del> <ins>subsection</ins> for a person to fail
to provide requested information based on a claim that such information is
self-incriminating provided that notice of such claim is served in lieu of the requested
information. An action against such person to require disclosure on the grounds that the
claim of self-incrimination is not substantiated may be brought in the superior court of
the county of such party's residence or where such information is located."
SECTION 3.
This Act shall become effective upon its approval by the Governor or upon its becoming law
without such approval.
SECTION 4.
All laws and parts of laws in conflict with this Act are repealed.