HB 288: Appeal and error; declaratory judgments in instances involving accusations made by a prosecuting attorney regarding credibility of a peace officer; provide

Currently, Georgia law lets a sheriff candidate qualify as either a certified or a 'registered' peace officer. This bill removes the registered-officer option and instead requires sheriff candidates to be certified peace officers in good standing with the Georgia Peace Officer Standards and Training Council (POST), verified by a form signed by POST's executive director. Certain first responders, veterans, and current or former law enforcement officers who are not yet certified can still qualify if they swear they will get certified within six months of taking office; lying on that sworn statement is a crime. The bill also creates Georgia's first formal legal process for 'Giglio lists,' which prosecutors use to flag officers whose testimony credibility is in doubt. Prosecutors must notify an officer and their agency before adding them to the list, and officers can ask for reconsideration. POST gains authority to review the factual basis for these listings, and agencies are barred from firing or disciplining an officer based solely on being listed. Records related to Giglio lists are also shielded from Georgia's open records law. The changes take effect once the Governor signs the bill.

• Requires sheriff candidates to be certified peace officers not under revocation by the Georgia Peace Officer Standards and Training Council (POST), removing the prior option to qualify as a merely 'registered' officer.
• Lets certain first responders, veterans, and current or former law enforcement officers qualify for sheriff if they swear to complete peace officer certification within six months of taking office, and makes lying on that oath a crime.
• Creates a new legal process requiring prosecutors to give written notice before placing an officer's name on a 'Giglio list' (a list of officers seen as unreliable witnesses), with a right to request reconsideration.
• Gives POST authority to independently review the factual basis for an officer's placement on a Giglio list and bars agencies from disciplining an officer based solely on that listing.
• Grants prosecutors civil immunity for Giglio list decisions unless made with actual malice, and exempts Giglio list records from disclosure under Georgia's open records law (O.C.G.A. § 50-18-72).
• Extends record retention for POST officer investigation files to 30 years and requires official notices to be sent by certified mail or certificate of mailing.

Sheriff candidates and sitting sheriffs, certified and non-certified peace officers across Georgia, local law enforcement agencies, county prosecutors and district attorneys, the Georgia Peace Officer Standards and Training Council, and the Prosecuting Attorneys' Council of the State of Georgia.

Officers placed on a Giglio list can lose the ability to testify credibly in court, which can end their usefulness in law enforcement roles. The bill gives officers formal notice and an appeals process before that happens, while also tightening who can become sheriff without a valid peace officer certification.

• Section 1 revises O.C.G.A. § 15-16-1 so sheriff candidates must be certified (not merely registered) peace officers, verified by a POST executive director's form, with an exception process for certain first responders and veterans.
• Section 2 adds new O.C.G.A. § 15-18-33, requiring prosecutors to give written notice before placing an officer on a Giglio list and creating a 30-day window for the officer or agency to request reconsideration.
• Section 2 also grants prosecutors civil immunity for Giglio list placements absent actual malice and requires the Prosecuting Attorneys' Council to write statewide policies for the process.
• Sections 3 through 6 amend Chapter 8 of Title 35 to define 'affected peace officer' and 'Giglio list,' and give POST power to review the factual basis for a listing and notify the officer and agency of its findings.
• Section 7 bars discipline based solely on Giglio list placement, requires agencies to forward Giglio notices to POST within 30 days, and creates a form attesting a sheriff candidate's certification status.
• Section 8 adds new O.C.G.A. § 35-8-14, requiring agencies to notify affected officers within three days of a Giglio listing and limiting when agencies may take adverse employment action based on it.
• Section 9 amends O.C.G.A. § 50-18-72 to exempt Giglio list records from Georgia's open records law.
• Section 10 makes the law effective immediately upon the Governor's signature.

1. 2025-05-12Effective Date
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-99)
• Clint Crowe (R, HD-118)
• Eddie Lumsden (R, HD-12)
• Rob Clifton (R, HD-131)
• Stan Gunter (R, HD-8)
• Brian Strickland (R, SD-42)

1. PassedHouse voteMarch 6, 2025

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

   PASSAGE: House Vote #204

2. PassedSenate voteMarch 31, 2025

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

   PASSAGE BY SUBSTITUTE: Senate Vote #349

3. PassedHouse voteMarch 31, 2025

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

   Agree to Senate Substitute: House Vote #367

• sheriff qualifications
• police accountability
• Giglio lists
• law enforcement certification
• public records exemptions