HB 915: Law enforcement officers and agencies; authorize county and municipal law enforcement agencies to employ civilian personnel to assist in certain investigations

House Bill 915

By: Representatives Lupton of the 83rd and Lim of the 98th

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 authorize county and municipal law enforcement agencies to employ civilian personnel to assist in certain investigations; to provide for a definition; to provide for violations and penalties; to provide for the establishment of a training program for civilian community responders by the Georgia Peace Officer Standards and Training Council; to amend Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to the uniform rules of the road, so as to authorize civilian community responders to assist in directing and regulating the flow of traffic; to provide that civilian community responders utilize uniform motor vehicle accident reports and reporting procedures; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, is amended by adding a new Code section to read as follows:

"35-1-24.

(a) As used in this Code section, the term 'civilian community responder' means a nonsworn law enforcement employee who:

(1) Assists in the investigation of traffic accidents;

(2) Assists in the investigation of property crimes;

(3) Assists in educating the public about state laws and local ordinances; and

(4) Assists in the search for missing persons.

(b) A county or municipal law enforcement agency of this state shall be authorized to employ, designate, equip, and train civilian community responders.

(c) No county or municipal law enforcement agency shall employ civilian community responders for purposes of reducing or replacing sworn law enforcement officers.

(d) No civilian community responder shall exercise any of the powers or authority which are by law vested in the office of sheriff or any other peace officer, including the power of arrest, except as may be authorized by law. No civilian community responder shall:

(1) Have the power to possess and carry firearms and other weapons for the purpose of investigating motor vehicle traffic accidents; provided, however, that any individual who is a lawful weapons carrier as such term is defined in Code Section 16-11-125.1 shall not be in violation of this paragraph; or

(2) Be issued a weapon of any type by the county or municipal law enforcement agency.

(e) A county or municipal law enforcement agency that employs civilian community responders shall establish the minimum standards for employment.

(f) Each civilian community responder shall attend and complete a uniform training program established by the Georgia Peace Officer Standards and Training Council. Such program shall at a minimum consist of four hours of instruction and include education on motor vehicle accident and property crime investigations. Upon completion of such program, each civilian community responder shall spend not less than four weeks of field training with a law enforcement officer who has experience conducting traffic accident and property crime investigations.

(g) A civilian community responder shall be issued the following by a county or municipal law enforcement agency:

(1) Credentials identifying the individual as such and which shall be produced upon request by an individual involved in or a witness to a motor vehicle traffic accident; and

(2) A uniform that is substantially different in color and style from any law enforcement officer in this state and which displays the name of the civilian community responder and patches that identify the individual as a civilian community responder. Such uniform shall remain the property of the law enforcement agency that employs the civilian community responder.

(h) No civilian community responder employed pursuant to the authority of this Code section shall be issued a badge as defined in Code Section 35-10-3.

(i) No vehicle issued to, or used by, a civilian community responder shall bear markings or symbols that identify the vehicle as a law enforcement vehicle. Such vehicle may have emergency equipment and lights installed; provided, however, that no such vehicle shall be equipped with flashing, blinking, revolving, or stationary blue lights.

(j) A civilian community responder who investigates a motor vehicle accident shall instruct the driver of each motor vehicle in an accident to report the following to all other parties suffering property damage as an apparent result of the accident:

(1) The name and address of the operator of the motor vehicle and the name and address of the registered owner of the motor vehicle if the operator of the motor vehicle is not the owner;

(2) The license number of the motor vehicle; and

(3) The name of the liability insurance carrier for the motor vehicle or the fact that such operator has a certificate of self-insurance issued pursuant to Code Section 33-34-5.1.

(k) A civilian community responder shall use uniform accident reports and procedures set forth in Code Section 40-6-278 and shall have the same authority as a law enforcement officer to direct, control, or regulate traffic for the express purpose of towing or removing a vehicle that is obstructing a highway.

(l) A civilian community responder who assists in the investigation of a property crime shall be limited to taking statements and producing an initial police report in such investigation.

(m) It shall be unlawful for any individual to willfully obstruct, resist, impede, or interfere with a civilian community responder employed pursuant to this Code section in connection with such individual's investigation or to retaliate or discriminate in any manner against such individual as a reprisal for any act or omission of such individual. Any violation of this subsection shall be punishable as a misdemeanor."

SECTION 2.

Said title is further amended by revising Code Section 35-8-7, relating to powers and duties of the Georgia Peace Officer Standards and Training Council, as follows:

"35-8-7.

The council is vested with the following powers and duties:

(1) To meet at such times and places as it may deem necessary;

(2) To contract with other agencies, public or private, or persons as it deems necessary for the rendering and affording of such services, facilities, studies, and reports to the council as will best assist it to carry out its duties and responsibilities;

(3) To cooperate with and secure the cooperation of every department, agency, or instrumentality in the state government or its political subdivisions in the furtherance of the purposes of this chapter;

(4) To establish criteria to be used in certifying schools authorized to conduct training required by this chapter;

(5) To certify schools as authorized to conduct training required by this chapter;

(6) To prescribe minimum qualifications for directors of schools certified to conduct training required by this chapter;

(7) To certify such school directors;

(8) To establish minimum qualifications for instructors at schools certified to conduct training required by this chapter;

(9) To certify instructors authorized to conduct training required by this chapter;

(10) To reevaluate certified schools annually to determine if such schools shall continue to be certified;

(11) To withdraw or suspend certification of schools, school directors, and instructors who fail to continue to meet or maintain, at any given time, the criteria and qualifications required for school, school director, or instructor certification;

(12) To determine whether a candidate has met the requirements of this chapter and is qualified to be employed as a peace officer and to issue a certificate to those so qualified;

(13) To certify to designated law enforcement units a candidate's successful completion of the course;

(14) To refuse to grant a certificate to or to discipline a certified peace officer or an exempt peace officer under this chapter or any antecedent law;

(15) To establish and modify the curriculum, including the methods of instruction, composing the basic training courses and to set the minimum number of hours therefor;

(15.1) To establish a uniform training program for civilian community responders which shall be made available to civilian community responders employed by a county or municipality pursuant to Code Section 35-1-24;

(16) To establish and recommend curricula for such advanced, in-service, and specialized training courses as the council shall deem advisable and to recognize the completion of such courses by the issuance of certificates;

(17) To provide technical assistance as requested by law enforcement units;

(18) To provide for and administer the registration of all exempt peace officers;

(19) To research, plan, and establish policy relative to peace officer training and to develop and coordinate the delivery of peace officer training programs through such agencies and institutions as the council may deem appropriate;

(20) To establish as part of the curriculum for basic and in-service training courses for all peace officers training on organized criminal activity and criminal street gangs;

(21) To develop, adopt, and issue advanced or professional peace officer certificates based upon the attainment of specified education, advanced or specialized training, and experience as the council may determine;

(22) To provide and administer the certification of persons qualified to operate radar speed detection devices and to withdraw or suspend such certificates as provided for in this chapter;

(23) To impose administrative fees, as determined by the council, for services provided pursuant to the provisions of this chapter;

(24) To adopt in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' such rules and regulations as are necessary to carry out the purposes of this chapter; and

(25) To do any and all things necessary or convenient to enable it to perform wholly and adequately its duties and to exercise the power granted to it."

SECTION 3.

Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to uniform rules of the road, is amended by revising Code Section 40-6-2, relating to obedience to authorized persons directing traffic, as follows:

"40-6-2.

No person shall fail or refuse to comply with any lawful order or direction of any law enforcement officer or firefighter, nonsworn employee or volunteer authorized under Code Section 35-1-11, or individual designated under Code Section 20-2-1131, or civilian community responder employed pursuant to Code Section 35-1-24 with the authority to direct, control, or regulate traffic."

SECTION 4.

Said chapter is further amended by revising Code Section 40-6-278, relating to uniform motor vehicle accident reports and reporting procedures, as follows:

"40-6-278.

The commissioner of transportation shall prescribe, by rule, uniform motor vehicle accident reports and reporting procedures which shall be used by all police officers, whether state, county, or municipal, and by all civilian community responders, whether county or municipal. The rules shall be adopted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The rules may require one type of report and reporting procedure for motor vehicle accidents in which property damage alone is involved and another type of report and reporting procedure for motor vehicle accidents involving personal injury or death. The commissioner may, by rule, require additional investigation or reports in case of serious bodily injury or death."

SECTION 5.

All laws and parts of laws in conflict with this Act are repealed.