Senate Bill 319
By: Senators Davenport of the 17th, James of the 28th, Anderson of the 43rd, McLaurin of
the 14th, Jones II of the 22nd and others
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 1 of Title 35 of the Official Code of Georgia Annotated, relating to
general provisions relative to law enforcement officers and agencies, so as to provide a
standard by which state, county, and local law enforcement agencies authorize the
engagement of vehicular pursuits; to provide for related matters; to provide a short title; 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 "Dorothy Mae Smith Wright Act."
SECTION 2.
Chapter 1 of Title 35 of the Official Code of Georgia Annotated, relating to general
provisions relative 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) Each</ins> <del>On and after January 1, 2004, each</del> state, county, and local law enforcement
agency that conducts emergency response and vehicular pursuits shall adopt written
policies, <ins>consistent with this Code section,</ins> that set forth the manner in which these
operations shall be conducted. Each law enforcement agency may create its own such
policies or adopt an existing model, <ins>consistent with this Code section.</ins> All pursuit policies
created or adopted by any law enforcement agency <del>must</del> <ins>shall</ins> 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.
<ins>(b) No state, county, or local law enforcement agency shall authorize the engagement of
a vehicular pursuit unless:
(1) The requirements of Code Section 40-6-6 are met; and
(2) Probable cause exists to believe that the persons being pursued committed, or are
committing, murder as provided for in Article 1 of Chapter 5 of Title 16; aggravated
battery as provided for in Article 2 of Chapter 5 of Title 16; kidnapping, false
imprisonment, or any other offense as provided for in Article 3 of Chapter 5 of Title 16;
rape as provided for in Chapter 6 of Title 16; armed robbery as provided for in Article 2
of Chapter 8 of Title 16; or any offense that creates an immediate threat of death or
serious bodily injury to another person or a substantial threat to the safety of another
person."
</ins> SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.