SB527: SB527 Sheriffs; candidates for the office of sheriff are certified peace officers at the time of qualifying as a candidate; require

26 LC 63 0109 Senate Bill 527 By: Senators Robertson of the 29th, Dixon of the 45th, Albers o f the 56th, Harbin of the 16th, Hickman of the 4th and others AS PASSED SENATE A BILL TO BE ENTITLED AN ACT To amend Code Section 15-16-1 of the Official Code of Georgia A nnotated, relating to1 qualification requirements for sheriff and exemptions, so as to require that candidates for the2 office of sheriff are certified peace officers at the time of q ualifying as a candidate; to3 provide for related matters; to repeal conflicting laws; and for other purposes.4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:5 SECTION 1.6 Code Section 15-16-1 of the Official Code of Georgia Annotated, relating to qualification7 requirements for sheriff and exemptions, is amended by revising subparagraph (c)(1)(J) and8 paragraph (2) of subsection (c) as follows:9 "(J) At the time of qualifying as a candidate for the office of sheriff, is a certified peace10 officer, as defined in Chapter 8 of Title 35, not under revocation by the Georgia Peace11 Officer Standards and Training Council and files with the offic er before whom such12 person qualifies a form signed by the executive director of the Georgia Peace Officer13 Standards and Training Council, or his or her designee, that attests and certifies such;14 provided, however, that any person who is not a certified peace officer at the time of15 qualifying as a candidate for the office of sheriff but is a first responder, as such term16 S. B. 527 - 1 - 26 LC 63 0109 is defined in Code Section 45-25-2, is a retired or honorably discharged member of the17 United States armed forces, or is a former or current local, st ate, or federal law18 enforcement officer shall swear or affirm before the officer before whom such person19 has qualified to seek the office of sheriff that he or she is capable of and will complete20 the requirements for certification within six months after taking office. Any such first21 responder, retired or honorably discharged member of the United States armed forces,22 or former or current local, state, or federal law enforcement o fficer who is not a23 certified peace officer at the time such person assumes the off ice of sheriff shall be24 required to complete satisfactorily the requirements for certification as a peace officer25 as provided in Chapter 8 of Title 35 within six months after such person takes office;26 provided, however, that an extension of the time to complete su ch requirements may27 be granted by the Georgia Peace Officer Standards and Training Council upon the28 presentation of evidence by a sheriff that he or she was unable to complete the basic29 training course and certification requirements due to illness, injury, military service, or30 other reasons deemed sufficient by such council. The Georgia Peace Officer Standards31 and Training Council shall make every effort to ensure that space is available for newly32 elected sheriffs who are not certified peace officers to attend the course as soon as33 possible after such persons take office. Such council shall notify the appropriate judge34 of the probate court whenever a newly elected sheriff who is no t certified fails to35 become certified as a peace officer pursuant to the requirements of this subparagraph.36 (2) Each person offering his or her candidacy for the office o f sheriff shall swear or37 affirm before the officer before whom such person has qualified to seek the office of38 sheriff that he or she meets all of the qualifications required by this subsection, except as39 otherwise provided in subparagraph (J) of paragraph (1) of this subsection, at the time40 such person qualifies, a n d that he or she has complied or will comply with the41 requirements of subparagraph (G) of paragraph (1) of this subse ction no later than the42 close of business on the third business day following the close of such qualification43 S. B. 527 - 2 - 26 LC 63 0109 period, and that, if applicable, he or she will comply with the requirements of44 subparagraph (J) of paragraph (1) of this subsection within six months of taking office. 45 Any person who knowingly provides false information in executing the affidavit required46 by this paragraph commits the offense of false swearing within the meaning of and47 subject to the penalties prescribed in Code Section 16-10-71 an d submission of a false48 document in violation of Code Section 16-10-20."49 SECTION 2.50 All laws and parts of laws in conflict with this Act are repealed.51 S. B. 527 - 3 -