SB565: SB565 Peace Officers; the definition of law enforcement unit and peace officer to include members of police forces of nonprofit private colleges and universities; revise

26 LC 39 4946 Senate Bill 565 By: Senators Robertson of the 29th, Anavitarte of the 31st, Albers of the 56th, Strickland of the 42nd and Hatchett of the 50th AS PASSED SENATE A BILL TO BE ENTITLED AN ACT To amend Code Section 35-8-2 of the Official Code of Georgia An notated, relating to1 definitions relative to employment and training of peace office rs, so as to revise the2 definition of law enforcement unit and peace officer to include members of police forces of3 nonprofit private colleges and universities; to provide for rel ated matters; to repeal4 conflicting laws; and for other purposes.5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6 SECTION 1.7 Code Section 35-8-2 of the Official Code of Georgia Annotated, relating to definitions8 relative to employment and training of peace officers, by revising paragraphs (7) and (8) as9 follows:10 "(7) 'Law enforcement unit' means:11 (A) Any agency, organ, or department of this state, a subdivis ion or municipality12 thereof, or a railroad, or a police force of a nonprofit private college or university that13 is exempt from federal income taxation under Section 501(c)(3) of the Internal Revenue14 Code whose primary functions include the enforcement of criminal or traffic laws, the15 S. B. 565 - 1 - 26 LC 39 4946 preservation of public order, the protection of life and proper ty, or the prevention,16 detection, or investigation of crime;17 (B) The Office of Permits and Enforcement of the Department of Transportation, the18 Department of Juvenile Justice and its institutions and facilit ies for the purpose of19 personnel who are authorized to exercise the power of arrest and who are employed or20 appointed by such department or institutions, and the office or section in the21 Department of Juvenile Justice in which persons are assigned wh o have been22 designated by the commissioner to investigate and apprehend delinquent children and23 any child with a pending juvenile court case alleging the child to be a child in need of24 services; and25 (C) The Department of Corrections, the Department of Community Supervision, the26 State Board of Pardons and Paroles, municipal correctional institutions employing 30027 or more correctional officers, and county correctional institut ions for the purpose of28 personnel who are authorized to exercise the power of arrest and who are employed or29 appointed by such department, board, or institutions.30 (8) 'Peace officer' means, for purposes of this chapter only:31 (A) An agent, operative, or officer of this state, a subdivision or municipality thereof,32 or a railroad, or a police force of a nonprofit private college or university that is exempt33 from federal income taxation under Section 501(c)(3) of the Int ernal Revenue Code34 who, as an employee for hire or as a volunteer, is vested either expressly by law or by35 virtue of public employment or service with authority to enforce the criminal or traffic36 laws through the power of arrest and whose duties include the p reservation of public37 order, the protection of life and property, and the prevention, detection, or investigation38 of crime;39 (B) An enforcement officer who is employed by the Department of Transportation in40 its Office of Permits and Enforcement and any person employed by the Department of41 Juvenile Justice who is designated by the commissioner to investigate and apprehend42 S. B. 565 - 2 - 26 LC 39 4946 delinquent children and any child with a pending juvenile court case alleging the child43 to be a child in need of services;44 (B.1) Personnel who are authorized to exercise the power of arrest, who are employed45 or appointed by the Department of Juvenile Justice, and whose full-time duties include46 the preservation of public order, the protection of life and pr operty, the detection of47 crime, the supervision of delinquent children in the department's institutions, facilities,48 or programs, or the supervision of delinquent children under intensive supervision in49 the community;50 (C) Personnel who are authorized to exercise the power of arre st and who are51 employed or appointed by the Department of Corrections, the Dep artment of52 Community Supervision, the State Board of Pardons and Paroles, municipal53 correctional institutions employing 300 or more correctional officers, county probation54 systems, and county correctional institutions; and55 (D) An administrative investigator who is an agent, operative, investigator, or officer56 of this state whose duties include the prevention, detection, a nd investigation of57 violations of law and the enforcement of administrative, regula tory, licensing, or58 certification requirements of his or her respective employing agency.59 Law enforcement support personnel are not peace officers within the meaning of this60 chapter, but they may be cer tified upon voluntarily complying w ith the certification61 provisions of this chapter."62 SECTION 2.63 All laws and parts of laws in conflict with this Act are repealed.64 S. 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