Official Code of Georgia Annotated

Title 35. LAW ENFORCEMENT OFFICERS AND AGENCIES · Chapter 2. DEPARTMENT OF PUBLIC SAFETY · Article 1. GENERAL PROVISIONS

35-2-15. Off-duty use of motor vehicles and other equipment by certain law enforcement officers; conditions for use; rules and regulations.

Active

Current through: Including Acts of the 2025 Session of the General Assembly of Georgia.

(a)
1. (1)
  Certified law enforcement officers employed by the department may use a department motor vehicle while working an off-duty job if such job requires vested police powers as a condition of employment, has been approved by the commissioner, and has been determined by the commissioner to be in furtherance of the department’s mission and service to the state. Department motor vehicles used for off-duty employment shall not be used at any political function.#
2. (2)
  Except as otherwise provided for in this subsection, department motor vehicles shall be used only in the discharge of official duties.#
3. (3)
  Any other equipment shall be used only with the express written approval of the commissioner. The commissioner shall adopt rules and regulations governing the use of equipment subject to approval of the board.#
(b)
The commissioner, in his or her sole discretion, in granting approval for such off-duty job in which a department motor vehicle is used, prior to the use of such vehicle, shall determine whether the off-duty employer provided for in subsection (a) of this Code section shall reimburse the department for use of the vehicle. When reimbursement is required, such off-duty employer shall enter into a written agreement with the department to pay an amount determined by the commissioner to be sufficient to reimburse the department for the use of the vehicle and to pay the off-duty employee sufficient compensation. Pursuant to such agreement, the department shall pay the employee of the department the compensation earned on off-duty employment whenever such employee performs such service in a department motor vehicle; provided, however, that such compensation shall not be characterized as direct employment compensation but shall be paid as services under contract.#
(c)
Employees of the department operating a department motor vehicle pursuant to this Code section shall be deemed to be acting within the scope of their official duties and employment within the meaning of Code Section 50-21-20, et seq., and the commissioner of administrative services shall provide liability coverage for claims arising out of such use. The commissioner shall adopt rules and regulations governing the use of equipment subject to approval of the Board of Public Safety.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1981, § 35-2-15, enacted by Ga. L. 2016, p. 385, § 3/HB 806; Ga. L. 2017, p. 774, § 35/HB 323; Ga. L. 2025, p. 1029, § 35(3)/SB 153, effective July 1, 2025.

Amendments

The 2025 amendment, effective July 1, 2025, part of an Act to revise, modernize, and correct the Code, substituted “board.” for “Board of Public Safety.” in paragraph (a)(3).

Administrative rules and regulations

Off-duty police employment, Official Compilation of the Rules and Regulations of the State of Georgia, Department of Public Safety, Rule 570-9-.01 et seq.

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Session of the General Assembly of Georgia.

Text read from t35-t36-ch1-59-(v27)-2025-pdf.pdf, Volume V27, 2025 edition, pages 56 to 57; merge action: bound only; file SHA-256 6c7b6bcea397.

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