---
title: O.C.G.A. § 45-9-88. Indemnification not awarded in certain instances.
collection: code
id: 45-9-88
cite_as: O.C.G.A. § 45-9-88 (2025)
canonical_url: https://georgiacommons.org/code/45-9-88
md_url: https://georgiacommons.org/code/45-9-88.md
text_url: https://georgiacommons.org/code/45-9-88/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t45-(v33)-pdf.pdf?sfvrsn=c5ce751b_0#page=60
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
up: https://georgiacommons.org/code/45-9.md
previous: https://georgiacommons.org/code/45-9-87.md
next: https://georgiacommons.org/code/45-9-89.md
index: https://georgiacommons.org/code/index.md
version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: PUBLIC OFFICERS AND EMPLOYEES / INSURING AND INDEMNIFICATION OF PUBLIC OFFICERS AND EMPLOYEES / LAW ENFORCEMENT OFFICERS, FIREMEN, PRISON GUARDS, AND PUBLICLY EMPLOYED EMERGENCY MEDICAL TECHNICIANS / GEORGIA STATE INDEMNIFICATION FUND
---

# O.C.G.A. § 45-9-88. Indemnification not awarded in certain instances.

(a) No indemnification shall be awarded to any person otherwise entitled thereto who violates a penal law of this state which violation caused or contributed to the death or disability of the officer.

(b) Notwithstanding any other provision of this part, no payment shall be authorized if death, organic brain damage, total permanent disability, or partial permanent disability occurs from suicide, intentionally self-inflicted injuries, natural causes, or the performance of routine duties which would not be considered strenuous or dangerous by a reasonable person, except as provided for in subsection (c) of Code Section 45-9-85.

## History

Ga. L. 1978, p. 1914, § 8; Code 1981, § 45-9-88, as redesignated by Ga. L. 2008, p. 470, § 1/SB 254; Ga. L. 2021, p. 314, § 2/SB 60; Ga. L. 2025, p. 699, § 3/SB 56, effective July 1, 2025.

## Editor's Notes

Ga. L. 2023, p. 580, § 1/HB 437, effective May 3, 2023, reenacted this Code section without change.

## Amendments

The 2021 amendment, effective July 1, 2021, substituted “, except as provided for in subsection (b) of Code Section 45-9-85” for “; provided, however, that this subsection shall not preclude the department or the commission from considering competent, independent medical evidence as to whether a heart attack that occurs shortly after fighting a fire was caused by the strain of fighting the fire” at the end of subsection (b).

The 2025 amendment, effective July 1, 2025, in subsection (b), substituted “part” for “article” near the beginning and substituted “subsection (c) of” for “subsection (b) of” near the end.