SB 99: Crimes and Offenses; definition of law enforcement officer; provide

Senate Bill 99

By: Senators Robertson of the 29th, Albers of the 56th, Bearden of the 30th, Summers of the 13th, Hickman of the 4th and others

AS PASSED

A BILL TO BE ENTITLED

AN ACT

To amend Code Sections 16-1-3 and 17-4-20 of the Official Code of Georgia Annotated, relating to definitions relative to crimes and offenses and authorization of arrests with and without warrants generally, use of deadly force, adoption or promulgation of conflicting regulations, policies, ordinances, and resolutions, and authority of nuclear power facility security officer, respectively, so as to provide for a definition of law enforcement officer; to provide for a cross reference to such definition; to provide for a short title; to provide for related matters; 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 "Law Enforcement Partners Act."

SECTION 2.

Code Section 16-1-3 of the Official Code of Georgia Annotated, relating to definitions relative to crimes and offenses, is amended by adding a new paragraph to read as follows: "(8.1) 'Law enforcement officer' means:

(A) A peace officer;

(B) Any state or federal law enforcement officer who renders assistance to a law enforcement agency of this state or any political subdivision thereof in response to a declaration of a state of emergency or disaster issued by the Governor pursuant to Code Section 38-3-51;

(C) An appointed chief of police or department head of a law enforcement unit who has not completed the applicable training required by Code Section 35-8-20 or 35-8-20.1 from the date of initial appointment to the date by which such training is to be completed pursuant to the applicable Code section;

(D) An individual certified or commissioned in another state as a law enforcement officer, peace officer, or other official as being authorized to make arrests and carry firearms in the performance of his or her official duties who is employed by a law enforcement agency, enforcement unit, agency, or department of this state or any municipality, county, or other political subdivision thereof but who has not completed the applicable training required by Chapter 8 of Title 35, the 'Georgia Peace Officer Standards and Training Act,' provided that such individual's certification or commission in another state remains in good standing; and

(E) A federal law enforcement officer who is employed by the United States government as a full-time law enforcement officer, is in good standing with his or her federal agency of employment, is authorized to carry a firearm in the performance of his or her official duties, and is empowered to arrest a person for criminal violations of the United States Code; while serving at the request of a Georgia state or local peace officer or to prevent imminent death or bodily harm."

SECTION 3.

Code Section 17-4-20 of the Official Code of Georgia Annotated, relating to authorization of arrests with and without warrants generally, use of deadly force, adoption or promulgation of conflicting regulations, policies, ordinances, and resolutions, and authority of nuclear power facility security officer, is amended in subsection (a) by adding a new paragraph to read as follows:

"(4) As used in this subsection, the term 'law enforcement officer' shall have the same meaning as set forth in Code Section 16-1-3."

SECTION 4.

All laws and parts of laws in conflict with this Act are repealed.