2010 Georgia Code 12-6-20 Case Law

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16-14-4 or 16-13-32

One Click Case Law for § 12-6-20
O.C.G.A. § 12-6-2 <-- --> O.C.G.A. §12-6-200

2010 Georgia Code


§ 12-6-20 - Forestry investigators

O.C.G.A. 12-6-20 (2010)
12-6-20. Forestry investigators

(a) The director, with the approval of the commission, may appoint investigators to enforce the forestry laws and regulations of this state.

(b) The investigators so appointed and any fire-fighting crews under their direction may enter upon any land for the purpose of preventing and suppressing fires and enforcing the fire and other forestry laws and regulations of this state.

(c) Investigators who have been so appointed and who have been certified by the Georgia Peace Officer Standards and Training Council as having successfully completed the course of training required by Chapter 8 of Title 35, the "Georgia Peace Officer Standards and Training Act," shall be authorized and empowered to:

(1) Make summary arrests for violations of the fire and other forestry laws and regulations of this state; and, in case of such arrests, the investigator shall as soon as possible deliver the arrested person or persons to the custody of the sheriff of the county wherein the offense was committed;

(2) Arrest persons accused of violating any law or regulation which such investigators are empowered to enforce by the issuance of a citation, provided that the offense is committed in the presence of the investigator or information concerning the offense constituting a basis for arrest was received by the arresting investigator from a law enforcement officer who observed the offense being committed. The arresting investigator may issue to the accused person a citation which shall enumerate the specific charges against such person and the date upon which such person is to appear and answer such charges. Whenever an arrest is made by the arresting investigator on the basis of information received from another law enforcement officer who observed the offense being committed, such citation shall list the name of each officer, and each officer shall be present when the charges against the offender are heard; and

(3) Carry weapons in order to enforce the forestry laws and regulations of this state.

(d) The provisions of paragraphs (1) and (2) of subsection (c) of this Code section notwithstanding, no arrest shall be made of any person for an offense described in subsection (e) of Code Section 12-6-90 unless on two previous occasions such person was issued warnings by a forestry investigator, other law enforcement officer, or State Forestry Commission firefighter for such an offense.

(e) If any person charged by citation as provided in paragraph (2) of subsection (c) of this Code section shall fail to appear in court as specified in the citation, the judge having jurisdiction of the offense may issue a warrant ordering the apprehension of such person and commanding that he or she be brought before the court to answer the charge contained within such citation and the charge of his or her failure to appear as required. Such person shall then be allowed to make a reasonable bond to appear on a given date before the court.

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Graham W. Syfert, Esq., P.A.
Phone: 904-383-7448
Fax: 904-638-4726