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O.C.G.A. § 16-10-3 — Using private funds for law enforcement; off-duty employment of law enforcement officers | Georgia Code
O.C.G.A. § 16-10-3 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 16 CRIMES AND OFFENSES

Section 10. Offenses Against Public Administration, 16-10-1 through 16-10-98.

ARTICLE 1 ABUSE OF GOVERNMENTAL OFFICE

16-10-3. Using private funds for law enforcement; off-duty employment of law enforcement officers.

  1. Except as otherwise provided in this Code section, any officer or employee of the state or any agency thereof who receives from any private person, firm, or corporation funds or other things of value to be used in the enforcement of the penal laws or regulations of the state is guilty of a misdemeanor.
  2. Except as otherwise provided in this Code section, any officer or employee of a political subdivision who receives from any private person, firm, or corporation funds or other things of value to be used in the enforcement of the penal laws or regulations of the political subdivision of which he is an officer or employee is guilty of a misdemeanor.
  3. Nothing contained within this Code section shall be deemed or construed so as to prohibit any law enforcement officer of the state or any political subdivision thereof:
    1. From being employed by private persons, firms, or corporations during his off-duty hours when such employment is approved in writing by the chief or head, or his duly designated agent, of the law enforcement agency by which such law enforcement officer is employed; or
    2. From soliciting for or accepting contributions of equipment or of funds to be used solely for the purchase of equipment to be used in the enforcement of the penal laws or regulations of this state or any political subdivision thereof when such acceptance is approved in writing by the chief or head, or his duly designated agent, of the law enforcement agency by which such law enforcement officer is employed.

(Ga. L. 1958, p. 333, § 1; Ga. L. 1959, p. 34, § 3; Code 1933, § 26-2303, enacted by Ga. L. 1968, p. 1249, § 1; Ga. L. 1972, p. 1147, § 1; Ga. L. 1987, p. 906, § 1.)

Administrative Rules and Regulations.

- Performance of duty, Official Compilation of the Rules and Regulations of the State of Georgia, Board of Corrections, Departmental Operations, § 125-2-1-.07.

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

OPINIONS OF THE ATTORNEY GENERAL

Maintenance of records by Georgia Crime Information Center regarding violations of former Code 1933, § 26-2303 (see now O.C.G.A. § 16-10-3). See 1976 Op. Att'y Gen. No. 76-33.

Georgia Bureau of Investigation may not accept funds from private concerns such as banks to support investigations when the private concerns have a vested interest, such as credit card frauds. 1986 Op. Att'y Gen. No. 86-45.

RESEARCH REFERENCES

Am. Jur. 2d.

- 12 Am. Jur. 2d, Bribery, § 5 et seq.

C.J.S.

- 67 C.J.S., Officers and Public Employees, § 360 et seq.

ALR.

- Criminal offense of bribery as affected by lack of legal qualification of person assuming or alleged to be an officer, 115 A.L.R. 1263.

Furnishing public official with meals, lodging, or travel, or receipt of such benefits, as bribery, 67 A.L.R.3d 1231.

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