TITLE 17 CRIMINAL PROCEDURE

Section 4. Arrest of Persons, 17-4-1 through 17-4-62.

ARTICLE 2 ARREST BY LAW ENFORCEMENT OFFICERS GENERALLY

17-4-25.1. Transport of arrested person to jurisdiction in which offense committed; transport of prisoner outside county or municipality.

1. As provided in subsection (e) of this Code section, a sworn law enforcement officer from a county or municipality in which an offense is alleged to have been committed shall be authorized to transport an arrested person, with the warrant under which such person was arrested, from one jurisdiction to the county or municipality in which the offense is alleged to have been committed for examination before any judicial officer of that county or municipality.
2. Unless otherwise provided by contract, the agency requesting the transportation of the arrested person pursuant to subsection (a) of this Code section shall be responsible for all costs associated with the transport. Such officer may hold or imprison the arrested person in a jurisdiction other than where the offense is alleged to have been committed long enough to enable such officer to prepare to take the arrested person to the jurisdiction in which the offense is alleged to have been committed.
3. A sworn law enforcement officer from a county or municipality shall be authorized to transport a prisoner who is lawfully in the custody of such officer to a medical facility, juvenile detention facility as defined in Code Section 49-4A-1, or court appearance outside such county or municipality or to transport such prisoner to a location outside such county or municipality for any lawfully required or necessary purpose.
4. This Code section shall not be construed to provide any general state-wide police powers or authority for county or municipal law enforcement officers or expand the arrest powers of such officers outside their properly authorized jurisdiction.
5. Sheriffs and, with the approval of its governing authority, municipal or other law enforcement agency heads are authorized to enter into a contract for the purposes of transporting arrested individuals from the jurisdiction of the arrest to an appropriate detention facility where the alleged crime is to have occurred. In the absence of a written contract between the sheriff and municipal or other law enforcement agency head, the sheriff or his or her designee has the right of first refusal, as evidenced in writing, of transporting persons arrested on a warrant to an appropriate detention facility where the crime is alleged to have occurred. Any responsibility arising as a result of the transportation of an arrested individual as authorized in this Code section shall be that of the agency whose employee is transporting the arrested individual.

(Code 1981, §17-4-25.1, enacted by Ga. L. 1993, p. 710, § 1; Ga. L. 2013, p. 294, § 4-14/HB 242.)

The 2013 amendment, effective January 1, 2014, substituted "requesting the transportation of" for "transporting" in the first sentence of subsection (b); and substituted "juvenile detention facility as defined in Code Section 49-4A-1" for "youth development center" near the middle of subsection (c). See editor's note for applicability.