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2018 Georgia Code 20-8-1 | Car Wreck Lawyer

TITLE 20 EDUCATION

Section 8. Campus Policemen, 20-8-1 through 20-8-7.

ARTICLE 2 COMPACT FOR EDUCATION

20-8-1. Definitions.

As used in this chapter, the term:

  1. "Campus" means the grounds and buildings owned or occupied by a college or university or the grounds and buildings of a school or training facility operated by or under the authority of the State Board of Education. The term "campus" shall also include any public or private property within 500 yards of the property of an educational facility and one-quarter mile of any public street or public sidewalk connecting different buildings of the same educational facility when the property or buildings of the educational facility are located within any county in this state having a population of 400,000 or more according to the United States decennial census of 1970 or any future such census.
  2. "Campus policeman" means an employee of an educational facility whose duties include the enforcement of the laws of this state; the preservation of public order; the protection of life and property; the prevention, detection, or investigation of crime; or any combination thereof.
  3. "College or university" means an accredited, nonproprietary, public or private educational institution of higher learning located in this state.
  4. "Educational facility" means a college or university or a school or training facility operated by or under the authority of the State Board of Education.

(Ga. L. 1977, p. 1160, § 1; Ga. L. 1979, p. 1323, § 1; Ga. L. 1981, p. 806, § 1; Ga. L. 1984, p. 596, § 1.)

JUDICIAL DECISIONS

Records of private university's police force not subject to public records acts.

- Records of a campus police force of a private university were not subject to disclosure under the Open Records Act, O.C.G.A. § 50-18-70 et seq., as the university was a private institution that did not receive any funding from the state, the campus police were employees of that entity pursuant to the authority of O.C.G.A. § 20-8-2, and the fact that the police performed a public function did not make their records into public records; the fact that the campus police were given authority to perform certain functions by the Campus Policemen Act, O.C.G.A. § 20-8-1 et seq., and the Georgia Peace Officer Standards and Training Act, O.C.G.A. § 35-8-1 et seq., did not make them officers or employees of a public office or agency for purposes of the Open Records Act. The Corp. of Mercer Univ. v. Barrett & Farahany, L.L.P., 271 Ga. App. 501, 610 S.E.2d 138 (2005).

Campus police authority.

- Trial court erred in granting the defendant's motion to suppress the fruits of a traffic stop, which arose when the defendant's vehicle was observed by a campus police officer to be weaving, the officer followed the defendant's vehicle off campus, and then a stop and arrest was effected as it was unclear whether the officer was following the defendant in hot pursuit at the time of the stop and arrest; the campus police officer had authority under O.C.G.A. § 20-8-1 et seq., to follow the defendant off-campus and beyond the officer's jurisdiction, if the officer was in hot pursuit, based on the officer's articulable suspicion that a criminal offense had been committed as it was clear from a review of the statutory language of O.C.G.A. § 20-8-1 et seq. that the statute applied to campus officers. State v. Durr, 274 Ga. App. 438, 618 S.E.2d 117 (2005).

Officer with college police had no right to appear before grand jury.

- Trial court did not err in finding that the defendant, who was an officer with a college police department, was not entitled to be present and make a statement pursuant to O.C.G.A. §§ 17-7-52(a) and45-11-4 when the defendant's case was presented to the grand jury because the indictment did not allege that the crimes occurred while the defendant was performing the defendant's duties; the defendant was not on campus as defined by O.C.G.A. § 20-8-1(1), and the record did not show that the defendant's official duties as a campus police officer included the commission of the acts at issue, while the defendant was off duty and engaged in leisure activities outside of the defendant's jurisdiction. Worthy v. State, 307 Ga. App. 297, 704 S.E.2d 808 (2010).

College campus police officers did not qualify for immunity.

- Campus police officers employed by a private college did not qualify as a state officer or employee who may assert immunity from tort suits under the Georgia Tort Claims Act, O.C.G.A. § 50-21-20 et seq., because the officers were not acting for any state government entity when the officers committed the alleged torts. Hartley v. Agnes Scott College, 295 Ga. 458, 759 S.E.2d 857 (2014).

Cited in Tabor v. State, 203 Ga. App. 60, 416 S.E.2d 138 (1992).

OPINIONS OF THE ATTORNEY GENERAL

Application to private colleges and universities.

- Ga. L. 1977, p. 1160 does apply to private colleges and universities, but only when the college or university desires to authorize their campus police officers to exercise law enforcement powers including the power to arrest. In that case, the law requires that the campus police officer be certified by the Georgia Peace Officer Standards and Training Council. 1980 Op. Att'y Gen. No. U80-17.

Application to school security personnel employed by public board of education.

- School security personnel employed by the board of education of a county or an independent board of education of a municipality for the various public schools, who are authorized by those boards to have law enforcement powers, are not campus police pursuant to paragraph (2) of O.C.G.A. § 20-8-1. 1989 Op. Att'y Gen. 89-29.

Inapplicable to university system officers.

- O.C.G.A. Ch. 8, T. 20 has no application to campus police officers and security officers of the university system. 1990 Op. Att'y Gen. No. 90-11.

Cases Citing Georgia Code 20-8-1 From Courtlistener.com

Total Results: 1

Hartley v. Agnes Scott College

Court: Supreme Court of Georgia | Date Filed: 2014-06-16

Citation: 295 Ga. 458, 759 S.E.2d 857, 2014 Fulton County D. Rep. 1513, 2014 WL 2695526, 2014 Ga. LEXIS 502

Snippet: Policemen Act originally enacted in 1977. See OCGA §§ 20-8-1 to 20-8-7. That law defines a “campus policeman”