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2018 Georgia Code 35-1-6 | Car Wreck Lawyer

TITLE 35 LAW ENFORCEMENT OFFICERS AND AGENCIES

Section 1. General Provisions, 35-1-1 through 35-1-22.

35-1-6. Appointment of nonuniformed investigators; salaries; status; assignment; powers.

  1. The commissioner is authorized to appoint five nonuniformed investigators who shall be certified peace officers pursuant to Chapter 8 of this title, the "Georgia Peace Officer Standards and Training Act." The commissioner shall determine the salaries of such investigators. The investigators shall be in the unclassified service as defined by Code Section 45-20-2 and therefore shall not be governed by any rules of position, classification, appointment, promotion, demotion, transfer, dismissal, qualification, compensation, seniority privileges, tenure, or other such matters concerning their employment as may now or hereafter be established by the State Personnel Board or any successor boards or agencies. The investigators shall be assigned to the Internal Affairs Section of the Department of Public Safety in the office of the commissioner at the department's headquarters complex.
  2. The investigators shall have full arrest powers in cases involving internal affairs and in such cases shall be authorized:
    1. To investigate crimes committed anywhere in the state;
    2. To arrest any person violating the criminal laws of this state;
    3. To serve and execute warrants after notifying the law enforcement agency of the local jurisdiction of the intent to serve such warrant or warrants;
    4. To enforce in general the criminal laws of this state; and
    5. To carry firearms while performing their duties.

(Ga. L. 1981, p. 1450, § 2; Ga. L. 1992, p. 3131, § 1; Ga. L. 2009, p. 745, § 2/SB 97; Ga. L. 2012, p. 446, § 2-46/HB 642.)

The 2012 amendment, effective July 1, 2012, in subsection (a), in the third sentence, substituted "as defined by Code Section 45-20-2" for "of the State Personnel Administration", and deleted ", the State Personnel Administration," following "State Personnel Board".

Cross references.

- Offenses involving illegal aliens, § 16-11-200 et seq.

Determination of immigration status of suspects, § 17-5-100.

Protection of public property generally, §§ 50-16-4,50-16-14 et seq.

Secure and verifiable identity document, § 50-36-2.

Immigration enforcement review board, § 50-36-3.

Editor's notes.

- Ga. L. 2012, p. 446, § 3-1/HB 642, not codified by the General Assembly, provides that: "Personnel, equipment, and facilities that were assigned to the State Personnel Administration as of June 30, 2012, shall be transferred to the Department of Administrative Services on the effective date of this Act." This Act became effective July 1, 2012.

Ga. L. 2012, p. 446, § 3-2/HB 642, not codified by the General Assembly, provides that: "Appropriations for functions which are transferred by this Act may be transferred as provided in Code Section 45-12-90."

RESEARCH REFERENCES

Am. Jur. 2d.

- 70 Am. Jur. 2d, Sheriffs, Police, and Constables, § 34.

C.J.S.

- 67 C.J.S., Officers, § 234 et seq.

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