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2018 Georgia Code 35-3-8.1 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 35-3-8.1 Case Law from Google Scholar Amendments to OCGA 35-3-8.1

TITLE 35 LAW ENFORCEMENT OFFICERS AND AGENCIES

Section 3. Georgia Bureau of Investigation, 35-3-1 through 35-3-204.

ARTICLE 1 GENERAL PROVISIONS

35-3-8.1. Power of bureau to assist other law enforcement agencies.

Upon request of the governing authority or chief law enforcement officer of any municipality, the sheriff of any county, the chief of the county police force of any county having a population of more than 100,000 according to the United States decennial census of 1970 or any future such census, the judge of the superior court of any county of this state, or the Governor, the director, in unusual circumstances, may, and in the case of a request by the Governor, shall, direct the bureau to render assistance in any criminal case, in the prevention or detection of violations of law, or in the detection or apprehension of persons violating the criminal laws of this state, any other state, or the United States.

(Code 1981, §35-3-8.1, enacted by Ga. L. 1982, p. 3, § 35; Ga. L. 1987, p. 3, § 35.)

JUDICIAL DECISIONS

O.C.G.A. § 35-3-13 is not the exclusive list of who may request investigative assistance from the bureau. Bureau officers are peace officers with the duty to assist and cooperate in the prevention and detection of violations of the laws of this state. Owens v. State, 251 Ga. 313, 305 S.E.2d 102 (1983).

Investigation of missing person cases.

- State proved that the false statement alleged in the indictment was made in a matter within the jurisdiction of the Georgia Bureau of Investigation (GBI) because: the GBI was actively investigating a missing person case; two videos contained clues referencing a Georgia missing person and the location of a missing person's body parts in Augusta; and, the computer from which the videos were being posted was in Georgia. Therefore, the jury could reasonably infer that the other missing person cases referenced in the first video would have a Georgia connection, giving the GBI jurisdiction to investigate the cases. Haley v. State, 289 Ga. 515, 712 S.E.2d 838 (2011), cert. denied, U.S. , 133 S. Ct. 60, 183 L. Ed. 2d 711 (2012).

Cases Citing O.C.G.A. § 35-3-8.1

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Owens v. State, 305 S.E.2d 102 (Ga. 1983).

Cited 71 times | Published | Supreme Court of Georgia | Jun 30, 1983 | 251 Ga. 313

...e GBI. The law provided that any district attorney may request the assistance of the GBI for investigative assistance as well as the head of a municipal or county fire department. Former Code Ann. § 92A-302. OCGA § 35-3-13. Ga. L. 1982, p. 3, OCGA § 35-3-8.1 (Code Ann....
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Haley v. State, 712 S.E.2d 838 (Ga. 2011).

Cited 42 times | Published | Supreme Court of Georgia | Jul 8, 2011 | 289 Ga. 515, 2011 Fulton County D. Rep. 2179

...requested by other agencies. Haley claims that the GBI therefore had no "power to act upon" the false statement alleged in the indictment—the killing of 16 unidentified people. Tesler, 295 Ga.App. at 577, 672 S.E.2d 522 (punctuation omitted). OCGA § 35-3-8.1 authorizes state or local officials to request the GBI to assist local *848 agencies in the "detection or apprehension of persons violating the criminal laws of this state, any other state, or the United States." But we have not interpreted that statute to strictly limit the GBI's law enforcement authority....