O.C.G.A. § 35-8-23 (2019)

Annotations

Cross references. - Basic training courses for sheriffs, § 15-16-3. Campus policemen generally, § 20-3-72 and T. 20, C. 8. Conservation rangers and deputy conservation rangers, § 27-1-16 et seq. Furnishing a copy of psychological or psychiatric evaluation to law enforcement officer upon request, § 31-33-7. Appointment and powers of county police, T. 36, C. 8. Powers and duties of investigators for state examining boards and office of joint-secretary, § 43-1-5. Editor’s notes. - By resolution (Ga. L. 1986, p. 1204), the General Assembly urged certain public organizations and state agencies to develop programs for the education and training of social services and criminal justice professionals in the areas of child abuse, sexual abuse, and sexual exploitation.

Administrative rules and regulations. - Regulations governing the Georgia Peace Officer Standards and Training Council, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Peace Officer Standards and Training Council, Chapter 464-1 et seq.

Law reviews. - For article, ‘‘Sympo-

Sec.

(For effective date, see note.) TASER and electronic control weapons; requirements for use; establishment of policies; training. Training requirements for school resource officers.

sium Protect and Serve: Perspectives on 21st Century Policing January 20, 2017: State Labor Law and Federal Police Reform,’’ see 51 Ga. L. Rev. 1209 (2017). For article, ‘‘Symposium Protect and Serve: Perspectives on 21st Century Policing January 20, 2017: Youth/Police Encounters on Chicago’s South Side: Acknowledging the Realities,’’ see 51 Ga. L. Rev. 1079 (2017). For article, ‘‘Symposium Protect and Serve: Perspectives on 21st Century Policing January 20, 2017: Commodifying Policing: A Recipe for Community-Police Tensions,’’ see 51 Ga. L. Rev. 1047 (2017). For article, ‘‘Symposium Protect and Serve: Perspectives on 21st Century Policing January 20, 2017: The Problematic Prosecution of an Asian American Police Officer: Notes: From a Participant in People v. Peter Liang,’’ see 51 Ga. L. Rev. 1023 (2017). For article, ‘‘Symposium Protect and Serve: Perspectives on 21st Century Policing January 20, 2017: Keynote Address,’’ see 51 Ga. L. Rev. 981 (2017). For article, ‘‘Missing Police Body Camera Videos: Remedies, Evidentiary Fairness, and Automatic Activation,’’ see 52 Ga. L. Rev. 57 (2017).

JUDICIAL DECISIONS Noncompliance with conditions of Ga. L. 1970, p. 208, § 1 et seq. (see now O.C.G.A. Ch. 8, T. 35), by express terms of Ga. L. 1970, p. 208, § 15 (see now O.C.G.A. § 35-8-17), renders arrest unauthorized. The noncomplying peace officer, however, may be authorized to effect an arrest, under certain circumstances, as a

private citizen. Mason v. State, 147 Ga. App. 179, 248 S.E.2d 302 (1978). Cited in Tucker v. State, 131 Ga. App. 791, 207 S.E.2d 211 (1974); Crass v. State, 150 Ga. App. 374, 257 S.E.2d 909 (1979); Georgia Peace Officer Stds. & Training Council v. Mullis, 248 Ga. 67, 281 S.E.2d 569 (1981).

T.35, C.8 EMPLOYMENT AND TRAINING OF PEACE OFFICERS

OPINIONS OF THE ATTORNEY GENERAL Construction with indemnification law. - General Assembly did not intend for the requirements of the Peace Officer Standards and Training Act to be grafted onto the indemnification law, O.C.G.A. § 45-9-80 et seq. 1983 Op. Att’y Gen. No. 83-12. Deputy sheriff subject to chapter. - Deputy sheriff having responsibility for county jail and arrest power is subject to Ga. L. 1970, p. 208, § 1 et seq. (see now O.C.G.A. Ch. 8, T. 35); further, a person cannot be so employed without the certificate required by Ga. L. 1970, p. 208, § 13 (see now O.C.G.A. § 35-8-10). 1971 Op. Att’y Gen. No. U71-128. Person who ostensibly appears to be a law enforcement officer and who is killed while on duty, but who has not complied with the Peace Officer Standards and Training Act, is nonetheless a law enforcement officer for the purposes of state indemnification. 1983 Op. Att’y Gen. No. 83-12. Candidate for sheriff is not affected by this chapter. 1971 Op. Att’y Gen. No. U71-110. Park security officers not authorized or required to be peace officers. - Security officers of the North Georgia Mountains Authority are neither required nor authorized to become certified peace officers under this chapter. 1972 Op. Att’y Gen. No. 72-27 (see O.C.G.A. Ch. 8, T. 35; see also 1990 Op. Att’y Gen. 90-11). State education board’s security guards not ‘‘peace officers’’. - Since the State Board of Education cannot cloak the security guards it employs with a peace officer’s power to make arrests, its security guards are not ‘‘peace officers’’

within the meaning of this chapter. 1978 Op. Att’y Gen. No. 78-3. Campus policemen and other security personnel of University System institutions vested with the power to make arrests under O.C.G.A. § 20-3-72 are subject to the mandatory training requirements of O.C.G.A. Ch. 8, T. 35 and are consequently covered by the random drug testing provisions of O.C.G.A. § 45-20-90 et seq. 1990 Op. Att’y Gen. No. 90-11. Use of same guards in both county correctional camps and county jails. - It is permissible under state law and the rules and regulations of the Department of Offender Rehabilitation (now Corrections) for same guards to be used to supervise inmates in both county correctional camps and county jails; however, certain practical considerations must be made concerning oaths, bonds, and this chapter. 1981 Op. Att’y Gen. No. U81-21. Felony conviction disqualifying applicant not eliminated by pardon. - Pardon by the Board of Pardons and Paroles that relieves an individual convicted of a felony from civil and political disabilities does not eliminate such a conviction as one which would disqualify an applicant under this chapter. 1976 Op. Att’y Gen. No. 76-9. Investigators employed by solicitor’s office of juvenile court. - Investigators employed by the solicitor’s office of the juvenile court may not be authorized by the solicitor to carry weapons and may not exercise the powers of a peace officer unless the individuals are certified as peace officers pursuant to O.C.G.A. Ch. 8, T. 35. 1990 Op. Att’y Gen. No. U90-22.