O.C.G.A.

O.C.G.A. § 35-8-9 (2019)

Completion of basic training course required; acceptance of other instruction; effect of failure to complete basic training requirements; limitation

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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(a) In addition to complying with the preemployment standards as set forth in Code Section 35-8-8, each and every candidate shall satisfactorily complete a basic training course prior to his or her appointment as a peace officer. (b) The council shall have the authority to recognize instruction received by a candidate if, in the determination of the council, such instruction is at least equivalent to that required by this chapter. If such instruction is recognized, then it shall be in lieu of part or parts of the minimum hours of instruction required for certification by this chapter. (c) Should any candidate fail to complete successfully the basic training requirements specified in this Code section, he or she shall not perform any of the duties of a peace officer involving the power of arrest until such training shall have been successfully completed. (d) A municipal correctional institution covered under the provisions of subparagraph (C) of paragraph (7) and subparagraph (C) of para232

graph (8) of Code Section 35-8-2 shall not be permitted to have more than ten correctional officers in any 12 month period take the basic training course necessary to become a certified peace officer.

History

Ga. L. 1970, p. 208, § 9; Ga. L. 1975, p. 1165, § 6; Ga. L. 1992, p. 1004,

§ 1; Ga. L. 1994, p. 1355, § 1; Ga. L. 1997, p. 1488, § 4A.

Annotations

JUDICIAL DECISIONS Reimbursement by police officer for training. - It is not against public policy for a police officer to agree to reimburse an employer, a city, for a portion of the cost of training the officer if the officer voluntarily terminates employment with the city within 12 months of graduation from the training program. City of

Pembroke v. Hagin, 194 Ga. App. 642, 391 S.E.2d 465 (1990). Cited in Douglas v. State, 145 Ga. App. 42, 243 S.E.2d 298 (1978); Davis v. State, 164 Ga. App. 312, 295 S.E.2d 131 (1982); Harvey v. State, 165 Ga. App. 7, 299 S.E.2d 61 (1983); Dechant v. State, 294 Ga. App. 23, 668 S.E.2d 501 (2008).

OPINIONS OF THE ATTORNEY GENERAL Educational and medical prerequisites apply to all law enforcement officers certified by the council; the council may not certify officers who do not meet the certification requirements specified in this chapter. 1970 Op. Att’y Gen. No. 70-209.

Mandatory licensing requirements of O.C.G.A. §§ 16-11-126 through 16-11-129 apply to peace officer candidates. 1996 Op. Att’y Gen. No. 96-22.

RESEARCH REFERENCES Am. Jur. 2d. - 63C Am. Jur. 2d, Public Officers and Employees, §§ 48 et seq., 70. 70 Am. Jur. 2d, Sheriffs, Police, and Constables, § 7 et seq.

C.J.S. - 63 C.J.S., Municipal Corporations, § 624 et seq. 67 C.J.S., Officers and Public Employees, §§ 22, 26 et seq.

Notes of Decisions

Cited in 5 cases, 1983–2008 · leading case: Williams v. State, 321 S.E.2d 386 (Ga. Ct. App. 1984).

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Williams v. State, 321 S.E.2d 386 (Ga. Ct. App. 1984). · cites it 20× “At the time of appellants' arrests, Agent Markonni had not complied with the technical requirement of OCGA § 35-8-9 (a): completion of a certified basic training course for peace officers.”

Dechant v. State, 668 S.E.2d 501 (Ga. Ct. App. 2008). · cites it 4× “Dechant contends that the State failed to establish that the arresting officer satisfactorily completed a basic training course prior to his appointment as a police officer as required by OCGA § 35-8-9 (c). The requirement that a peace officer complete a basic training course is…”

Harvey v. State, 299 S.E.2d 61 (Ga. Ct. App. 1983). · cites it 4× “§ 92A-2109 (now OCGA § 35-8-9). Thus, argue appellants, under the provisions of Code Ann.”

City of Pembroke v. Hagin, 391 S.E.2d 465 (Ga. Ct. App. 1990). · cites it 4× “See OCGA § 35-8-9 (a). In order to fulfill this requirement, the City of Pembroke sent officer Hagin to the Police Officer’s Service Training Academy during January and February 1987.”

City of Roswell v. Davis, 335 S.E.2d 582 (Ga. 1985). · cites it 2× “See OCGA § 35-8-9 (a). At the trial, Davis testified that when he was stopped he was driving safely and had not violated any traffic laws.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.