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2018 Georgia Code 35-8-9 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 35-8-9 Case Law from Google Scholar Amendments to OCGA 35-8-9

TITLE 35 LAW ENFORCEMENT OFFICERS AND AGENCIES

Section 8. Employment and Training of Peace Officers, 35-8-1 through 35-8-27.

ARTICLE 9 GEORGIA INFORMATION SHARING AND ANALYSIS CENTER

35-8-9. Completion of basic training course required; acceptance of other instruction; effect of failure to complete basic training requirements; limitation.

  1. 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.
  2. 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.
  3. 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.
  4. A municipal correctional institution covered under the provisions of subparagraph (C) of paragraph (7) and subparagraph (C) of paragraph (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.

(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.)

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 (see O.C.G.A. Ch. 8, T. 35).

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.

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