O.C.G.A.

O.C.G.A. § 45-9-79.5 (2019)

Giving false information or testimony; liability to state

✓ 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) Any person who shall knowingly give false information or false testimony causing or intended to cause the payment of indemnification which would not otherwise be justified under this article shall be guilty of a misdemeanor. (b) Any such person convicted under subsection (a) of this Code section shall be liable to the state for any funds paid as a result of such false information or testimony.

History

(Code 1981, § 45-9-79.5, enacted by Ga. L. 2000, p. 768, § 2.)

Annotations

Code Commission notes. - Pursuant to Code Section 28-9-5, in 2000, Code

Section 45-9-109.5, as enacted by Ga. L. 2000, p. 768, § 2, was redesignated as Code Section 45-9-79.5.

ARTICLE 5 LAW ENFORCEMENT OFFICERS, FIREMEN, PRISON GUARDS, AND PUBLICLY EMPLOYED EMERGENCY MEDICAL TECHNICIANS Cross references. - Indemnification of law enforcement officers, firemen, prison guards, and publicly employed emergency medical technicians who are or were killed or permanently disabled in the line of duty, Ga. Const. 1983, Art. III, Sec. VI, Para. VI. Offenses of aggravated assault and aggravated battery on peace officers and correctional officers, §§ 16-5-21, 16-5-24. Educational grants to children of law enforcement officers, firemen, and prison guards killed or disabled in line of duty, § 20-3-450 et seq. Compensation of persons for injuries suffered while preventing crime or aiding

officers of the law, § 28-5-100 et seq. Workers’ compensation generally, T. 34, C. 9. Editor’s notes. - Ga. L. 2000, p. 283, § 3, designated Code Sections 45-9-80 through 45-9-91 of Article 5 as Part 1 of said Article, which became effective July 1, 2001, only upon ratification of a constitutional amendment by the voters of the state at the 2000 November general election. The constitutional amendment (Ga. L. 2000, p. 1999) was approved by a majority of the qualified voters voting at the general election held on November 7, 2000.

OPINIONS OF THE ATTORNEY GENERAL Liberal construction. - The Indemnification Law, O.C.G.A. § 45-9-80 et seq., is remedial in nature; its purpose is to confer a benefit upon survivors of those killed or permanently disabled while performing law enforcement (or other appli-

cable) duties. With such a purpose, the law should be liberally construed. 1983 Op. Att’y Gen. No. 83-12. Uniformed officers in Motor Carrier Certification and Enforcement Division. - Uniformed officers in Motor

PUBLIC OFFICERS & EMPLOYEES

Carrier Certification and Enforcement Division, Georgia Public Service Commission, are not entitled to receive indemnification pursuant to this article with respect to death occurring in line of duty. 1980 Op. Att’y Gen. No. 80-119. Effect of Officers Standards and Training Act. - The General Assembly

does not want the requirements of Police Officers Standards and Training Act (now the Georgia Peace Officer Standards and Training Act), O.C.G.A. § 35-8-1 et seq., grafted on to the Indemnification Law, O.C.G.A. § 45-9-80 et seq. 1983 Op. Att’y Gen. No. 83-12.

PART 1 GEORGIA STATE INDEMNIFICATION FUND Editor’s notes. - Ga. L. 2000, p. 283, § 3, designated Code Sections 45-9-80 through 45-9-91 of Article 5 as Part 1 of said Article, which became effective July 1, 2001, only upon ratification of a constitutional amendment by the voters of the state at the 2000 November general election. The constitutional amendment (Ga.

L. 2000, p. 1999) was approved by a majority of the qualified voters voting at the general election held on November 7, 2000. Law reviews. - For note on 2000 amendments of O.C.G.A. §§ 45-9-80 to 45-9-91, see 17 Ga. St. U.L. Rev. 270 (2000).