2018 Georgia Code Annotated

TITLE 35 LAW ENFORCEMENT OFFICERS AND AGENCIES

Chap.

• 1. General Provisions, 35-1-1 through 35-1-22.
• 2. Department of Public Safety, 35-2-1 through 35-2-164.
• 3. Georgia Bureau of Investigation, 35-3-1 through 35-3-204.
• 4. Georgia Police Academy, 35-4-1 through 35-4-9.
• 5. Georgia Public Safety Training Center, 35-5-1 through 35-5-7.
• 6. State Victim Services Commission, 35-6-1 through 35-6-4.
• 6A. Criminal Justice Coordinating Council, 35-6A-1 through 35-6A-14.
• 7. Organized Crime Prevention Council, 35-7-1 through 35-7-5. [Repealed], 35-7-1 through 35-7-5.
• 8. Employment and Training of Peace Officers, 35-8-1 through 35-8-27.
• 9. Special Policemen, 35-9-1 through 35-9-15.
• 10. Municipal and County Police Departments' Nomenclature, 35-10-1 through 35-10-11.

Chapter 1. General Provisions, 35-1-1 through 35-1-22.

• 35-1-1. Definitions.
• 35-1-2. Examination of sexual assault victims; reports.
• 35-1-3. Subsistence allowance for law enforcement officers.
• 35-1-4. Requirements for reporting stolen motor vehicles and license plates; notice to owner upon recovery; rules and regulations; failure of law enforcement officer to report; effect on Georgia Crime Information Center.
• 35-1-5. Unauthorized use of wavelength of radio system adopted by department or Georgia Bureau of Investigation.
• 35-1-6. Appointment of nonuniformed investigators; salaries; status; assignment; powers.
• 35-1-7. Liability of law enforcement officers performing duties at the scene of an emergency.
• 35-1-8. Acquisition, collection, classification, and preservation of information assisting in identifying deceased persons and locating missing persons.
• 35-1-9. Utilization of alarm verification required.
• 35-1-10. Training in investigation of family violence incidents.
• 35-1-11. Police volunteers for traffic control.
• 35-1-12. Chief of police or law enforcement head; exception.
• 35-1-13. Completion and transmission of reports from victims of identity fraud.
• 35-1-14. Written policies for emergency pursuits.
• 35-1-15. Fresh pursuit by law enforcement officers; authority and responsibilities of officers; applicability.
• 35-1-16. Training law enforcement officers investigating crimes involving trafficking persons for labor or sexual servitude.
• 35-1-17. Local law enforcement agencies to enter into agreements with federal agencies for the enforcement of immigration laws.
• 35-1-18. Prohibition on minimum waiting periods for initiating missing person report.
• 35-1-19. Disclosure of arrest booking photographs prohibited.
• 35-1-20. Retention of weapons by officers following employment.
• 35-1-21. Development of guidelines and procedures for training in identifying domestic terrorism and reporting information to Georgia Information Sharing and Analysis Center.
• 35-1-22. Prohibition on law enforcement retaining license plate data obtained from automated license plate recognition systems; limited use of data; public disclosure prohibited.

Chapter 2. Department of Public Safety, 35-2-1 through 35-2-164.

Article 1 General Provisions.

• 35-2-1. Creation of Board of Public Safety; composition; appointment and terms of office of members.
• 35-2-2. Creation of Department of Public Safety.
• 35-2-3. Commissioner of public safety-Creation; appointment and removal; powers and duties; rules and regulations.
• 35-2-4. Commissioner of public safety - Membership in Uniform Division; reversion to original rank upon removal without prejudice from office.
• 35-2-5. Commissioner of public safety - Rank in Uniform Division; chief officer.
• 35-2-6. Employment of temporary expert assistance.
• 35-2-7. Deputy commissioner of public safety - Appointment; term of office; rank; membership in Uniform Division; duties; oath.
• 35-2-8. Comptroller - Appointment; membership in Uniform Division prohibited; bond.
• 35-2-9. Payment of medical and other similar expenses of members of Georgia State Patrol injured in line of duty; procedure.
• 35-2-10. Awards to employees for outstanding service, heroism, or other exemplary acts; maximum amount of award; promulgation of rules and regulations for granting awards.
• 35-2-11. Commissioner authorized to provide and equip lecturers for lectures and demonstrations in public schools.
• 35-2-12. Contribution to political campaigns by employees of department.
• 35-2-13. Headquarters for commissioner and deputy commissioner of public safety and divisions.
• 35-2-14. "Peace officer" defined; enforcement of immigration and custom laws.
• 35-2-15. Off-duty use of motor vehicles and other equipment by certain law enforcement officers; conditions for use; rules and regulations.

Article 2 Georgia State Patrol.

• 35-2-30. Creation and designation.
• 35-2-31. Composition.
• 35-2-32. Jurisdiction; primary duty; patrolling of safety rest areas and welcome centers.
• 35-2-33. Additional duties.
• 35-2-34. Composition of headquarters staff.
• 35-2-35. Performance of clerical duties by headquarters staff; transfer of members of headquarters staff by commissioner.
• 35-2-36. Composition of battalion; rank of battalion personnel; employment of recruits or cadets by commissioner; promulgation of rules and regulations as to enlistment and training of recruits or cadets.
• 35-2-36.1. Auxiliary Service of the Uniform Division; appointment of members; salary; authority and powers; equipment; eligibility.
• 35-2-37. Employment of communications officers to support battalion generally.
• 35-2-38. Division of state into districts or divisions by commissioner.
• 35-2-39. Provision of barracks and quarters for officers and troopers of Uniform Division.
• 35-2-40. Purchase, lease, or construction of barracks and equipment for districts or divisions; acceptance of property, equipment, or services.
• 35-2-41. Municipality and county purchase or conveyance of property for use as division or district headquarters; effect if property has reversionary clause; approval of contracts.
• 35-2-41.1. Donation or conveyance of property, equipment, or services to the department; procedure.
• 35-2-42. Compensation of members of Uniform Division, communications officers, recruits, and cadets; subsistence and per diem allowances; receipt of badge and duty weapon upon retirement; incentive pay.
• 35-2-43. Eligibility for appointment to or enlistment in Uniform Division; appointment or reappointment of discharged members of National Guard, armed forces of the United States, and law enforcement agencies [Repealed].
• 35-2-44. Enlistment, examination, preliminary training, subsequent instruction, and rules and regulations for discipline and conduct of recruits and troopers of Uniform Division.
• 35-2-45. Promotions of personnel in Uniform Division.
• 35-2-46. Dismissal of officers, troopers, and communications officers.
• 35-2-47. Suspension pending dismissal.
• 35-2-48. State Patrol Disciplinary Board; composition; appointment and terms of members; conduct of hearings by board; recommendation to commissioner; finality of commissioner's decision [Repealed].
• 35-2-49. Provision of uniforms and equipment to sworn members of the Department of Public Safety and radio operators; retention of weapons and badges upon retirement.
• 35-2-49.1. Retention of badge and weapon by disabled law enforcement officer.
• 35-2-50. Purchasing of uniforms, supplies, and equipment.
• 35-2-51. Storeroom for excess clothing, equipment, and other articles; disposition of old and worn equipment.
• 35-2-52. Clothing allowance for members of Uniform Division assigned permanently to personal security or special duty assignments.
• 35-2-53. Members of Uniform Division to receive no costs or emoluments; exception for rewards; payment and distribution of fines and costs.
• 35-2-54. Purchase of group insurance.
• 35-2-55. Compensatory time off for members of Uniform Division working on state holiday.
• 35-2-56. Use of motor vehicles or other equipment by members of Uniform Division [Repealed].
• 35-2-57. Use of retired unmarked pursuit cars for training.
• 35-2-58. Approval by board to sell or trade surplus motor vehicles towards purchase of new motor vehicles.

Article 3 Security Guard Division.

• 35-2-70. Establishment.
• 35-2-71. Powers and duties of security guards.
• 35-2-72. Compensation, uniforms, and equipment of security guards.
• 35-2-73. Security guards for protection of Governor, Lieutenant Governor, Speaker of the House, and their families and executive department; transportation of family members at state expense.
• 35-2-74. Governor to prescribe coverage by State Personnel Board.
• 35-2-75. Adoption of rules, regulations, and orders by board.

Article 4 Department of Public Safety Nomenclature.

• 35-2-80. Short title.
• 35-2-81. Definitions.
• 35-2-82. Permission required for use of department nomenclature.
• 35-2-83. Permission required for use of department symbols.
• 35-2-84. Procedure for seeking permission to use department nomenclature or symbols.
• 35-2-85. Injunctions against violations.
• 35-2-86. Civil penalties.
• 35-2-87. Damage suits against violators.
• 35-2-88. Criminal penalties.

Article 5 Motor Carrier Compliance Division.

• 35-2-100. Creation; members designated as law enforcement officers.
• 35-2-101. Jurisdiction; duties and powers; use of dogs to detect controlled substances.
• 35-2-102. Weight inspector positions; training; powers and responsibilities; limits on responsibilities.

Article 6 Capitol Police Division.

• 35-2-120. Definitions.
• 35-2-121. Establishment of Capitol Police Division; staffing.
• 35-2-122. Jurisdiction; duties; power.
• 35-2-123. Use of vehicles by off-duty law enforcement officer [Repealed].
• 35-2-124. Reimbursement to the department for costs.

Article 7 State Aviation Operations.

• 35-2-140. Transfer of certain personnel, aircraft, and other assets from the Georgia Aviation Authority to the Department of Public Safety.

Article 8 Office of Public Safety Officer Support.

• 35-2-160. (For effective date, see note.) Definitions.
• 35-2-161. (For effective date, see note.) Office of Public Safety Officer Support established.
• 35-2-162. (For effective date, see note.) Support coordinator.
• 35-2-163. (For effective date, see note.) Peer counseling and critical incident support services; certification; employment of necessary staff.
• 35-2-164. (For effective date, see note.) Provision and designation of office space, personnel, supplies, and materials; policies and procedures.

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

Article 1 General Provisions.

• 35-3-1. Definitions.
• 35-3-2. Creation.
• 35-3-3. Divisions of bureau.
• 35-3-4. Powers and duties of bureau generally.
• 35-3-4.1. Subpoena for production of electronic communication service records for computer or electronic device used in furtherance of certain offenses against minors.
• 35-3-4.2. Subpoena authority for investigating fraudulent real estate transactions.
• 35-3-4.3. Subpoena power for investigations of violations involving trafficking of persons for labor or sexual servitude.
• 35-3-4.4. Issuance of a subpoena; failure to comply.
• 35-3-5. Director - Creation; appointment and removal; powers and duties.
• 35-3-6. Director - Unclassified service; compensation.
• 35-3-7. Agreements by director and commissioner for provision of services and material.
• 35-3-8. Powers of agents of bureau generally.
• 35-3-8.1. Power of bureau to assist other law enforcement agencies.
• 35-3-9. Narcotics agents.
• 35-3-9.1. Special Cocaine Task Force [Repealed].
• 35-3-9.2. Mobile cocaine education van [Repealed].
• 35-3-10. Participation by bureau personnel and director in Employees' Retirement System of Georgia.
• 35-3-11. Applicability of merit system to agents of bureau; retention of badge and weapon by disabled agent.
• 35-3-12. Payment of medical and similar expenses of members injured in line of duty; procedure.
• 35-3-13. Requests for investigation of criminal matters and crime related fires; access to local services and records.
• 35-3-14. Bureau to publicly post and share on website certain information from Law Enforcement Notification System of United States Department of Homeland Security.
• 35-3-15 and 35-3-16 [Repealed].

Article 2 Georgia Crime Information Center.

• 35-3-30. Definitions.
• 35-3-31. Establishment of center; staff and equipment generally; State Personnel Board status of personnel.
• 35-3-32. Establishment of council; composition; duties and responsibilities of council generally.
• 35-3-33. Powers and duties of center generally.
• 35-3-34. Disclosure and dissemination of criminal records to private persons and businesses; resulting responsibility and liability of issuing center; provision of certain information to the FBI in conjunction with the National Instant Criminal Background Check System.
• 35-3-34.1. Circumstances when exonerated first offender's criminal record may be disclosed.
• 35-3-34.2. Exchange of national criminal history background checks on providers of care to children, the elderly, and persons with disabilities.
• 35-3-35. Disclosure and dissemination of records to public agencies and political subdivisions; responsibility and liability of issuing center.
• 35-3-35.1. Superseded.
• 35-3-36. Duties of state criminal justice agencies as to submission of fingerprints, photographs, and other identifying data to center; responsibility for accuracy.
• 35-3-37. Review of individual's criminal history record information; definitions; privacy considerations; written application requesting review; inspection.
• 35-3-38. Unauthorized requests or disclosures of criminal history record information; disclosure of techniques used to ensure security or privacy of criminal history records.
• 35-3-39. Effect of neglect or refusal of official to act as required by article.
• 35-3-39.1. National Crime Prevention and Privacy Compact; ratification; criminal history records repository.
• 35-3-40. Construction of article.

Article 3 Antiterrorism Task Force.

• 35-3-60. Short title.
• 35-3-61. Legislative findings; purpose; liberal construction.
• 35-3-62. "Terroristic act" defined.
• 35-3-63. Creation of task force; purposes.
• 35-3-64. Confidentiality of investigative reports and identity of agents.
• 35-3-65. Authority to work with other law enforcement agencies.

Article 4 Missing Children Information Center.

• 35-3-80. Definitions.
• 35-3-81. Establishment, development, maintenance, and operation of center; staff.
• 35-3-82. Powers and duties.
• 35-3-83. Missing child reports.
• 35-3-84. Sending information to center.
• 35-3-85. Registration of related organizations.

Article 5 Georgia Bureau of Investigation Nomenclature.

• 35-3-100. Short title.
• 35-3-101. Definitions.
• 35-3-102. Permission required for use of bureau nomenclature.
• 35-3-103. Permission required for use of bureau symbols.
• 35-3-104. Procedures for seeking permission to use bureau nomenclature or symbols.
• 35-3-105. Injunction against violations.
• 35-3-106. Civil penalties.
• 35-3-107. Damage suits against violators.
• 35-3-108. Criminal penalties.

Article 6 Division of Forensic Sciences.

• 35-3-150. Definitions.
• 35-3-151. Responsibilities.
• 35-3-152. Appointment, powers, and responsibilities of division director.
• 35-3-153. Chief medical examiner office created; appointment; responsibilities.
• 35-3-154. Division requirements.
• 35-3-154.1. Admission of reports from state crime laboratory.
• 35-3-155. Application of Administrative Procedure Act.

Article 6A DNA Sampling, Collection, and Analysis.

• 35-3-160. DNA analysis upon conviction of certain sex offenses.
• 35-3-161. Time and procedure for withdrawal of blood samples.
• 35-3-162. Procedure for analysis and storage of blood sample; use of remainder of sample not subjected to analysis; confidentiality of results.
• 35-3-163. Dissemination of information in data bank to law enforcement officials; comparison of profile; request for search; separate statistical data base authorized; fee for search and comparative analysis.
• 35-3-164. Unlawful dissemination or use of information; obtaining sample without authority.
• 35-3-165. Expungement of profile in data bank upon reversal and dismissal of conviction.

Article 7 State-Wide Alert System for Missing Disabled Adults.

• 35-3-170. Short title.
• 35-3-171. Definitions.
• 35-3-172. Development and implementation of state-wide alert system for disabled adults and medically endangered persons.
• 35-3-173. Director to be state-wide coordinator for alert system.
• 35-3-174. Time for reporting elopement of disabled person from personal care home and assisted living community.
• 35-3-175. Recruitment of media, private and governmental entities, and others for assistance in developing and implementing alert system; contractual agreements for system support.
• 35-3-176. Criteria for activating alert system.
• 35-3-177. Verification that criteria for activation have been met.
• 35-3-178. Obligations of agencies participating in alert system; participation of Georgia Lottery Corporation in disseminating alert information through retail establishments.
• 35-3-179. Termination of alert system with respect to particular disabled adult or medically endangered person.
• 35-3-180. Immunity from civil damages for dissemination of alert information.

Article 8 Alert Systems for Unapprehended Suspects.

• 35-3-190. State-wide alert system for unapprehended murder or rape suspects determined to be serious public threats.
• 35-3-191. State-wide alert system for suspects of crimes involving death or serious injury of peace officer; alert system for missing peace officer.

Article 9 Georgia Information Sharing and Analysis Center.

• 35-3-200. Definitions.
• 35-3-201. Georgia Information Sharing and Analysis Center established; purpose.
• 35-3-202. Responsibilities of director for center operations.
• 35-3-203. Cooperative activities of center.
• 35-3-204. Membership; availability of analysts.

• General Consideration
• Fingerprintable Offenses Illustrated
• Disclosure

Chapter 4. Georgia Police Academy, 35-4-1 through 35-4-9.

• 35-4-1. Short title.
• 35-4-2. Definitions.
• 35-4-3. Academy assigned to department for administrative purposes.
• 35-4-4. Powers and duties of board as to establishment, operation, and maintenance of academy generally.
• 35-4-5. Acceptance of gifts, grants, donations, property, and services by board.
• 35-4-6. Selection, powers, and duties of superintendent of academy.
• 35-4-7. Academy training programs available to police and other persons; fees and enrollment at academy; state, municipalities, and counties authorized to pay academy fees.
• 35-4-8. Training program for coroners and deputy coroners.
• 35-4-9. Attendance not required; academy training programs not to supersede other programs.

Chapter 5. Georgia Public Safety Training Center, 35-5-1 through 35-5-7.

• 35-5-1. Short title.
• 35-5-2. Board authorized to establish, operate, and maintain center; powers of board as to selection and compensation of administrator.
• 35-5-3. Assignment to Department of Public Safety for administrative purposes; authorization to solicit and accept gifts, grants, donations, property, and services.
• 35-5-4. Powers and duties of administrator.
• 35-5-5. Center available for use by certain personnel; fees; enrollment; authorization for expenditure of funds; powers and duties.
• 35-5-6. Effect of chapter on powers of Board of Corrections, State Board of Pardons and Paroles, and Technical College System of Georgia.
• 35-5-7. Security police force.

Chapter 6. State Victim Services Commission, 35-6-1 through 35-6-4.

• 35-6-1. Creation and responsibility.
• 35-6-2. Membership of commission; terms of members; procedure.
• 35-6-3. Powers and duties of commission; ombudsman program.
• 35-6-4. Responsibility of state auditor; inspection of documentation.

• 35-6A-1. Legislative intent.
• 35-6A-2. Creation; assignment to Georgia Bureau of Investigation; definitions.
• 35-6A-3. Membership; vacancies; membership not bar to holding public office.
• 35-6A-4. Election of chairperson and vice chairperson; meetings; minutes and records; rules.
• 35-6A-5. Compensation and expense allowance for members.
• 35-6A-6. Appointment of director; power and duties.
• 35-6A-7. Functions and authority of council.
• 35-6A-8. Limitations on authority of council.
• 35-6A-9. Preparation of budget requests; appropriations; gifts, grants, and donations of property and services.
• 35-6A-10. Incentives for using federal Department of Homeland Security's Secure Communities initiative; obligations of council.
• 35-6A-11. Advisory board created; membership.
• 35-6A-12. Role of the advisory board.
• 35-6A-13. Criminal Case Data Exchange Board; membership; operation.
• 35-6A-14. Role of board; public access.

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

• 35-8-1. Short title.
• 35-8-2. Definitions.
• 35-8-3. Establishment of Georgia Peace Officer Standards and Training Council; membership; organization; administrative assignment to Department of Public Safety.
• 35-8-4. Officers of council; quorum; minutes of meetings and records; reports to Governor and General Assembly.
• 35-8-5. Compensation of members of council.
• 35-8-6. Appointment of executive director of council; contracts for services; personnel; investigators; subpoenas; funding; gifts, grants, or donations.
• 35-8-7. Powers and duties of council generally.
• 35-8-7.1. Authority of council to refuse certificate to applicant or to discipline council certified officer or exempt officer; grounds; restoration of certificate; emergency suspension of certification; notice of investigation.
• 35-8-7.2. Administrative procedure; hearings; review.
• 35-8-8. Requirements for appointment or certification of persons as peace officers and preemployment attendance at basic training course; "employment related information" defined.
• 35-8-9. Completion of basic training course required; acceptance of other instruction; effect of failure to complete basic training requirements; limitation.
• 35-8-10. Applicability and effect of certification requirements generally; requirements as to exempt persons.
• 35-8-11. Basic course to be completed at schools certified by council.
• 35-8-12. Certification to use speed detection devices; withdrawal or suspension of certificate.
• 35-8-13. Training and certification of police chaplains [Repealed].
• 35-8-13.1. Training and certification of municipal probation officers.
• 35-8-14. Board of Corrections and State Board of Pardons and Paroles to establish training program for employees authorized to make arrests [Repealed].
• 35-8-15. Preparation and maintenance of employment records by law enforcement units and council; release of records.
• 35-8-16. Effect of standards and training requirements provided in chapter; adoption of additional requirements by law enforcement units.
• 35-8-17. Effect of peace officer's failure to comply with chapter generally; civil actions against noncomplying peace officers and law enforcement units.
• 35-8-18. Applicability of chapter to emergency peace officers.
• 35-8-19. Appointment of citizen of adjoining state as peace officer.
• 35-8-20. Training requirements for police chiefs, department heads, and wardens; effect of failure to fulfill training requirement; waiver of requirements.
• 35-8-20.1. Training for police chiefs and department heads appointed after June 30, 1999; waivers.
• 35-8-21. Training requirements for peace officers; waiver; exemption for retired peace officers; confirmation of training.
• 35-8-22. Reimbursement of training expenses by subsequent employer of peace officer; collection procedure; required documentation.
• 35-8-23. (For effective date, see note.) Basic training course for communications officers; certification requirements; duties of council; rules and regulations.
• 35-8-24. Training requirements for jail officers and juvenile correctional officers.
• 35-8-25. Training and certification of bomb technicians, explosive ordnance disposal technicians, and animal handlers; intergovernmental assistance agreements.
• 35-8-26. (For effective date, see note.) TASER and electronic control weapons; requirements for use; establishment of policies; training.
• 35-8-27. Training requirements for school resource officers.

Chapter 9. Special Policemen, 35-9-1 through 35-9-15.

• 35-9-1. Definitions.
• 35-9-2. Appointment of special policemen upon application of Governor or subdivision of another state.
• 35-9-3. Form and content of application for appointment.
• 35-9-4. Qualifications for appointment.
• 35-9-5. Issuance of certificate of appointment; effect of certificate.
• 35-9-6. Oath of office.
• 35-9-7. Compensation.
• 35-9-8. Status as employee of state.
• 35-9-9. Powers and duties generally; wearing of special badge; reporting of change of address.
• 35-9-10. Special policemen subject to rules and regulations of appointing authority.
• 35-9-11. Termination and revocation of appointment.
• 35-9-12. Immunity of state from liability for acts or omissions.
• 35-9-13. Governor authorized to apply to other states for appointment of special policemen; liability for compensation; effect of proceedings upon provision of normal police protection by other state.
• 35-9-14. Exercise of powers by person knowing of revocation of appointment; effect of filing and mailing of notice of revocation of appointment.
• 35-9-15. Appointment of law enforcement officer of United States or any state as officer of this state.

Chapter 10. Municipal and County Police Departments' Nomenclature, 35-10-1 through 35-10-11.

• 35-10-1. Short title.
• 35-10-2. Declaration of public purpose.
• 35-10-3. Definitions.
• 35-10-4. Prohibition against use of nomenclature pertaining to particular police department in connection with solicitation, advertisement, publication, or production.
• 35-10-5. Prohibition against use of symbols pertaining to particular police department in connection with solicitation, advertisement, publication, or production.
• 35-10-6. Procedure for obtaining permission to use nomenclature or symbols; discretion of local governing body.
• 35-10-7. Injunctions against violations.
• 35-10-8. Criminal penalties.
• 35-10-9. Actions for civil damages.
• 35-10-10. Criminal penalties.
• 35-10-11. Name required on vehicles used to enforce traffic laws.