| 1 | 1 | | 23 LC 48 0643 |
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| 2 | 2 | | H. B. 107 |
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| 3 | 3 | | - 1 - |
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| 4 | 4 | | House Bill 107 |
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| 5 | 5 | | By: Representatives Scott of the 76 |
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| 6 | 6 | | th |
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| 7 | 7 | | , Davis of the 87 |
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| 8 | 8 | | th |
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| 9 | 9 | | , and Schofield of the 63 |
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| 10 | 10 | | rd |
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| 11 | 11 | | |
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| 12 | 12 | | A BILL TO BE ENTITLED |
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| 13 | 13 | | AN ACT |
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| 14 | 14 | | To amend Title 35 of the Official Code of Georgia Annotated, relating to law enforcement |
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| 15 | 15 | | 1 |
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| 16 | 16 | | officers and agencies, so as to require that certain procedures be followed by peace officers2 |
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| 17 | 17 | | upon and after making contact with individuals for law enforcement purposes; to provide for3 |
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| 18 | 18 | | definitions; to require all law enforcement agencies provide a body-worn camera to each4 |
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| 19 | 19 | | peace officer of the law enforcement agency; to provide requirements for the activation of5 |
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| 20 | 20 | | body-worn cameras by peace officers; to provide for exceptions; to provide for presumptive6 |
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| 21 | 21 | | inadmissibility; to provide for criminal and civil penalties; to provide for public release of7 |
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| 22 | 22 | | certain video and audio recordings captured by body-worn cameras; to provide for the8 |
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| 23 | 23 | | protection of individual privacy interest; to provide for data collection and annual public9 |
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| 24 | 24 | | reporting by the Attorney General regarding use of force, contact, and unannounced entry10 |
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| 25 | 25 | | by peace officers; to provide for the withholding of funding; to provide for civil enforcement11 |
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| 26 | 26 | | by the Attorney General for patterns or practices that deprive persons of rights, privileges,12 |
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| 27 | 27 | | or immunities secured or protected by law; to provide standards for response of peace13 |
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| 28 | 28 | | officers to protests or demonstrations; to amend Article 2 of Chapter 21 of Title 50 of the14 |
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| 29 | 29 | | Official Code of Georgia Annotated, relating to state tort claims, so as to remove certain15 |
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| 30 | 30 | | immunities from the actions of certain law enforcement officers; to provide for a definition;16 |
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| 31 | 31 | | to provide that a law enforcement officer alleged to have committed misconduct or a17 |
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| 32 | 32 | | violation of law while acting within the scope of his or her official duties or employment18 23 LC 48 0643 |
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| 33 | 33 | | H. B. 107 |
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| 34 | 34 | | - 2 - |
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| 35 | 35 | | shall be subject to lawsuit or liability; to amend Article 2 of Chapter 4 of Title 17 of the |
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| 36 | 36 | | 19 |
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| 37 | 37 | | Official Code of Georgia Annotated, relating to arrest by law enforcement officers generally,20 |
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| 38 | 38 | | so as to revise use of force standards; to provide for definitions; to prohibit certain tactics and21 |
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| 39 | 39 | | techniques; to provide for a duty to intervene for peace officers to prevent or stop another22 |
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| 40 | 40 | | peace officer from using excessive force; to provide for reports in cases of such intervention;23 |
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| 41 | 41 | | to provide for protection from retaliation; to provide for penalties; to provide for a short title;24 |
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| 42 | 42 | | to provide for related matters; to repeal conflicting laws; and for other purposes.25 |
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| 43 | 43 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:26 |
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| 44 | 44 | | PART I27 |
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| 45 | 45 | | SECTION 1-1.28 |
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| 46 | 46 | | This Act shall be known and may be cited as the "Police Accountability Act."29 |
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| 47 | 47 | | PART II30 |
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| 48 | 48 | | SECTION 2-1.31 |
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| 49 | 49 | | Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and32 |
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| 50 | 50 | | agencies, is amended by adding a new chapter to read as follows:33 |
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| 51 | 51 | | "CHAPTER 1A |
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| 52 | 52 | | 34 |
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| 53 | 53 | | 35-1A-1.35 |
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| 54 | 54 | | As used in this chapter, the term:36 |
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| 55 | 55 | | (1) 'Contact' means an interaction with an individual initiated by a peace officer for the37 |
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| 56 | 56 | | purpose of enforcing the law or investigating possible violations of the law, whether or38 23 LC 48 0643 |
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| 57 | 57 | | H. B. 107 |
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| 58 | 58 | | - 3 - |
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| 59 | 59 | | not the person is in a motor vehicle and whether such interaction is consensual or39 |
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| 60 | 60 | | nonconsensual. Such term shall not include routine interactions with the public at the40 |
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| 61 | 61 | | point of entry or exit from a controlled area.41 |
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| 62 | 62 | | (2) 'Demographic information' means race, ethnicity, sex, and approximate age.42 |
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| 63 | 63 | | (3) 'Law enforcement agency' means any agency, organ, or department of this state, or43 |
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| 64 | 64 | | a subdivision or municipality thereof, whose primary functions include the enforcement44 |
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| 65 | 65 | | of criminal or traffic laws, the preservation of public order, the protection of life and45 |
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| 66 | 66 | | property, or the prevention, detection, or investigation of crime, including, but not limited46 |
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| 67 | 67 | | to, any department or unit organized by a college or university for the purposes of47 |
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| 68 | 68 | | Chapter 8 of Title 20.48 |
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| 69 | 69 | | (4) 'Peace officer' means any person appointed or employed in conformity with49 |
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| 70 | 70 | | Chapter 8 of Title 35, the 'Georgia Peace Officer Standards and Training Act.'50 |
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| 71 | 71 | | (5) 'Serious bodily injury' means bodily injury which, either at the time of the actual51 |
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| 72 | 72 | | injury or at a later time, involves a substantial risk of death, a substantial risk of serious52 |
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| 73 | 73 | | permanent disfigurement, a substantial risk of protracted loss or impairment of the53 |
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| 74 | 74 | | function of any part or organ of the body, or breaks, fractures, or second-degree or54 |
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| 75 | 75 | | third-degree burns.55 |
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| 76 | 76 | | 35-1A-2.56 |
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| 77 | 77 | | (a) On and after January 1, 2024, every peace officer shall provide, without being asked,57 |
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| 78 | 78 | | the peace officer's business card to any person whom the peace officer has detained in a58 |
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| 79 | 79 | | traffic stop but has not cited or arrested. The business card shall include identifying59 |
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| 80 | 80 | | information about the peace officer, including, but not limited to, the peace officer's name,60 |
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| 81 | 81 | | division, precinct, and badge or other identification number; a telephone number that may61 |
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| 82 | 82 | | be used, if necessary, to report any comments, positive or negative, regarding the traffic62 |
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| 83 | 83 | | stop; and information about how to file a complaint related to the contact.63 23 LC 48 0643 |
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| 84 | 84 | | H. B. 107 |
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| 85 | 85 | | - 4 - |
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| 86 | 86 | | (b) A peace officer shall have a legal basis for making a contact. After making a contact,64 |
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| 87 | 87 | | a peace officer shall report to the law enforcement agency employing such peace officer:65 |
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| 88 | 88 | | (1) The demographic information of the person contacted, provided that the66 |
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| 89 | 89 | | identification of these characteristics shall be based on the observation and perception of67 |
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| 90 | 90 | | the peace officer making the contact and any other available data;68 |
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| 91 | 91 | | (2) Whether the contact was a traffic stop;69 |
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| 92 | 92 | | (3) The time, date, and location of the contact;70 |
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| 93 | 93 | | (4) The duration of the contact;71 |
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| 94 | 94 | | (5) The reason for the contact;72 |
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| 95 | 95 | | (6) The suspected crime; and73 |
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| 96 | 96 | | (7) The result of the contact, including, but not limited to:74 |
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| 97 | 97 | | (A) No action, warning, citation, property seizure, or arrest;75 |
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| 98 | 98 | | (B) If a warning or citation was issued, the warning provided or violation cited;76 |
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| 99 | 99 | | (C) If an arrest was made, the offense charged;77 |
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| 100 | 100 | | (D) If the contact was a traffic stop, the information collected, which shall be limited78 |
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| 101 | 101 | | to that of the driver; and79 |
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| 102 | 102 | | (E) The actions taken by the peace officer during the contact, including, but not limited80 |
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| 103 | 103 | | to, whether:81 |
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| 104 | 104 | | (i) The peace officer asked for consent to search the person, and, if so, whether82 |
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| 105 | 105 | | consent was provided;83 |
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| 106 | 106 | | (ii) The peace officer searched the person or any property and, if so, the basis for the84 |
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| 107 | 107 | | search and the type of contraband or evidence discovered, if any; and85 |
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| 108 | 108 | | (iii) The peace officer seized any property, and, if so, the type of property that was86 |
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| 109 | 109 | | seized and the basis for seizing the property.87 23 LC 48 0643 |
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| 110 | 110 | | H. B. 107 |
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| 111 | 111 | | - 5 - |
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| 112 | 112 | | 35-1A-3.88 |
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| 113 | 113 | | (a) On and after July 1, 2025, all law enforcement agencies shall provide a body-worn89 |
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| 114 | 114 | | camera to each peace officer of the law enforcement agency.90 |
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| 115 | 115 | | (b)(1) Except as provided for in paragraph (2) of this subsection, on and after91 |
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| 116 | 116 | | July 1, 2025, every peace officer shall wear and activate a body-worn camera when92 |
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| 117 | 117 | | responding to a call for service or during any contact with the public.93 |
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| 118 | 118 | | (2)(A) A peace officer may turn off a body-worn camera to avoid recording personal94 |
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| 119 | 119 | | information that is not case related, when working on an unrelated assignment, when95 |
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| 120 | 120 | | there is a long break in the contact that is not related to the initial contact, and in96 |
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| 121 | 121 | | administrative, tactical, and management discussions.97 |
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| 122 | 122 | | (B) A peace officer shall not need to wear or activate a body-worn camera if the peace98 |
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| 123 | 123 | | officer is working undercover.99 |
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| 124 | 124 | | (c) If a peace officer fails to activate a body-worn camera as required by this Code section100 |
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| 125 | 125 | | or tampers with body-worn or dashboard camera footage or operation, except as permitted101 |
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| 126 | 126 | | in paragraph (2) of subsection (b) of this Code section, there shall be a permissive inference102 |
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| 127 | 127 | | in any investigation or legal proceeding, excluding criminal proceedings against the peace103 |
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| 128 | 128 | | officer, that the missing footage would have reflected misconduct by the peace officer. If104 |
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| 129 | 129 | | a peace officer fails to activate or reactivate his or her body-worn camera, any statements105 |
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| 130 | 130 | | sought to be introduced in a prosecution related to the contact that were not recorded due106 |
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| 131 | 131 | | to the peace officer's failure to activate or reactivate the body-worn camera as required by107 |
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| 132 | 132 | | this Code section shall be presumptively inadmissible. Notwithstanding any other108 |
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| 133 | 133 | | provision of law, this subsection shall not apply if the body-worn camera was not activated109 |
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| 134 | 134 | | due to a malfunction of the body-worn camera and the peace officer was not aware of the110 |
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| 135 | 135 | | malfunction prior to the contact.111 |
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| 136 | 136 | | (d)(1) In addition to any criminal liability and penalty under the law, if a court,112 |
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| 137 | 137 | | administrative law judge, or final decision in an internal investigation finds that a peace113 |
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| 138 | 138 | | officer intentionally failed to activate a body-worn camera or tampered with any114 23 LC 48 0643 |
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| 139 | 139 | | H. B. 107 |
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| 140 | 140 | | - 6 - |
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| 141 | 141 | | body-worn or dashboard camera footage or operation, except as permitted in paragraph115 |
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| 142 | 142 | | (2) of subsection (b) of this Code section, the law enforcement agency employing such116 |
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| 143 | 143 | | peace officer shall impose discipline up to and including termination.117 |
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| 144 | 144 | | (2) In addition to any criminal liability and penalty under the law, if a court,118 |
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| 145 | 145 | | administrative law judge, or final decision in an internal investigation finds that a peace119 |
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| 146 | 146 | | officer intentionally failed to activate a body-worn camera or tampered with any120 |
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| 147 | 147 | | body-worn or dashboard camera footage or operation, except as permitted in paragraph121 |
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| 148 | 148 | | (2) of subsection (b) of this Code section, with the intent to conceal unlawful or122 |
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| 149 | 149 | | inappropriate actions or obstruct justice, the Georgia Peace Officer Standards and123 |
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| 150 | 150 | | Training Council shall suspend the peace officer's certificate for a period of not less than124 |
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| 151 | 151 | | one year, and the suspension shall only be lifted within the period of the suspension if the125 |
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| 152 | 152 | | peace officer is exonerated by a court.126 |
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| 153 | 153 | | (3) In addition to any criminal liability and penalty under the law, if a court,127 |
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| 154 | 154 | | administrative law judge, or final decision in an internal investigation finds that a peace128 |
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| 155 | 155 | | officer intentionally failed to activate a body-worn camera or tampered with any129 |
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| 156 | 156 | | body-worn or dashboard camera footage or operation, except as permitted in paragraph130 |
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| 157 | 157 | | (2) of subsection (b) of this Code section, with the intent to conceal unlawful or131 |
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| 158 | 158 | | inappropriate actions or obstruct justice in a contact resulting in a civilian death, the132 |
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| 159 | 159 | | Georgia Peace Officer Standards and Training Council shall permanently revoke the133 |
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| 160 | 160 | | peace officer's certificate, and the revocation shall only be overturned if the peace officer134 |
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| 161 | 161 | | is exonerated by a court.135 |
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| 162 | 162 | | (e) Law enforcement agencies shall establish and follow a retention schedule for136 |
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| 163 | 163 | | body-worn camera recordings in compliance with Article 5 of Chapter 18 of Title 50, the137 |
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| 164 | 164 | | 'Georgia Records Act.'138 |
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| 165 | 165 | | (f)(1) Notwithstanding any other provision of law, for any contact in which there is a139 |
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| 166 | 166 | | complaint of peace officer misconduct by another peace officer, a civilian, or a nonprofit140 |
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| 167 | 167 | | organization through notice to the law enforcement agency involved in the alleged141 23 LC 48 0643 |
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| 168 | 168 | | H. B. 107 |
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| 169 | 169 | | - 7 - |
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| 170 | 170 | | misconduct, the law enforcement agency shall release all unedited video and audio142 |
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| 171 | 171 | | recordings of the contact, including those from body-worn or dashboard cameras, or143 |
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| 172 | 172 | | otherwise collected through investigation, to the public within 21 days after the law144 |
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| 173 | 173 | | enforcement agency receives the complaint of misconduct.145 |
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| 174 | 174 | | (2) Notwithstanding any other provision of law, all video and audio recordings depicting146 |
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| 175 | 175 | | a death shall be provided to the decedent's family at least 24 hours prior to the public147 |
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| 176 | 176 | | release of such recordings.148 |
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| 177 | 177 | | (3)(A) Notwithstanding any other provision of this subsection, any video that raises149 |
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| 178 | 178 | | substantial privacy concerns for defendants, victims, witnesses, juveniles, or150 |
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| 179 | 179 | | informants, including, but not limited to, a video depicting nudity; a sexual assault; a151 |
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| 180 | 180 | | medical emergency; a mental health crisis; a victim interview; a minor, including any152 |
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| 181 | 181 | | images or information that might undermine the requirement to keep certain juvenile153 |
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| 182 | 182 | | records confidential; personal information other than the name or license plate of any154 |
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| 183 | 183 | | person not arrested, cited, charged, or issued a written warning, including a155 |
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| 184 | 184 | | government-issued identification number, date of birth, address, or financial156 |
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| 185 | 185 | | information; significantly explicit and gruesome bodily injury, unless the injury was157 |
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| 186 | 186 | | caused by a peace officer; or the interior of a home or treatment facility, shall be158 |
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| 187 | 187 | | redacted or altered to protect the substantial privacy interest while still allowing public159 |
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| 188 | 188 | | release.160 |
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| 189 | 189 | | (B) If redaction or alteration is insufficient to protect the substantial privacy interest,161 |
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| 190 | 190 | | the law enforcement agency shall release the unedited video to the victim or, if the162 |
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| 191 | 191 | | victim is deceased, to the victim's family within 21 days after receipt of the complaint163 |
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| 192 | 192 | | of misconduct.164 |
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| 193 | 193 | | (C) A defendant, victim, witness, or informant may waive in writing the individual165 |
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| 194 | 194 | | privacy interest that may be implicated by public release of a video recording. Upon166 |
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| 195 | 195 | | receipt of a written waiver of the applicable individual privacy interest, accompanied167 23 LC 48 0643 |
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| 196 | 196 | | H. B. 107 |
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| 197 | 197 | | - 8 - |
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| 198 | 198 | | by a request for release, the law enforcement agency shall not redact or alter the video168 |
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| 199 | 199 | | recording or withhold release to protect such individual privacy interest.169 |
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| 200 | 200 | | (4) Any video that would substantially interfere with or jeopardize an active or ongoing170 |
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| 201 | 201 | | investigation may be withheld from the public, except that the video shall be released no171 |
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| 202 | 202 | | later than 30 days from the date of the allegation of misconduct. In all cases when release172 |
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| 203 | 203 | | of a video is delayed pursuant to this paragraph, the prosecuting attorney shall prepare173 |
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| 204 | 204 | | a written explanation of the interference or jeopardy that justifies the delayed release,174 |
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| 205 | 205 | | contemporaneous with the refusal to release the video. Upon release of the video, the175 |
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| 206 | 206 | | prosecuting attorney shall release the written explanation to the public.176 |
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| 207 | 207 | | (5) If criminal charges have been filed against any party to the contact, such party must177 |
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| 208 | 208 | | file any constitutional objection to release of the recording in the pending criminal case178 |
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| 209 | 209 | | before the 21 day period provided for in paragraph (1) of this subsection expires. The179 |
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| 210 | 210 | | court shall hold a hearing on any objection no later than seven days after it is filed and180 |
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| 211 | 211 | | issue a ruling no later than three days after the hearing.181 |
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| 212 | 212 | | 35-1A-4.182 |
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| 213 | 213 | | (a) On and after July 1, 2025, the Attorney General shall create an annual report including183 |
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| 214 | 214 | | all of the information that is reported to the Attorney General pursuant to subsection (b) of184 |
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| 215 | 215 | | this Code section, aggregated and broken down for each law enforcement agency that185 |
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| 216 | 216 | | employs peace officers, along with the underlying data.186 |
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| 217 | 217 | | (b) Beginning January 1, 2025, and on January 1 of each year thereafter, each law187 |
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| 218 | 218 | | enforcement agency that employs peace officers shall report to the Attorney General for188 |
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| 219 | 219 | | such year:189 |
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| 220 | 220 | | (1) All contacts involving the use of force by its peace officers that resulted in death or190 |
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| 221 | 221 | | serious bodily injury, including:191 |
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| 222 | 222 | | (A) The date, time, and location of the use of force;192 23 LC 48 0643 |
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| 223 | 223 | | H. B. 107 |
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| 224 | 224 | | - 9 - |
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| 225 | 225 | | (B) The demographic information of the person contacted, provided that the193 |
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| 226 | 226 | | identification of these characteristics shall be based on the observation and perception194 |
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| 227 | 227 | | of the peace officer making the contact and any other available data;195 |
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| 228 | 228 | | (C) The names of all peace officers who were at the scene, identified by whether the196 |
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| 229 | 229 | | peace officer was involved in the use of force or not;197 |
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| 230 | 230 | | (D) The type of force used, the severity and nature of the injury, whether the peace198 |
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| 231 | 231 | | officer suffered physical injury, and, if so, the severity and nature of the peace officer's199 |
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| 232 | 232 | | injury;200 |
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| 233 | 233 | | (E) Whether the peace officer was on duty at the time of the use of force;201 |
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| 234 | 234 | | (F) Whether the use of force resulted in a law enforcement agency investigation and,202 |
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| 235 | 235 | | if so, the result of the investigation; and203 |
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| 236 | 236 | | (G) Whether the use of force resulted in a citizen complaint and, if so, the result of that204 |
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| 237 | 237 | | complaint;205 |
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| 238 | 238 | | (2) All instances when a peace officer resigned while under investigation for violating206 |
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| 239 | 239 | | a policy of the law enforcement agency;207 |
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| 240 | 240 | | (3) All data relating to contacts made by its peace officers, including:208 |
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| 241 | 241 | | (A) The demographic information of the person contacted, provided that the209 |
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| 242 | 242 | | identification of these characteristics shall be based on the observation and perception210 |
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| 243 | 243 | | of the peace officer making the contact and any other available data;211 |
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| 244 | 244 | | (B) Whether the contact was a traffic stop;212 |
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| 245 | 245 | | (C) The time, date, and location of the contact;213 |
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| 246 | 246 | | (D) The duration of the contact;214 |
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| 247 | 247 | | (E) The reason for the contact;215 |
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| 248 | 248 | | (F) The suspected crime;216 |
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| 249 | 249 | | (G) The result of the contact, including, but not limited to:217 |
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| 250 | 250 | | (i) No action, warning, citation, property seizure, or arrest;218 |
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| 251 | 251 | | (ii) If a warning or citation was issued, the warning provided or violation cited;219 23 LC 48 0643 |
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| 252 | 252 | | H. B. 107 |
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| 253 | 253 | | - 10 - |
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| 254 | 254 | | (iii) If an arrest was made, the offense charged; or220 |
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| 255 | 255 | | (iv) If the contact was a traffic stop, the information collected, which shall be limited221 |
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| 256 | 256 | | to that of the driver; and222 |
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| 257 | 257 | | (H) The actions taken by the peace officer during the contact, including, but not limited223 |
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| 258 | 258 | | to, whether:224 |
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| 259 | 259 | | (i) The peace officer asked for consent to search the person, and, if so, whether225 |
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| 260 | 260 | | consent was provided;226 |
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| 261 | 261 | | (ii) The peace officer searched the person or any property, and, if so, the basis for the227 |
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| 262 | 262 | | search and the type of contraband or evidence discovered, if any; and228 |
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| 263 | 263 | | (iii) The peace officer seized any property and, if so, the type of property that was229 |
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| 264 | 264 | | seized and the basis for seizing the property; and230 |
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| 265 | 265 | | (4) All instances of unannounced entry into a residence, with or without a warrant,231 |
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| 266 | 266 | | including:232 |
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| 267 | 267 | | (A) The date, time, and location of the unannounced entry; and233 |
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| 268 | 268 | | (B) The demographic information of the subject of the unannounced entry, provided234 |
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| 269 | 269 | | that the identification of these characteristics shall be based on the observation and235 |
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| 270 | 270 | | perception of the peace officer making the entry and any other available data.236 |
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| 271 | 271 | | (c) The Attorney General and law enforcement agencies shall not report the name, address,237 |
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| 272 | 272 | | social security number, or other unique personal identifying information of the subject of238 |
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| 273 | 273 | | the use of force, victim of the official misconduct, or persons contacted, searched, or239 |
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| 274 | 274 | | subjected to a property seizure. Notwithstanding any provision of law to the contrary, the240 |
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| 275 | 275 | | data reported pursuant to this Code section shall be available to the public pursuant to241 |
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| 276 | 276 | | subsection (d) of this Code section.242 |
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| 277 | 277 | | (d) The Attorney General shall maintain a state-wide database with data collected pursuant243 |
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| 278 | 278 | | to this Code section, in a searchable format, and publish the database on his or her official244 |
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| 279 | 279 | | website.245 23 LC 48 0643 |
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| 280 | 280 | | H. B. 107 |
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| 281 | 281 | | - 11 - |
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| 282 | 282 | | (e) Law enforcement agencies which do not comply with the requirements of this Code246 |
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| 283 | 283 | | section shall be subject to the withholding of state funding or state administered federal247 |
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| 284 | 284 | | funding.248 |
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| 285 | 285 | | 35-1A-5.249 |
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| 286 | 286 | | It shall be unlawful for any governmental authority, any agent thereof, or any person acting250 |
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| 287 | 287 | | on behalf of a governmental authority, to engage in a pattern or practice of conduct by251 |
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| 288 | 288 | | peace officers or by officials or employees of any governmental agency that deprives any252 |
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| 289 | 289 | | person of rights, privileges, or immunities secured or protected by the Constitution or laws253 |
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| 290 | 290 | | of this state or the Constitution or laws of the United States. Whenever the Attorney254 |
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| 291 | 291 | | General has reasonable cause to believe that a violation of this Code section has occurred,255 |
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| 292 | 292 | | the Attorney General, for or in the name of this state, may in a civil action obtain any and256 |
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| 293 | 293 | | all appropriate relief to eliminate the pattern or practice.257 |
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| 294 | 294 | | 35-1A-6.258 |
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| 295 | 295 | | Notwithstanding any provision of law and pursuant to the authority provided for under259 |
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| 296 | 296 | | Code Section 35-8-7.1, if any peace officer is convicted of or pleads guilty or nolo260 |
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| 297 | 297 | | contendere to a crime involving the unlawful use or threatened use of physical force, or is261 |
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| 298 | 298 | | found civilly liable for using excessive force, the Georgia Peace Officer Standards and262 |
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| 299 | 299 | | Training Council shall permanently revoke the peace officer's certificate. The Georgia263 |
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| 300 | 300 | | Peace Officer Standards and Training Council shall not, under any circumstances, reinstate264 |
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| 301 | 301 | | the peace officer's certificate or grant a new certificate to the peace officer unless the peace265 |
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| 302 | 302 | | officer is exonerated by a court. The Georgia Peace Officer Standards and Training266 |
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| 303 | 303 | | Council shall record each decertified peace officer in the database created pursuant to Code267 |
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| 304 | 304 | | Section 35-1A-4.268 23 LC 48 0643 |
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| 305 | 305 | | H. B. 107 |
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| 306 | 306 | | - 12 - |
|---|
| 307 | 307 | | 35-1A-7.269 |
|---|
| 308 | 308 | | In response to a protest or demonstration, a law enforcement agency or any person acting270 |
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| 309 | 309 | | on behalf of the law enforcement agency shall not:271 |
|---|
| 310 | 310 | | (1) Discharge kinetic impact projectiles or any other nonlethal or less lethal projectiles272 |
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| 311 | 311 | | in a manner that targets the head, pelvis, or back;273 |
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| 312 | 312 | | (2) Discharge kinetic impact projectiles indiscriminately into a crowd; or274 |
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| 313 | 313 | | (3) Use chemical agents or irritants, including pepper spray and tear gas, prior to issuing275 |
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| 314 | 314 | | an order to disperse in a sufficient manner to ensure the order is heard and repeated if276 |
|---|
| 315 | 315 | | necessary, followed by sufficient time and space to allow compliance with the order."277 |
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| 316 | 316 | | PART III278 |
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| 317 | 317 | | SECTION 3-1.279 |
|---|
| 318 | 318 | | Article 2 of Chapter 21 of Title 50 of the Official Code of Georgia Annotated, relating to280 |
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| 319 | 319 | | state tort claims, is amended by revising paragraph (7) of Code Section 50-21-24, relating281 |
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| 320 | 320 | | to exceptions to state liability, as follows:282 |
|---|
| 321 | 321 | | "(7) Assault, battery, false imprisonment, false arrest, malicious prosecution, abuse of283 |
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| 322 | 322 | | process, libel Libel, slander, or interference with contractual rights;"284 |
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| 323 | 323 | | SECTION 3-2.285 |
|---|
| 324 | 324 | | Said article is further amended by revising subsection (a) of Code Section 50-21-25, relating286 |
|---|
| 325 | 325 | | to immunity of state officers or employees for acts within scope of official duties or287 |
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| 326 | 326 | | employment, officer or employee not named in action against state, and settlement or288 |
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| 327 | 327 | | judgment, as follows:289 |
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| 328 | 328 | | "(a) This article constitutes the exclusive remedy for any tort committed by a state officer290 |
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| 329 | 329 | | or employee. A state officer or employee who commits a tort while acting within the scope291 |
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| 330 | 330 | | of his or her official duties or employment is not subject to lawsuit or liability therefor;292 23 LC 48 0643 |
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| 331 | 331 | | H. B. 107 |
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| 332 | 332 | | - 13 - |
|---|
| 333 | 333 | | provided, however, that a law enforcement officer who is alleged to have committed293 |
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| 334 | 334 | | misconduct or a violation of law while acting within the scope of his or her official duties294 |
|---|
| 335 | 335 | | or employment shall be subject to lawsuit or liability. However, nothing Nothing in this295 |
|---|
| 336 | 336 | | article shall be construed to give a state officer or employee immunity from suit and296 |
|---|
| 337 | 337 | | liability if it is proved that the officer's or employee's conduct was not within the scope of297 |
|---|
| 338 | 338 | | his or her official duties or employment."298 |
|---|
| 339 | 339 | | SECTION 3-3.299 |
|---|
| 340 | 340 | | Said article is further amended by adding a new Code section to read as follows:300 |
|---|
| 341 | 341 | | "50-21-25.1.301 |
|---|
| 342 | 342 | | (a) As used in this Code section, the term 'law enforcement officer' means any agent or302 |
|---|
| 343 | 343 | | officer of this state, a political subdivision or municipality of this state, an authority of this303 |
|---|
| 344 | 344 | | state, or a college or university in this state who, as a full-time or part-time employee, is304 |
|---|
| 345 | 345 | | vested either expressly by law or by virtue of public employment or service with the305 |
|---|
| 346 | 346 | | authority to enforce criminal or traffic laws through the power of arrest and whose duties306 |
|---|
| 347 | 347 | | include the preservation of public order, the protection of life and property, or the307 |
|---|
| 348 | 348 | | prevention, detection, or investigation of crime.308 |
|---|
| 349 | 349 | | (b) A law enforcement officer who, under color of law, subjects or causes any other person309 |
|---|
| 350 | 350 | | to be subjected to the deprivation of any individual rights secured by the Constitution of310 |
|---|
| 351 | 351 | | this state or the Constitution of the United States, including, but not limited to, by failing311 |
|---|
| 352 | 352 | | to intervene, shall be liable to the injured party for legal or equitable relief or any other312 |
|---|
| 353 | 353 | | appropriate relief.313 |
|---|
| 354 | 354 | | (c) No statutory immunities or immunities at law, including, but not limited to, qualified314 |
|---|
| 355 | 355 | | immunity, shall be a defense to liability pursuant to this Code section.315 |
|---|
| 356 | 356 | | (d) To the extent necessary for any actions to proceed under this Code section, the defense316 |
|---|
| 357 | 357 | | of sovereign immunity is waived as to any claim, counterclaim, cross-claim, or third-party317 |
|---|
| 358 | 358 | | claim brought in the courts of this state by an aggrieved person seeking legal or equitable318 23 LC 48 0643 |
|---|
| 359 | 359 | | H. B. 107 |
|---|
| 360 | 360 | | - 14 - |
|---|
| 361 | 361 | | relief or any other appropriate relief, including, but not limited to, reasonable attorney fees,319 |
|---|
| 362 | 362 | | pursuant to this Code section."320 |
|---|
| 363 | 363 | | PART IV321 |
|---|
| 364 | 364 | | SECTION 4-1.322 |
|---|
| 365 | 365 | | Article 2 of Chapter 4 of Title 17 of the Official Code of Georgia Annotated, relating to323 |
|---|
| 366 | 366 | | arrest by law enforcement officers generally, is amended by revising Code Section 17-4-20,324 |
|---|
| 367 | 367 | | relating to authorization of arrests with and without warrants generally, use of deadly force,325 |
|---|
| 368 | 368 | | adoption or promulgation of conflicting regulations, policies, ordinances, and resolutions,326 |
|---|
| 369 | 369 | | and authority of nuclear power facility security officer, as follows:327 |
|---|
| 370 | 370 | | "17-4-20.328 |
|---|
| 371 | 371 | | (a)(1) An arrest for a crime may be made by a law enforcement officer:329 |
|---|
| 372 | 372 | | (A) Under a warrant; or330 |
|---|
| 373 | 373 | | (B) Without a warrant if:331 |
|---|
| 374 | 374 | | (i) The offense is committed in such officer's presence or within such officer's332 |
|---|
| 375 | 375 | | immediate knowledge;333 |
|---|
| 376 | 376 | | (ii) The offender is endeavoring to escape;334 |
|---|
| 377 | 377 | | (iii) The officer has probable cause to believe that an act of family violence, as335 |
|---|
| 378 | 378 | | defined in Code Section 19-13-1, has been committed;336 |
|---|
| 379 | 379 | | (iv) The officer has probable cause to believe that the offender has violated a criminal337 |
|---|
| 380 | 380 | | family violence order, as defined in Code Section 16-5-95; provided, however, that338 |
|---|
| 381 | 381 | | such officer shall not have any prior or current familial relationship with the alleged339 |
|---|
| 382 | 382 | | victim or the offender;340 |
|---|
| 383 | 383 | | (v) The officer has probable cause to believe that an offense involving physical abuse341 |
|---|
| 384 | 384 | | has been committed against a vulnerable adult, who shall be for the purposes of this342 23 LC 48 0643 |
|---|
| 385 | 385 | | H. B. 107 |
|---|
| 386 | 386 | | - 15 - |
|---|
| 387 | 387 | | subsection a person 18 years old or older who is unable to protect himself or herself |
|---|
| 388 | 388 | | 343 |
|---|
| 389 | 389 | | from physical or mental abuse because of a physical or mental impairment; or344 |
|---|
| 390 | 390 | | (vi) For other cause there is likely to be failure of justice for want of a judicial officer345 |
|---|
| 391 | 391 | | to issue a warrant.346 |
|---|
| 392 | 392 | | (2) Except where otherwise provided by law with respect to a law enforcement officer's347 |
|---|
| 393 | 393 | | jurisdictional duties and limitations, a law enforcement officer may make an arrest for an348 |
|---|
| 394 | 394 | | offense outside of the jurisdiction of the law enforcement agency by which he or she is349 |
|---|
| 395 | 395 | | employed without a warrant:350 |
|---|
| 396 | 396 | | (A) If the offense is committed in such officer's presence or within such officer's351 |
|---|
| 397 | 397 | | immediate knowledge;352 |
|---|
| 398 | 398 | | (B) When in immediate pursuit of an offender for an offense committed within the353 |
|---|
| 399 | 399 | | jurisdiction of the law enforcement agency that employs such law enforcement officer;354 |
|---|
| 400 | 400 | | or355 |
|---|
| 401 | 401 | | (C) While aiding or assisting another law enforcement officer in the jurisdiction of the356 |
|---|
| 402 | 402 | | law enforcement agency employing such other law enforcement officer.357 |
|---|
| 403 | 403 | | (3) Nothing in paragraph (2) of this subsection shall be construed as limiting sheriffs or358 |
|---|
| 404 | 404 | | deputy sheriffs in the performance of the duties and responsibilities imposed on them by359 |
|---|
| 405 | 405 | | the Constitution and laws of this state.360 |
|---|
| 406 | 406 | | (b) Sheriffs and peace officers who are appointed or employed in conformity with |
|---|
| 407 | 407 | | 361 |
|---|
| 408 | 408 | | Chapter 8 of Title 35 may use deadly force to apprehend a suspected felon only when the362 |
|---|
| 409 | 409 | | officer reasonably believes that the suspect possesses a deadly weapon or any object,363 |
|---|
| 410 | 410 | | device, or instrument which, when used offensively against a person, is likely to or actually364 |
|---|
| 411 | 411 | | does result in serious bodily injury; when the officer reasonably believes that the suspect365 |
|---|
| 412 | 412 | | poses an immediate threat of physical violence to the officer or others; or when there is366 |
|---|
| 413 | 413 | | probable cause to believe that the suspect has committed a crime involving the infliction367 |
|---|
| 414 | 414 | | or threatened infliction of serious physical harm. Nothing in this Code section shall be368 |
|---|
| 415 | 415 | | construed so as to restrict such sheriffs or peace officers from the use of such reasonable369 23 LC 48 0643 |
|---|
| 416 | 416 | | H. B. 107 |
|---|
| 417 | 417 | | - 16 - |
|---|
| 418 | 418 | | nondeadly force as may be necessary to apprehend and arrest a suspected felon or370 |
|---|
| 419 | 419 | | misdemeanant.371 |
|---|
| 420 | 420 | | (c) Nothing in this Code section shall be construed so as to restrict the use of deadly force372 |
|---|
| 421 | 421 | | by employees of state and county correctional institutions, jails, and other places of lawful373 |
|---|
| 422 | 422 | | confinement or by peace officers of any agency in the State of Georgia when reasonably374 |
|---|
| 423 | 423 | | necessary to prevent escapes or apprehend escapees from such institutions.375 |
|---|
| 424 | 424 | | (d) No law enforcement agency of this state or of any political subdivision of this state376 |
|---|
| 425 | 425 | | shall adopt or promulgate any rule, regulation, or policy which prohibits a peace officer377 |
|---|
| 426 | 426 | | from using that degree of force to apprehend a suspected felon which is allowed by the378 |
|---|
| 427 | 427 | | statutory and case law of this state.379 |
|---|
| 428 | 428 | | (e)(b) Each peace officer shall be provided with a copy of this Code section. Training380 |
|---|
| 429 | 429 | | regarding elder abuse, abuse of vulnerable adults, and the requirements of this Code section381 |
|---|
| 430 | 430 | | should be offered as part of at least one in-service training program each year conducted382 |
|---|
| 431 | 431 | | by or on behalf of each law enforcement department and agency in this state.383 |
|---|
| 432 | 432 | | (f)(c) A nuclear power facility security officer, including a contract security officer,384 |
|---|
| 433 | 433 | | employed by a federally licensed nuclear power facility or licensee thereof for the purpose385 |
|---|
| 434 | 434 | | of securing that facility shall have the authority to:386 |
|---|
| 435 | 435 | | (1) Threaten or use force against another in defense of a federally licensed nuclear power387 |
|---|
| 436 | 436 | | facility and the persons therein as provided for under Code Sections 16-3-21 and 16-3-23;388 |
|---|
| 437 | 437 | | (2) Search any person on the premises of the nuclear power facility or the properties389 |
|---|
| 438 | 438 | | adjacent to the facility if the facility is under imminent threat or danger pursuant to a390 |
|---|
| 439 | 439 | | written agreement entered into with the local enforcement agency having jurisdiction391 |
|---|
| 440 | 440 | | over the facility for the purpose of determining if such person possesses unauthorized392 |
|---|
| 441 | 441 | | weapons, explosives, or other similarly prohibited material; provided, however, that, if393 |
|---|
| 442 | 442 | | such person objects to any search, he or she shall be detained as provided in paragraph (3)394 |
|---|
| 443 | 443 | | of this subsection or shall be required to immediately vacate the premises. Any person395 |
|---|
| 444 | 444 | | refusing to submit to a search and refusing to vacate the premises of a facility upon the396 23 LC 48 0643 |
|---|
| 445 | 445 | | H. B. 107 |
|---|
| 446 | 446 | | - 17 - |
|---|
| 447 | 447 | | request of a security officer as provided for in this Code section shall be guilty of a |
|---|
| 448 | 448 | | 397 |
|---|
| 449 | 449 | | misdemeanor; and398 |
|---|
| 450 | 450 | | (3) In accordance with a nuclear security plan approved by the United States Nuclear399 |
|---|
| 451 | 451 | | Regulatory Commission or other federal agency authorized to regulate nuclear facility400 |
|---|
| 452 | 452 | | security, detain any person located on the premises of a nuclear power facility or on the401 |
|---|
| 453 | 453 | | properties adjacent thereto if the facility is under imminent threat or danger pursuant to402 |
|---|
| 454 | 454 | | a written agreement entered into with the local law enforcement agency having403 |
|---|
| 455 | 455 | | jurisdiction over the facility, where there is reasonable suspicion to believe that such404 |
|---|
| 456 | 456 | | person poses a threat to the security of the nuclear power facility, regardless of whether405 |
|---|
| 457 | 457 | | such prohibited act occurred in the officer's presence. In the event of such detention, the406 |
|---|
| 458 | 458 | | law enforcement agency having jurisdiction over the facility shall be immediately407 |
|---|
| 459 | 459 | | contacted. The detention shall not exceed the amount of time reasonably necessary to408 |
|---|
| 460 | 460 | | allow for law enforcement officers to arrive at the facility."409 |
|---|
| 461 | 461 | | SECTION 4-2.410 |
|---|
| 462 | 462 | | Said article is further amended by adding two new Code sections to read as follows:411 |
|---|
| 463 | 463 | | "17-4-20.3. |
|---|
| 464 | 464 | | 412 |
|---|
| 465 | 465 | | (a) As used in this Code section, the term:413 |
|---|
| 466 | 466 | | (1) 'Chokehold' means a method by which a person applies sufficient pressure to another414 |
|---|
| 467 | 467 | | person to make breathing difficult or impossible and includes, but is not limited to, any415 |
|---|
| 468 | 468 | | pressure to the neck, throat, or windpipe that may prevent or hinder breathing or reduce416 |
|---|
| 469 | 469 | | intake of air.417 |
|---|
| 470 | 470 | | (2) 'Peace officer' shall have the same meaning as provided for under Code418 |
|---|
| 471 | 471 | | Section 35-1A-1.419 |
|---|
| 472 | 472 | | (b) Every peace officer, in carrying out his or her duties, shall apply nonviolent means420 |
|---|
| 473 | 473 | | when possible before resorting to the use of physical force. A peace officer shall use421 |
|---|
| 474 | 474 | | physical force only if nonviolent means would be ineffective in effecting an arrest,422 23 LC 48 0643 |
|---|
| 475 | 475 | | H. B. 107 |
|---|
| 476 | 476 | | - 18 - |
|---|
| 477 | 477 | | preventing an escape, or preventing an imminent threat of serious bodily injury or death423 |
|---|
| 478 | 478 | | to the peace officer or another person.424 |
|---|
| 479 | 479 | | (c) When physical force is used, peace officers shall:425 |
|---|
| 480 | 480 | | (1) Not use deadly physical force to apprehend a person who is suspected of only a426 |
|---|
| 481 | 481 | | minor or nonviolent offense;427 |
|---|
| 482 | 482 | | (2) Use only a degree of force consistent with the minimization of injury to others;428 |
|---|
| 483 | 483 | | (3) Ensure that assistance and medical aid are rendered to any injured or affected persons429 |
|---|
| 484 | 484 | | as soon as practicable; and430 |
|---|
| 485 | 485 | | (4) Ensure that any identified relatives or next of kin of persons who have sustained431 |
|---|
| 486 | 486 | | serious bodily injury or death are notified as soon as practicable.432 |
|---|
| 487 | 487 | | (d) A peace officer who is appointed or employed in conformity with Chapter 8 of433 |
|---|
| 488 | 488 | | Title 35, the 'Georgia Peace Officer Standards and Training Act,' shall be prohibited from434 |
|---|
| 489 | 489 | | using a chokehold upon any person in the performance of his or her official duties.435 |
|---|
| 490 | 490 | | (e) Peace officers shall be justified in using deadly physical force to make an arrest only436 |
|---|
| 491 | 491 | | when:437 |
|---|
| 492 | 492 | | (1) All other means of apprehension are impractical given the circumstances;438 |
|---|
| 493 | 493 | | (2) The arrest is for a felony involving conduct that includes the use or threatened use439 |
|---|
| 494 | 494 | | of deadly physical force;440 |
|---|
| 495 | 495 | | (3) There is substantial risk that the person to be arrested will cause death or serious441 |
|---|
| 496 | 496 | | bodily injury to other persons if his or her apprehension is delayed; and442 |
|---|
| 497 | 497 | | (4) The force employed does not create a substantial risk of injury to innocent persons.443 |
|---|
| 498 | 498 | | (f) A peace officer shall identify himself or herself as a peace officer and give a clear444 |
|---|
| 499 | 499 | | verbal warning of his or her intent to use a firearm or other deadly physical force, with445 |
|---|
| 500 | 500 | | sufficient time for the warning to be observed, unless to do so would unduly place peace446 |
|---|
| 501 | 501 | | officers at risk of injury, would create a risk of death or injury to other persons, or would447 |
|---|
| 502 | 502 | | be clearly inappropriate or ineffective under the circumstances.448 23 LC 48 0643 |
|---|
| 503 | 503 | | H. B. 107 |
|---|
| 504 | 504 | | - 19 - |
|---|
| 505 | 505 | | (g) The defenses under Article 2 of Chapter 3 of Title 16 shall apply to any person who449 |
|---|
| 506 | 506 | | is subject to use of force by a peace officer that is not in conformity with this Code section.450 |
|---|
| 507 | 507 | | 17-4-20.4.451 |
|---|
| 508 | 508 | | (a) As used in this Code section, the term:452 |
|---|
| 509 | 509 | | (1) 'Law enforcement agency' shall have the same meaning as provided for under Code453 |
|---|
| 510 | 510 | | Section 35-1A-1.454 |
|---|
| 511 | 511 | | (2) 'Peace officer' shall have the same meaning as provided for under Code455 |
|---|
| 512 | 512 | | Section 35-1A-1.456 |
|---|
| 513 | 513 | | (b) A peace officer shall intervene to prevent or stop another peace officer from using457 |
|---|
| 514 | 514 | | physical force that exceeds the degree of force permitted, if any, pursuant to Code458 |
|---|
| 515 | 515 | | Section 17-4-20.3, in pursuance of official duties in carrying out an arrest of any person,459 |
|---|
| 516 | 516 | | placing any person under detention, taking any person into custody, or booking any person460 |
|---|
| 517 | 517 | | or in the process of crowd control or riot control, without regard for chain of command.461 |
|---|
| 518 | 518 | | (c)(1) Such peace officer shall report the intervention to his or her immediate supervisor.462 |
|---|
| 519 | 519 | | (2) At a minimum, the report required by this subsection shall include the date, time, and463 |
|---|
| 520 | 520 | | place of the occurrence; the identities, if known, and a description of the participants; and464 |
|---|
| 521 | 521 | | a description of the actions taken to intervene. Such report shall be made in writing465 |
|---|
| 522 | 522 | | within ten days of the occurrence of the use of such force and shall be appended to all466 |
|---|
| 523 | 523 | | other reports of the incident.467 |
|---|
| 524 | 524 | | (d) No member of a law enforcement agency shall discipline or retaliate in any way468 |
|---|
| 525 | 525 | | against a peace officer for intervening as required by this Code section, for reporting469 |
|---|
| 526 | 526 | | unconstitutional or unlawful conduct, or for failing to follow what the peace officer470 |
|---|
| 527 | 527 | | reasonably believes is an unconstitutional directive.471 |
|---|
| 528 | 528 | | (e) In addition to any criminal liability or penalty under the law, when a court,472 |
|---|
| 529 | 529 | | administrative law judge, or final decision in an internal investigation finds that a peace473 |
|---|
| 530 | 530 | | officer failed to intervene as required by this Code section in an incident resulting in474 23 LC 48 0643 |
|---|
| 531 | 531 | | H. B. 107 |
|---|
| 532 | 532 | | - 20 - |
|---|
| 533 | 533 | | serious bodily injury or death to any person, the law enforcement agency employing the475 |
|---|
| 534 | 534 | | peace officer shall subject the peace officer to discipline, up to and including termination,476 |
|---|
| 535 | 535 | | and, notwithstanding any other provision of law, the Georgia Peace Officer Standards and477 |
|---|
| 536 | 536 | | Training Council shall permanently decertify the peace officer upon receipt of notice of the478 |
|---|
| 537 | 537 | | peace officer's discipline. The peace officer may only be recertified if he or she is found479 |
|---|
| 538 | 538 | | not guilty by a court of law."480 |
|---|
| 539 | 539 | | PART V481 |
|---|
| 540 | 540 | | SECTION 5-1.482 |
|---|
| 541 | 541 | | All laws and parts of laws in conflict with this Act are repealed. 483 |
|---|