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