23 LC 48 0644
H. B. 112
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House Bill 112
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 provide for ethical policing; to provide for definitions; to2
provide for the creation, operation, and powers of certain citizen review boards; to provide3
for membership and terms; to provide for the creation of a uniform form by the Attorney4
General for use in recording complaints alleging police misconduct and disciplinary actions;5
to provide for public inspection; to provide for the filing and investigation of complaints; to6
provide for procedures and requirements for the offering of employment to certain law7
enforcement officers; to provide that law enforcement officers shall have a duty to report8
violations of ethical policing; to provide for measures to protect against retaliation for filing9
complaints alleging police misconduct; to provide for hearings and public notice thereof; to10
provide for the revocation of peace officer certificate for certain acts; to require personal11
liability insurance for law enforcement officers; to provide for an annual report summarizing12
complaints filed and disciplinary actions imposed; to provide for an early warning system;13
to provide for accountability for law enforcement officers who are supervisors; to provide14
for procedures for the reinstatement of suspended law enforcement officers; to provide for15
instruction on ethical policing; to amend Article 2 of Chapter 21 of Title 50 of the Official16
Code of Georgia Annotated, relating to state tort claims, so as to remove certain immunities17
from the actions of certain law enforcement officers; to provide for a definition; to provide18 23 LC 48 0644
H. B. 112
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that a law enforcement officer alleged to have committed police misconduct or a violation
19
of law while acting within the scope of his or her official duties or employment shall be20
subject to lawsuit or liability; to provide for a short title; to provide for related matters; to21
repeal conflicting laws; and for other purposes.22
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:23
PART I24
SECTION 1-1.25
This Act shall be known and may be cited as the "Ethical Policing Act."26
PART II27
SECTION 2-1.28
Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and29
agencies, is amended by adding a new chapter to read as follows:30
"CHAPTER 11
31
35-11-1.32
As used in this chapter, the term:33
(1) 'Bodily injury' means any injury caused to an individual's person by a law34
enforcement officer as a result of police misconduct, including, but not limited to, death.35
(2) 'Citizen review board' means any board of citizens formed pursuant to this chapter36
whose purpose is to provide for oversight of police misconduct and ethical policing.37 23 LC 48 0644
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(3) 'Disciplinary action' means all discipline imposed as a result of conduct in violation38
of this chapter or the policies of a law enforcement agency.39
(4) 'Disposition' means any status applied to a complaint alleging police misconduct after40
the complaint has been investigated, including, but not limited to, investigations left41
incomplete or which are ongoing.42
(5) 'Duty to intervene' means the requirement to intervene and to file a complaint43
reporting any police misconduct that occurs, whether such conduct is heard about or44
witnessed.45
(6) 'Duty to safeguard life' means the requirement to refrain from police misconduct in46
the discharge of responsibilities, the requirement to discharge one's professional duties47
in the best interest of public safety, and the requirement to adhere to law enforcement48
agency policies and standards.49
(7) 'Early warning system' means a system for electronically tracking complaints and50
disciplinary action, disaggregated by individual law enforcement officers.51
(8) 'Ethical policing' means the discharge of responsibilities, stemming from employment52
as a law enforcement officer, which is devoid of police misconduct and which is carried53
out in conformance with this chapter, including, but not limited to, the duty to safeguard54
life and the duty to intervene.55
(9) 'Family unit' means individuals related by blood, adoption, marriage, or domestic56
partnership.57
(10) 'Inspection' means the examination of information and records qualifying for public58
inspection, including, but not limited to, physical copies and electronic copies, pursuant59
to the requirements of this chapter and Article 4 of Chapter 18 of Title 50.60
(11) 'Law enforcement agency' means any agency, organ, or department of this state, or61
a subdivision or municipality thereof, whose primary functions include the enforcement62
of criminal or traffic laws, the preservation of public order, the protection of life and63
property, or the prevention, detection, or investigation of crime, including, but not limited64 23 LC 48 0644
H. B. 112
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to, any department or unit organized by a college or university for the purposes of65
Chapter 8 of Title 20.66
(12) 'Law enforcement officer' means any person appointed or employed in conformity67
with Chapter 8 of Title 35, the 'Georgia Peace Officer Standards and Training Act.'68
(13) 'Personal information' means and includes:69
(A) Current or former names;70
(B) Social security numbers;71
(C) Driver's license numbers;72
(D) Checking or savings account numbers;73
(E) Credit, debit, and other financial transaction card numbers;74
(F) Personal identification numbers;75
(G) Electronic identification numbers;76
(H) Digital or electronic signatures;77
(I) Medical identification numbers, including veteran and military medical78
identification numbers;79
(J) Birth dates;80
(K) Mother's maiden name;81
(L) Tax identification numbers; and82
(M) State identification card numbers issued by state departments.83
(14) 'Police misconduct' means conduct that violates ethical policing or the policies or84
standards of a law enforcement officer's employing law enforcement agency, including,85
but not limited to:86
(A) Excessive use of force;87
(B) Bodily injury;88
(C) Sexual violence;89
(D) Exceeding authority;90
(E) Racial profiling;91 23 LC 48 0644
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(F) Failure to act on the duty to safeguard life; and92
(G) Failure to act on the duty to intervene.93
(15) 'Qualified board member' means a resident of this state who is not younger than 1694
years of age; provided, however, that such term shall not include:95
(A) An elected or appointed official; 96
(B) A member of any law enforcement agency;97
(C) An employee or representative of any agency responsible for training or certifying98
law enforcement officers; or99
(D) Any member of a family unit that includes a member of the law enforcement100
agency being overseen by the subject citizen review board.101
35-11-2.102
(a)(1) A citizen review board for a county or municipal corporation shall only be formed103
by:104
(A) The governing authority of such county or municipal corporation; or105
(B) Pursuant to the requirements of subsection (b) of this Code section, residents of106
such county or municipal corporation.107
(2) A citizen review board may be formed to have authority pertaining to one or more108
law enforcement agencies of such county or municipal corporation. In the act forming109
the citizen review board pursuant to subparagraph (A) of paragraph (1) of this subsection110
or in the petition forming the citizen review board pursuant to subparagraph (B) of111
paragraph (1) of this subsection, the law enforcement agencies over which the citizen112
review board shall have authority shall be specifically identified.113
(b)(1) Residents of a county or municipal corporation for which the governing authority114
has not formed a citizen review board for a law enforcement agency of such county or115
municipal corporation at the time of filing may form a citizen review board by a petition116
that is filed with the clerk of the governing authority and that contains the signatures of117 23 LC 48 0644
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at least 50 electors of such county or municipal corporation who were registered to vote118
in the most recent general election. The clerk shall cause a notice of the filing of such119
petition to be published in the official organ of the county or municipal corporation, as120
the case may be, once a week for three weeks. The governing authority shall determine121
the validity of such petition within 60 days after the last publishment of notice and, if122
such petition is found to be valid, shall form the citizen review board.123
(2) The petition provided for under paragraph (1) of this subsection may include a124
proposed list of initial qualified board members that, if adopted, would be in conformance125
with the requirements of this chapter. Absent good cause shown to deny such126
appointments, the governing authority shall appoint the proposed members as the initial127
members of such citizen review board.128
(3) The residents filing a petition under paragraph (1) of this subsection may appeal any129
denial of the petition or any denial of the proposed membership by the governing130
authority to the superior court.131
(c) The membership of a citizen review board shall consist of qualified board members and132
shall:133
(1) Reflect the general demographics of the jurisdiction it serves according to the most134
recent United States decennial census; and135
(2) Comprise no less than five and no more than nine residents of the jurisdiction served136
by such citizen review board.137
(d) A qualified board member shall serve for a term of 12 consecutive months and may be138
reappointed for successive terms; provided, however, that no qualified board member shall139
serve for more than 24 consecutive months.140
(e)(1) The membership of a citizen review board formed pursuant to paragraph (1) of141
subsection (a) of this Code section shall be provided for by the governing authority in142
accordance with this Code section.143 23 LC 48 0644
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(2) After the expiration of the initial appointments, the membership of a citizen review144
board formed pursuant to paragraph (2) of subsection (a) of this Code section shall be145
provided for by the governing authority in accordance with this Code section; provided,146
however, that the governing authority shall identify a successor 90 days prior to the147
expiration of a qualified board member's term.148
(f) Nothing in this Code section shall be construed to prohibit a person from serving on149
more than one citizen review board.150
(g) This Code section shall apply to any citizen review board created on or after July 1,151
2023.152
35-11-3.153
(a) A citizen review board shall convene no less than once every three months for the154
purpose of discharging its responsibilities; provided, however, that a citizen review board155
shall have the authority to meet as often as it deems necessary to discharge its156
responsibilities.157
(b) A citizen review board shall have the authority to examine police misconduct within158
any law enforcement agency such citizen review board was formed to oversee. Without159
limiting the foregoing, the citizen review board shall have the authority to:160
(1) Examine, at will, complaint records and records of disciplinary action to identify best161
practices related to a law enforcement agency's response to, and its resolution of, police162
misconduct;163
(2) Examine, at will, complaint records and records of disciplinary action to assess a law164
enforcement agency's overall policing culture for conformance with ethical policing;165
(3) Examine, at will, complaint records and records of disciplinary action upon receipt166
of notice alleging police misconduct from any member of the public;167
(4) Examine, at will, complaint records and records of disciplinary action in response to168
publicly disclosed acts of alleged police misconduct;169 23 LC 48 0644
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(5) Examine, at will, any written recommendation or final order issued as part of the170
disposition of an administrative action;171
(6) Examine, at will, any written recommendation or final order issued by a hearing172
board or similar body with the responsibility of adjudicating police complaints or police173
disciplinary actions;174
(7) Examine, at will, any recommendation resulting from an investigation or175
interrogation of a law enforcement officer;176
(8) Examine, at will, complaint records and records of disciplinary action held by any177
state or local law enforcement agency providing services within the boundaries of the178
jurisdiction served by the citizen review board;179
(9) File a complaint, using the process set forth in this chapter, asserting police180
misconduct on behalf of any individual so requesting or upon the citizen review board's181
impression that a violation of ethical policing has occurred;182
(10) Engage in unfettered public education as to its responsibilities and the breadth of183
its authority;184
(11) Publish, for public consumption, its findings and recommendations;185
(12) Request that the law enforcement agency with the authority to act on violations of186
this chapter examine complaint records and records of disciplinary action for the purposes187
of determining whether a violation of this chapter has occurred. The examination188
authorized under this paragraph shall extend to the complaints and disciplinary records189
of law enforcement officers, including, but not limited to, individuals exercising the190
duties and responsibilities common to the role of a sheriff, chief of police, deputy chief191
of police, assistant chief of police, commissioner of police, deputy commissioner of192
police, and assistant commissioner of police;193
(13) Initiate an independent investigation into police misconduct complaints without194
regard to the disposition of such complaints;195 23 LC 48 0644
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(14) Receive funds to cover the expenses of any investigation if sufficient funds for196
investigatory purposes have not been appropriated for use by the citizen review board;197
(15) Initiate an independent investigation into any law enforcement officer who has been198
reinstated and who provides or will provide services within the boundaries of the199
jurisdiction served by the citizen review board; and200
(16) Initiate an investigation into any person, other than a member of the judiciary, who201
reinstates a law enforcement officer; provided, however, that such investigation shall be202
limited to determining whether the act of reinstating such law enforcement officer203
violates ethical policing as defined in this chapter.204
(c) No member of a citizen review board shall receive compensation for his or her services205
on the citizen review board.206
(d) Members of a citizen review board may participate in meetings of such citizen review207
board via telephone or video conference.208
(e) Any person who denies or otherwise thwarts the authority granted to a citizen review209
board shall be guilty of a misdemeanor.210
35-11-4.211
(a)(1) The Attorney General shall design a uniform form that shall be used by law212
enforcement agencies to record complaints alleging police misconduct and disciplinary213
actions.214
(2) Complaints alleging police misconduct filed by any law enforcement officer against215
another law enforcement officer shall be recorded on the form provided for in216
paragraph (1) of this subsection.217
(3) Disciplinary actions against any law enforcement officer shall be recorded on the218
form provided for in paragraph (1) of this subsection, regardless of whether the219
disciplinary action resulted from the filing of a complaint or a law enforcement agency's220
independent decision to impose disciplinary action.221 23 LC 48 0644
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(b)(1) All information submitted on the form provided for under paragraph (1) of222
subsection (a) of this Code section shall be available for inspection, including, but not223
limited to, inspection by citizen review boards and law enforcement agencies, without224
regard to the status of any underlying or related investigation, except that a complainant225
shall have the opportunity to indicate whether his or her personal information is to be226
withheld from inspection; provided, however, that, if the underlying or related227
investigation is incomplete at the time the record is requested, such record shall be228
stamped 'investigation pending'; and provided, further, that the citizen review board shall229
have a right of inspection within 48 hours of a request for records involving death or230
substantial bodily injury.231
(2) All information submitted on the form provided for under paragraph (1) of232
subsection (a) of this Code section and the form used shall be permanently retained by233
the law enforcement agency to which the complaint was made or by which the234
disciplinary action was imposed.235
(c)(1) A complainant shall be afforded the opportunity to file a complaint in person,236
electronically, or by telephone interview and shall have the right to receive assistance,237
including, but not limited to, assistance for visual, reading, and language barriers.238
(2) A complainant shall be provided a copy of his or her complaint within 24 hours after239
filing such complaint.240
(d) For the filing of complaints, the form provided for in paragraph (1) of subsection (a)241
of this Code section, in addition to any other information, shall provide for:242
(1) Specific identification of when the complaint was received;243
(2) Identification of the law enforcement officer taking or receiving the complaint for the244
law enforcement agency;245
(3) Identifying information of the law enforcement officer who is the subject of the246
complaint, including, but not limited to, his or her name, rank, and badge number;247
(4) The complainant's personal information;248 23 LC 48 0644
H. B. 112
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(5) The race or ethnicity of the complainant;249
(6) A choice for the complainant to classify the complaint as excessive use of force,250
bodily injury, sexual violence, exceeding authority, racial profiling, or failure to act on251
the duty to intervene or the duty to safeguard life; provided, however, that space shall be252
made available for the complainant to offer any other classification for the complaint;253
(7) A detailed narrative of the events forming the basis of the complaint;254
(8) A selection whereby a complainant may elect whether to have his or her personal255
information withheld from inspection;256
(9) An administrative tracking of all law enforcement officers who have received or257
considered the complaint and their actions upon the complaint; and258
(10) Any disposition and disciplinary actions that result from the complaint.259
(e) A law enforcement agency shall investigate all complaints of alleged police misconduct260
even if only partial information is received. No complaint alleging police misconduct shall261
be withheld or not acted upon because incomplete information is provided or the form is262
incomplete.263
(f)(1) For the recording of disciplinary actions not precipitated by a complaint, the form264
provided for in paragraph (1) of subsection (a) of this Code section shall, in addition to265
any other information, include:266
(A) A description of the conduct underlying the disciplinary action; provided, however,267
that, if the disciplinary action is expressed in the form of a code, including, but not268
limited to, any numeric, lettering, or symbol system, a written definition for each such269
code shall be provided within the description; and270
(B) The signature of the person recording the disciplinary action.271
(2) All disciplinary actions shall be recorded within 72 hours of being imposed.272
(g) Any intentional violation of this Code section shall be a violation of ethical policing.273 23 LC 48 0644
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35-11-5.274
(a) All law enforcement officers shall engage in ethical policing in the discharge of their275
duties.276
(b)(1) No law enforcement agency shall offer employment to any law enforcement277
officer without first requesting, receiving, and inspecting any information pertaining to278
such law enforcement officer and the history of his or her complaint records and records279
of disciplinary actions, including, but not limited to, information that has been recorded280
on the form provided for in Code Section 35-11-4, from any law enforcement agency that281
previously employed the law enforcement officer. The requirements of this paragraph282
shall apply to offers of employment or transfers within a law enforcement agency or283
affiliated divisions already employing such law enforcement officer.284
(2) In circumstances where there is no information pertaining to such law enforcement285
officer from his or her previous employment with a law enforcement agency, a law286
enforcement officer at the previous employing law enforcement agency shall certify in287
writing the absence of such information.288
(c) A law enforcement officer's complaint records and records of disciplinary action shall289
be part of the determination by the hiring law enforcement agency as to whether such law290
enforcement officer has the ability to carry out ethical policing.291
(d) No person with a complaint or disciplinary history indicative of conduct in violation292
of ethical policing shall serve as a law enforcement officer in this state.293
(e) Any violation of this Code section shall be a violation of ethical policing.294
35-11-6.295
(a) A law enforcement officer shall file a complaint in conformance with the duty to296
intervene and whenever he or she observes another law enforcement officer engage in297
conduct that violates the duty to safeguard life or hears about such conduct after it occurs.298 23 LC 48 0644
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(b) Law enforcement officers who file a complaint pursuant to subsection (a) of this Code299
section or who otherwise act in furtherance of subsection (a) of this Code section shall not300
be disciplined or retaliated against, either directly or indirectly, for filing such complaint.301
It shall be presumed that any disciplinary or retaliatory action taken against a law302
enforcement officer close in time after he or she files a complaint is in violation of this303
subsection.304
(c) Any law enforcement officer who violates this Code section shall be deemed to have305
violated ethical policing.306
35-11-7.307
(a) Members of the public or members of citizen review boards who file complaints308
alleging police misconduct shall not be subjected to retaliation or harassment, direct or309
indirect, for having filed such complaint.310
(b) Any law enforcement officer who violates this Code section shall be deemed to have311
violated ethical policing.312
(c) Any violation of this Code section shall be a misdemeanor.313
35-11-8.314
(a) Where a hearing has been scheduled in response to, or in resolution of, a complaint of315
police misconduct, written notice of such hearing shall be provided to the public. Such316
notice shall be posted at least five days in advance of the hearing on the website of the law317
enforcement agency and shall state the date, time, and address of the hearing, as well as the318
name of the subject or subjects of the hearing; provided, however, that written notice shall319
be sent to the complainant and proof of delivery shall be required.320
(b) All hearings scheduled in response to, or in resolution of, a complaint of police321
misconduct shall be open to the public pursuant to Chapter 14 of Title 50; provided,322 23 LC 48 0644
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however, that hearings may be closed to protect minors who are serving as witnesses and323
the identities of undercover law enforcement officers or informants.324
(c) Any violation of this Code section shall be a misdemeanor.325
35-11-9.326
(a) Where a complaint that alleges police misconduct involving bodily injury, racial327
profiling, sexual violence, or failure to act on the duty to intervene or duty to safeguard life328
is sustained by the investigating law enforcement agency or investigating law enforcement329
officer, the law enforcement officer who is the subject of the complaint shall have his or330
her certificate under Chapter 8 of Title 35, the 'Georgia Peace Officer Standards and331
Training Act,' revoked pursuant to Code Section 35-8-7.1.332
(b) Any law enforcement officer who has more than four disciplinary actions imposed333
against him or her or who has been found to have violated ethical policing pursuant to this334
Code section shall have his or her certificate under Chapter 8 of Title 35, the 'Georgia335
Peace Officer Standards and Training Act,' revoked pursuant to Code Section 35-8-7.1.336
35-11-10.337
All law enforcement officers shall carry professional liability insurance as a condition of338
employment with any law enforcement agency. The minimum value of such insurance339
shall not be less than $500,000.00.340
35-11-11.341
(a) Every law enforcement agency shall release an annual report summarizing the total342
number of complaints filed and disciplinary actions imposed against its law enforcement343
officers. Such report shall be available for inspection and shall be published on the law344
enforcement agency's website.345 23 LC 48 0644
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(b) The annual report provided for under subsection (a) of this Code section shall contain346
all of the following information, disaggregated, where applicable, by precinct:347
(1) The name of every law enforcement officer against whom a complaint alleging police348
misconduct has been sustained; the race or ethnicity of the person filing the complaint;349
if the complainant is different from the victim, the race and ethnicity of the victim; a350
description of the offending conduct; and the discipline imposed;351
(2) When any named law enforcement officer has multiple sustained complaints on352
record, the total number of sustained complaints against such law enforcement officer;353
(3) The total number of complaints filed against the law enforcement agency's law354
enforcement officers, disaggregated by disposition of the complaint at the time the annual355
report is released; and356
(4) The total number of disciplinary actions imposed on the law enforcement agency's357
law enforcement officers as a result of internal action not precipitated by a complaint of358
police misconduct, disaggregated by the type of discipline imposed.359
(c) The annual report provided for under subsection (a) of this Code section shall be360
permanently retained by such law enforcement agency.361
(d) Any violation of this Code section shall be a misdemeanor.362
35-11-12.363
Every law enforcement agency shall adopt and use an early warning system to track364
complaints filed against, and disciplinary actions imposed on, individual law enforcement365
officers. Such early warning system shall set forth the responsibility of law enforcement366
officers in supervisory positions to timely and properly respond to patterns suggestive of367
conduct incompatible with ethical policing. Such early warning system shall set forth the368
steps that must be taken and identify the disciplinary consequences, up to and including369
termination, when conduct incompatible with ethical policing is identified. Such early370
warning system shall also set forth the consequences for failing to timely and properly371 23 LC 48 0644
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respond to patterns suggestive of conduct incompatible with ethical policing. Where such372
early warning system indicates a pattern of conduct incompatible with ethical policing for373
an individual law enforcement officer and such incompatibility is confirmed after374
examination of the underlying records, the law enforcement officer shall be deemed to be375
in violation of ethical policing.376
35-11-13.377
(a) Any decision by a person authorizing the reinstatement of a law enforcement officer378
previously suspended or terminated shall be recorded on the form provided for under Code379
Section 35-11-4. If the reinstatement supersedes or otherwise changes the disposition on380
a previously filed complaint, the following information shall, at a minimum, be added to381
such form:382
(1) The name and rank of the subject law enforcement officer, prior to the action383
precipitating reinstatement;384
(2) The subject law enforcement officer's rank upon reinstatement; and385
(3) The name and rank of the person reinstating the law enforcement officer.386
(b) When a law enforcement officer is reinstated, public notice of the decision to reinstate387
shall be made no less than 72 hours prior to the law enforcement officer resuming388
employment.389
(c) Where there exists a citizen review board for the jurisdiction of a law enforcement390
agency reinstating a law enforcement officer, such citizen review board shall be informed,391
in writing, of the decision to reinstate prior to the law enforcement officer resuming392
employment.393
(d) Any violation of this Code section shall be a misdemeanor.394 23 LC 48 0644
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35-11-14.395
(a)(1) Where a law enforcement officer has reinstated more than three law enforcement396
officers pursuant to Code Section 35-11-13, such law enforcement officer's actions shall397
be immediately investigated for violation of ethical policing. Such investigation may be398
initiated by a complaint filed by a member of the public, by a citizen review board, or by399
the law enforcement agency.400
(2) Failure to investigate a law enforcement officer described in paragraph (1) of this401
subsection according to the provisions of subsection (b) of this Code section shall be a402
violation of ethical policing.403
(3) For the purposes of the investigation provided for in paragraph (1) of this subsection,404
violations of ethical policing shall include, but shall not be limited to:405
(A) Failure to thoroughly gather information and establish facts regarding the406
reinstated law enforcement officer's alleged police misconduct; and407
(B) Failure to determine and implement corrective actions regarding such reinstated408
law enforcement officer's alleged police misconduct.409
(b)(1) An investigation undertaken pursuant to this Code section shall be completed and410
a written determination of findings shall be issued within 60 days after such investigation411
is initiated.412
(2) Such findings shall be made available for inspection.413
(3) Where there exists a citizen review board for the jurisdiction of such law enforcement414
agency, the investigating law enforcement agency shall provide a copy of such findings415
to the citizen review board. 416
35-11-15.417
The basic training course provided for under Code Section 35-8-9 and all other training and418
certification requirements under Chapter 8 of Title 35, the 'Georgia Peace Officer Standards419
and Training Act,' shall include instruction on ethical policing."420 23 LC 48 0644
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PART III
421
SECTION 3-1.422
Article 2 of Chapter 21of Title 50 of the Official Code of Georgia Annotated, relating to state423
tort claims, is amended by revising paragraph (7) of Code Section 50-21-24, relating to424
exceptions to state liability, as follows:425
"(7) Assault, battery, false imprisonment, false arrest, malicious prosecution, abuse of
426
process, libel Libel, slander, or interference with contractual rights;"427
SECTION 3-2.428
Said article is further amended by revising subsection (a) of Code Section 50-21-25, relating429
to immunity of state officers or employees for acts within scope of official duties or430
employment, officer or employee not named in action against state, and settlement or431
judgment, as follows:432
"(a) This article constitutes the exclusive remedy for any tort committed by a state officer433
or employee. A state officer or employee who commits a tort while acting within the scope434
of his or her official duties or employment is not subject to lawsuit or liability therefor;435
provided, however, that a law enforcement officer who is alleged to have committed436
misconduct or a violation of law while acting within the scope of his or her official duties437
or employment shall be subject to lawsuit or liability. However, nothing Nothing in this438
article shall be construed to give a state officer or employee immunity from suit and439
liability if it is proved that the officer's or employee's conduct was not within the scope of440
his or her official duties or employment."441
SECTION 3-3.442
Said article is further amended by adding a new Code section to read as follows:443 23 LC 48 0644
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"50-21-25.1.444
(a) As used in this Code section, the term 'law enforcement officer' means any agent or445
officer of this state, a political subdivision or municipality of this state, an authority of this446
state, or a college or university in this state who, as a full-time or part-time employee, is447
vested either expressly by law or by virtue of public employment or service with the448
authority to enforce criminal or traffic laws through the power of arrest and whose duties449
include the preservation of public order, the protection of life and property, or the450
prevention, detection, or investigation of crime.451
(b) A law enforcement officer who, under color of law, subjects or causes any other person452
to be subjected to the deprivation of any individual rights secured by the Constitution of453
this state or the Constitution of the United States, including, but not limited to, by failing454
to act on the duty to intervene or the duty to safeguard life, shall be liable to the injured455
party for legal or equitable relief or any other appropriate relief.456
(c) No statutory immunities or immunities at law, including, but not limited to, qualified457
immunity, shall be a defense to liability pursuant to this Code section.458
(d) To the extent necessary for any actions to proceed under this Code section, the defense459
of sovereign immunity is waived as to any claim, counterclaim, cross-claim, or third-party460
claim brought in the courts of this state by an aggrieved person seeking legal or equitable461
relief or any other appropriate relief, including, but not limited to, reasonable attorney fees,462
pursuant to this Code section."463
PART IV464
SECTION 4-1.465
All laws and parts of laws in conflict with this Act are repealed.466