24 LC 57 0084
House Bill 1333
By: Representatives Evans of the 89
th
, Drenner of the 85
th
, Davis of the 87
th
, Roberts of the
52
nd
, Mitchell of the 88
th
, and others
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 authorize county and municipal law enforcement agencies to2
employ civilian personnel to investigate traffic accidents involving property damage; to3
provide for violations and penalties; to provide for the establishment of a training program4
for civilian traffic investigators by the Georgia Peace Officer Standards and Training5
Council; to amend Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating6
to the uniform rules of the road, so as to authorize civilian traffic investigators to assist in7
directing and regulating the flow of traffic; to provide that civilian traffic investigators utilize8
uniform motor vehicle accident reports and reporting procedures; to provide for related9
matters; to repeal conflicting laws; and for other purposes.10
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:11
SECTION 1.12
Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and13
agencies, is amended by adding a new Code section to read as follows:14
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"35-1-24.15
(a) For purposes of this Code section, the term 'civilian traffic investigator' means16
nonsworn law enforcement employees who assist in the investigation of traffic accidents17
involving property damage to an apparent extent of $500.00 or more.18
(b) A county or municipal law enforcement agency of this state shall be authorized to19
employ, designate, equip, and train civilian traffic investigators.20
(c) No county or municipal law enforcement agency shall employ civilian traffic21
investigators for purposes of reducing or replacing sworn law enforcement officers.22
(d) No civilian traffic investigator shall exercise any of the powers or authority which are23
by law vested in the office of sheriff or any other peace officer, including the power of24
arrest, except as may be authorized by law. Nor shall such individual:25
(1) Have the power to possess and carry firearms and other weapons for the purpose of26
investigating motor vehicle traffic accidents; provided, however, that any individual who27
is a lawful weapons carrier as such term is defined in Code Section 16-11-125.1 shall not28
be in violation of this paragraph; or29
(2) Be issued a weapon of any type by the county or municipal law enforcement agency.30
(e) A county or municipal law enforcement agency that employs civilian traffic31
investigators shall establish the minimum standards for employment.32
(f) Each civilian traffic investigator shall attend and complete a uniform training program33
established by the Georgia Peace Officer Standards and Training Council. Such program34
shall at a minimum consist of four hours of instruction and include education on motor35
vehicle accident investigation. Upon completion of such program, each civilian traffic36
investigator shall spend not less than four weeks of field training with a law enforcement37
officer who has experience conducting traffic accident investigations.38
(g) A civilian traffic investigator shall be issued the following by a county or municipal39
law enforcement agency:40
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(1) Credentials identifying the individual as such and which shall be produced upon41
request by an individual involved in or a witness to a motor vehicle traffic accident; and42
(2) A uniform that is substantially different in color and style from any law enforcement43
officer in this state and which displays the name of the civilian traffic investigator and44
patches that identify the individual as a civilian traffic investigator. Such uniform shall45
remain the property of the law enforcement agency that employs the civilian traffic46
investigator.47
(h) No civilian traffic investigator employed pursuant to the authority of this Code section48
shall be issued a badge as defined in Code Section 35-10-3.49
(i) No vehicle issued to, or used by, a civil traffic investigator shall bear markings or50
symbols that identify the vehicle as a law enforcement vehicle. Such vehicle may have51
emergency equipment and lights installed; provided, however, that no such vehicle shall52
be equipped with flashing, blinking, revolving, or stationary blue lights.53
(j) A civilian traffic investigator who investigates a motor vehicle accident shall instruct54
the driver of each motor vehicle in an accident to report the following to all other parties55
suffering property damage as an apparent result of the accident:56
(1) The name and address of the operator of the motor vehicle and the name and address57
of the registered owner of the motor vehicle if the operator of the motor vehicle is not the58
owner;59
(2) The license number of the motor vehicle; and60
(3) The name of the liability insurance carrier for the motor vehicle or the fact that such61
operator has a certificate of self-insurance issued pursuant to Code Section 33-34-5.1.62
(k) A civilian traffic investigator shall use uniform accident reports and procedures set63
forth in Code Section 40-6-278 and shall have the same authority as a law enforcement64
officer to direct, control, or regulate traffic for the express purpose of towing or removing65
a vehicle that is obstructing a highway.66
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(l) It shall be unlawful for any individual to willfully obstruct, resist, impede, or interfere67
with a civilian traffic investigator employed pursuant to this Code section in connection68
with such individual's investigation or to retaliate or discriminate in any manner against69
such individual as a reprisal for any act or omission of such individual. Any violation of70
this subsection shall be punishable as a misdemeanor."71
SECTION 2.72
Said title is further amended by revising Code Section 35-8-7, relating to powers and duties73
of the Georgia Peace Officer Standards and Training Council, as follows:74
"35-8-7.75
The council is vested with the following powers and duties:76
(1) To meet at such times and places as it may deem necessary;77
(2) To contract with other agencies, public or private, or persons as it deems necessary78
for the rendering and affording of such services, facilities, studies, and reports to the79
council as will best assist it to carry out its duties and responsibilities;80
(3) To cooperate with and secure the cooperation of every department, agency, or81
instrumentality in the state government or its political subdivisions in the furtherance of82
the purposes of this chapter;83
(4) To establish criteria to be used in certifying schools authorized to conduct training84
required by this chapter;85
(5) To certify schools as authorized to conduct training required by this chapter;86
(6) To prescribe minimum qualifications for directors of schools certified to conduct87
training required by this chapter;88
(7) To certify such school directors;89
(8) To establish minimum qualifications for instructors at schools certified to conduct90
training required by this chapter;91
(9) To certify instructors authorized to conduct training required by this chapter;92
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(10) To reevaluate certified schools annually to determine if such schools shall continue
93
to be certified;94
(11) To withdraw or suspend certification of schools, school directors, and instructors95
who fail to continue to meet or maintain, at any given time, the criteria and qualifications96
required for school, school director, or instructor certification;97
(12) To determine whether a candidate has met the requirements of this chapter and is98
qualified to be employed as a peace officer and to issue a certificate to those so qualified;99
(13) To certify to designated law enforcement units a candidate's successful completion100
of the course;101
(14) To refuse to grant a certificate to or to discipline a certified peace officer or an102
exempt peace officer under this chapter or any antecedent law;103
(15) To establish and modify the curriculum, including the methods of instruction,104
composing the basic training courses and to set the minimum number of hours therefor;105
(15.1) To establish a uniform training program for civilian traffic investigators which
106
shall be made available to civilian traffic investigators employed by a county or107
municipality pursuant to Code Section 35-1-24;108
(16) To establish and recommend curricula for such advanced, in-service, and109
specialized training courses as the council shall deem advisable and to recognize the110
completion of such courses by the issuance of certificates;111
(17) To provide technical assistance as requested by law enforcement units;112
(18) To provide for and administer the registration of all exempt peace officers;113
(19) To research, plan, and establish policy relative to peace officer training and to114
develop and coordinate the delivery of peace officer training programs through such115
agencies and institutions as the council may deem appropriate;116
(20) To establish as part of the curriculum for basic and in-service training courses for117
all peace officers training on organized criminal activity and criminal street gangs;118
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(21) To develop, adopt, and issue advanced or professional peace officer certificates
119
based upon the attainment of specified education, advanced or specialized training, and120
experience as the council may determine;121
(22) To provide and administer the certification of persons qualified to operate radar122
speed detection devices and to withdraw or suspend such certificates as provided for in123
this chapter;124
(23) To impose administrative fees, as determined by the council, for services provided125
pursuant to the provisions of this chapter;126
(24) To adopt in accordance with Chapter 13 of Title 50, the 'Georgia Administrative127
Procedure Act,' such rules and regulations as are necessary to carry out the purposes of128
this chapter; and129
(25) To do any and all things necessary or convenient to enable it to perform wholly and130
adequately its duties and to exercise the power granted to it."131
SECTION 3.132
Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to uniform rules133
of the road, is amended by revising Code Section 40-6-2, relating to obedience to authorized134
persons directing traffic, as follows:135
"40-6-2.136
No person shall fail or refuse to comply with any lawful order or direction of any law137
enforcement officer or firefighter, nonsworn employee or volunteer authorized under Code138
Section 35-1-11, or
individual designated under Code Section 20-2-1131, or civilian traffic139
investigator employed pursuant to Code Section 35-1-24 with the authority to direct,140
control, or regulate traffic."141
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SECTION 4.
142
Said chapter is further amended by revising Code Section 40-6-278, relating to uniform143
motor vehicle accident reports and reporting procedures, as follows:144
"40-6-278.145
The commissioner of transportation shall prescribe, by rule, uniform motor vehicle accident146
reports and reporting procedures which shall be used by all police officers, whether state,147
county, or municipal and by all civilian traffic investigators, whether county or municipal
. 148
The rules shall be adopted in accordance with Chapter 13 of Title 50, the 'Georgia149
Administrative Procedure Act.' The rules may require one type of report and reporting150
procedure for motor vehicle accidents in which property damage alone is involved and151
another type of report and reporting procedure for motor vehicle accidents involving152
personal injury or death. The commissioner may, by rule, require additional investigation153
or reports in case of serious bodily injury or death."154
SECTION 5.155
All laws and parts of laws in conflict with this Act are repealed.156
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