| 1 | 1 | | 24 LC 57 0004 |
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| 2 | 2 | | House Bill 1514 |
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| 3 | 3 | | By: Representatives Lim of the 98 |
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| 4 | 4 | | th |
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| 5 | 5 | | , Lupton of the 83 |
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| 6 | 6 | | rd |
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| 7 | 7 | | , and Frye of the 122 |
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| 8 | 8 | | nd |
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| 9 | 9 | | |
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| 10 | 10 | | A BILL TO BE ENTITLED |
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| 11 | 11 | | AN ACT |
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| 12 | 12 | | To amend Title 35 of the Official Code of Georgia Annotated, relating to law enforcement |
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| 13 | 13 | | 1 |
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| 14 | 14 | | officers and agencies, so as to authorize county and municipal law enforcement agencies to2 |
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| 15 | 15 | | employ civilian personnel to investigate traffic accidents involving property damage; to3 |
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| 16 | 16 | | provide for violations and penalties; to provide for the establishment of a training program4 |
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| 17 | 17 | | for civilian traffic investigators by the Georgia Peace Officer Standards and Training5 |
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| 18 | 18 | | Council; to amend Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating6 |
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| 19 | 19 | | to the uniform rules of the road, so as to authorize civilian traffic investigators to assist in7 |
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| 20 | 20 | | directing and regulating the flow of traffic; to provide that civilian traffic investigators utilize8 |
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| 21 | 21 | | uniform motor vehicle accident reports and reporting procedures; to provide for related9 |
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| 22 | 22 | | matters; to repeal conflicting laws; and for other purposes.10 |
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| 23 | 23 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:11 |
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| 24 | 24 | | SECTION 1.12 |
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| 25 | 25 | | Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and13 |
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| 26 | 26 | | agencies, is amended by adding a new Code section to read as follows:14 |
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| 27 | 27 | | H. B. 1514 |
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| 28 | 28 | | - 1 - 24 LC 57 0004 |
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| 29 | 29 | | "35-1-24.15 |
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| 30 | 30 | | (a) For purposes of this Code section, the term 'civilian traffic investigator' means16 |
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| 31 | 31 | | nonsworn law enforcement employees who assist in the investigation of traffic accidents17 |
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| 32 | 32 | | involving property damage to an apparent extent of $500.00 or more.18 |
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| 33 | 33 | | (b) A county or municipal law enforcement agency of this state shall be authorized to19 |
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| 34 | 34 | | employ, designate, equip, and train civilian traffic investigators.20 |
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| 35 | 35 | | (c) No county or municipal law enforcement agency shall employ civilian traffic21 |
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| 36 | 36 | | investigators for purposes of reducing or replacing sworn law enforcement officers.22 |
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| 37 | 37 | | (d) No civilian traffic investigator shall exercise any of the powers or authority which are23 |
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| 38 | 38 | | by law vested in the office of sheriff or any other peace officer, including the power of24 |
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| 39 | 39 | | arrest, except as may be authorized by law. Nor shall such individual:25 |
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| 40 | 40 | | (1) Have the power to possess and carry firearms and other weapons for the purpose of26 |
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| 41 | 41 | | investigating motor vehicle traffic accidents; provided, however, that any individual who27 |
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| 42 | 42 | | is a lawful weapons carrier as such term is defined in Code Section 16-11-125.1 shall not28 |
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| 43 | 43 | | be in violation of this paragraph; or29 |
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| 44 | 44 | | (2) Be issued a weapon of any type by the county or municipal law enforcement agency.30 |
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| 45 | 45 | | (e) A county or municipal law enforcement agency that employs civilian traffic31 |
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| 46 | 46 | | investigators shall establish the minimum standards for employment.32 |
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| 47 | 47 | | (f) Each civilian traffic investigator shall attend and complete a uniform training program33 |
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| 48 | 48 | | established by the Georgia Peace Officer Standards and Training Council. Such program34 |
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| 49 | 49 | | shall at a minimum consist of four hours of instruction and include education on motor35 |
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| 50 | 50 | | vehicle accident investigation. Upon completion of such program, each civilian traffic36 |
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| 51 | 51 | | investigator shall spend not less than four weeks of field training with a law enforcement37 |
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| 52 | 52 | | officer who has experience conducting traffic accident investigations.38 |
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| 53 | 53 | | (g) A civilian traffic investigator shall be issued the following by a county or municipal39 |
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| 54 | 54 | | law enforcement agency:40 |
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| 55 | 55 | | H. B. 1514 |
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| 56 | 56 | | - 2 - 24 LC 57 0004 |
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| 57 | 57 | | (1) Credentials identifying the individual as such and which shall be produced upon41 |
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| 58 | 58 | | request by an individual involved in or a witness to a motor vehicle traffic accident; and42 |
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| 59 | 59 | | (2) A uniform that is substantially different in color and style from any law enforcement43 |
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| 60 | 60 | | officer in this state and which displays the name of the civilian traffic investigator and44 |
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| 61 | 61 | | patches that identify the individual as a civilian traffic investigator. Such uniform shall45 |
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| 62 | 62 | | remain the property of the law enforcement agency that employs the civilian traffic46 |
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| 63 | 63 | | investigator.47 |
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| 64 | 64 | | (h) No civilian traffic investigator employed pursuant to the authority of this Code section48 |
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| 65 | 65 | | shall be issued a badge as defined in Code Section 35-10-3.49 |
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| 66 | 66 | | (i) No vehicle issued to, or used by, a civil traffic investigator shall bear markings or50 |
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| 67 | 67 | | symbols that identify the vehicle as a law enforcement vehicle. Such vehicle may have51 |
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| 68 | 68 | | emergency equipment and lights installed; provided, however, that no such vehicle shall52 |
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| 69 | 69 | | be equipped with flashing, blinking, revolving, or stationary blue lights.53 |
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| 70 | 70 | | (j) A civilian traffic investigator who investigates a motor vehicle accident shall instruct54 |
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| 71 | 71 | | the driver of each motor vehicle in an accident to report the following to all other parties55 |
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| 72 | 72 | | suffering property damage as an apparent result of the accident:56 |
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| 73 | 73 | | (1) The name and address of the operator of the motor vehicle and the name and address57 |
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| 74 | 74 | | of the registered owner of the motor vehicle if the operator of the motor vehicle is not the58 |
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| 75 | 75 | | owner;59 |
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| 76 | 76 | | (2) The license number of the motor vehicle; and60 |
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| 77 | 77 | | (3) The name of the liability insurance carrier for the motor vehicle or the fact that such61 |
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| 78 | 78 | | operator has a certificate of self-insurance issued pursuant to Code Section 33-34-5.1.62 |
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| 79 | 79 | | (k) A civilian traffic investigator shall use uniform accident reports and procedures set63 |
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| 80 | 80 | | forth in Code Section 40-6-278 and shall have the same authority as a law enforcement64 |
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| 81 | 81 | | officer to direct, control, or regulate traffic for the express purpose of towing or removing65 |
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| 82 | 82 | | a vehicle that is obstructing a highway.66 |
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| 83 | 83 | | H. B. 1514 |
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| 84 | 84 | | - 3 - 24 LC 57 0004 |
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| 85 | 85 | | (l) It shall be unlawful for any individual to willfully obstruct, resist, impede, or interfere67 |
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| 86 | 86 | | with a civilian traffic investigator employed pursuant to this Code section in connection68 |
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| 87 | 87 | | with such individual's investigation or to retaliate or discriminate in any manner against69 |
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| 88 | 88 | | such individual as a reprisal for any act or omission of such individual. Any violation of70 |
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| 89 | 89 | | this subsection shall be punishable as a misdemeanor."71 |
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| 90 | 90 | | SECTION 2.72 |
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| 91 | 91 | | Said title is further amended by revising Code Section 35-8-7, relating to powers and duties73 |
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| 92 | 92 | | of the Georgia Peace Officer Standards and Training Council, as follows:74 |
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| 93 | 93 | | "35-8-7.75 |
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| 94 | 94 | | The council is vested with the following powers and duties:76 |
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| 95 | 95 | | (1) To meet at such times and places as it may deem necessary;77 |
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| 96 | 96 | | (2) To contract with other agencies, public or private, or persons as it deems necessary78 |
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| 97 | 97 | | for the rendering and affording of such services, facilities, studies, and reports to the79 |
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| 98 | 98 | | council as will best assist it to carry out its duties and responsibilities;80 |
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| 99 | 99 | | (3) To cooperate with and secure the cooperation of every department, agency, or81 |
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| 100 | 100 | | instrumentality in the state government or its political subdivisions in the furtherance of82 |
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| 101 | 101 | | the purposes of this chapter;83 |
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| 102 | 102 | | (4) To establish criteria to be used in certifying schools authorized to conduct training84 |
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| 103 | 103 | | required by this chapter;85 |
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| 104 | 104 | | (5) To certify schools as authorized to conduct training required by this chapter;86 |
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| 105 | 105 | | (6) To prescribe minimum qualifications for directors of schools certified to conduct87 |
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| 106 | 106 | | training required by this chapter;88 |
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| 107 | 107 | | (7) To certify such school directors;89 |
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| 108 | 108 | | (8) To establish minimum qualifications for instructors at schools certified to conduct90 |
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| 109 | 109 | | training required by this chapter;91 |
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| 110 | 110 | | (9) To certify instructors authorized to conduct training required by this chapter;92 |
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| 111 | 111 | | H. B. 1514 |
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| 112 | 112 | | - 4 - 24 LC 57 0004 |
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| 113 | 113 | | (10) To reevaluate certified schools annually to determine if such schools shall continue |
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| 114 | 114 | | 93 |
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| 115 | 115 | | to be certified;94 |
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| 116 | 116 | | (11) To withdraw or suspend certification of schools, school directors, and instructors95 |
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| 117 | 117 | | who fail to continue to meet or maintain, at any given time, the criteria and qualifications96 |
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| 118 | 118 | | required for school, school director, or instructor certification;97 |
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| 119 | 119 | | (12) To determine whether a candidate has met the requirements of this chapter and is98 |
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| 120 | 120 | | qualified to be employed as a peace officer and to issue a certificate to those so qualified;99 |
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| 121 | 121 | | (13) To certify to designated law enforcement units a candidate's successful completion100 |
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| 122 | 122 | | of the course;101 |
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| 123 | 123 | | (14) To refuse to grant a certificate to or to discipline a certified peace officer or an102 |
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| 124 | 124 | | exempt peace officer under this chapter or any antecedent law;103 |
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| 125 | 125 | | (15) To establish and modify the curriculum, including the methods of instruction,104 |
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| 126 | 126 | | composing the basic training courses and to set the minimum number of hours therefor;105 |
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| 127 | 127 | | (15.1) To establish a uniform training program for civilian traffic investigators which |
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| 128 | 128 | | 106 |
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| 129 | 129 | | shall be made available to civilian traffic investigators employed by a county or107 |
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| 130 | 130 | | municipality pursuant to Code Section 35-1-24;108 |
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| 131 | 131 | | (16) To establish and recommend curricula for such advanced, in-service, and109 |
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| 132 | 132 | | specialized training courses as the council shall deem advisable and to recognize the110 |
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| 133 | 133 | | completion of such courses by the issuance of certificates;111 |
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| 134 | 134 | | (17) To provide technical assistance as requested by law enforcement units;112 |
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| 135 | 135 | | (18) To provide for and administer the registration of all exempt peace officers;113 |
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| 136 | 136 | | (19) To research, plan, and establish policy relative to peace officer training and to114 |
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| 137 | 137 | | develop and coordinate the delivery of peace officer training programs through such115 |
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| 138 | 138 | | agencies and institutions as the council may deem appropriate;116 |
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| 139 | 139 | | (20) To establish as part of the curriculum for basic and in-service training courses for117 |
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| 140 | 140 | | all peace officers training on organized criminal activity and criminal street gangs;118 |
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| 141 | 141 | | H. B. 1514 |
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| 142 | 142 | | - 5 - 24 LC 57 0004 |
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| 143 | 143 | | (21) To develop, adopt, and issue advanced or professional peace officer certificates |
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| 144 | 144 | | 119 |
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| 145 | 145 | | based upon the attainment of specified education, advanced or specialized training, and120 |
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| 146 | 146 | | experience as the council may determine;121 |
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| 147 | 147 | | (22) To provide and administer the certification of persons qualified to operate radar122 |
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| 148 | 148 | | speed detection devices and to withdraw or suspend such certificates as provided for in123 |
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| 149 | 149 | | this chapter;124 |
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| 150 | 150 | | (23) To impose administrative fees, as determined by the council, for services provided125 |
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| 151 | 151 | | pursuant to the provisions of this chapter;126 |
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| 152 | 152 | | (24) To adopt in accordance with Chapter 13 of Title 50, the 'Georgia Administrative127 |
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| 153 | 153 | | Procedure Act,' such rules and regulations as are necessary to carry out the purposes of128 |
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| 154 | 154 | | this chapter; and129 |
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| 155 | 155 | | (25) To do any and all things necessary or convenient to enable it to perform wholly and130 |
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| 156 | 156 | | adequately its duties and to exercise the power granted to it."131 |
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| 157 | 157 | | SECTION 3.132 |
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| 158 | 158 | | Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to uniform rules133 |
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| 159 | 159 | | of the road, is amended by revising Code Section 40-6-2, relating to obedience to authorized134 |
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| 160 | 160 | | persons directing traffic, as follows:135 |
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| 161 | 161 | | "40-6-2.136 |
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| 162 | 162 | | No person shall fail or refuse to comply with any lawful order or direction of any law137 |
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| 163 | 163 | | enforcement officer or firefighter, nonsworn employee or volunteer authorized under Code138 |
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| 164 | 164 | | Section 35-1-11, or |
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| 165 | 165 | | individual designated under Code Section 20-2-1131, or civilian traffic139 |
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| 166 | 166 | | investigator employed pursuant to Code Section 35-1-24 with the authority to direct,140 |
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| 167 | 167 | | control, or regulate traffic."141 |
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| 168 | 168 | | H. B. 1514 |
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| 169 | 169 | | - 6 - 24 LC 57 0004 |
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| 170 | 170 | | SECTION 4. |
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| 171 | 171 | | 142 |
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| 172 | 172 | | Said chapter is further amended by revising Code Section 40-6-278, relating to uniform143 |
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| 173 | 173 | | motor vehicle accident reports and reporting procedures, as follows:144 |
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| 174 | 174 | | "40-6-278.145 |
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| 175 | 175 | | The commissioner of transportation shall prescribe, by rule, uniform motor vehicle accident146 |
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| 176 | 176 | | reports and reporting procedures which shall be used by all police officers, whether state,147 |
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| 177 | 177 | | county, or municipal and by all civilian traffic investigators, whether county or municipal |
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| 178 | 178 | | .148 |
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| 179 | 179 | | The rules shall be adopted in accordance with Chapter 13 of Title 50, the 'Georgia149 |
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| 180 | 180 | | Administrative Procedure Act.' The rules may require one type of report and reporting150 |
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| 181 | 181 | | procedure for motor vehicle accidents in which property damage alone is involved and151 |
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| 182 | 182 | | another type of report and reporting procedure for motor vehicle accidents involving152 |
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| 183 | 183 | | personal injury or death. The commissioner may, by rule, require additional investigation153 |
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| 184 | 184 | | or reports in case of serious bodily injury or death."154 |
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| 185 | 185 | | SECTION 5.155 |
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| 186 | 186 | | All laws and parts of laws in conflict with this Act are repealed.156 |
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| 187 | 187 | | H. B. 1514 |
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| 188 | 188 | | - 7 - |
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