23 LC 39 3899S
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The Senate Committee on Public Safety offered the following
substitute to HB 167:
A BILL TO BE ENTITLED
AN ACT
To amend Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated,1
relating to dangerous instrumentalities and practices, so as to provide for an exception to the2
definition of firearm in relation to possession of firearm or knife during commission of or3
attempt to commit certain crimes and Brady Law regulations; to amend Chapter 5 of Title4
35 of the Official Code of Georgia Annotated, relating to Georgia Public Safety Training5
Center, so as to authorize the establishment of a law enforcement unit within the center; to6
provide for training standards; to provide for state-wide jurisdiction and arrest powers to7
peace officers employed by the center; to provide for related matters; to repeal conflicting8
laws; and for other purposes.9
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:10
SECTION 1.11
Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to12
dangerous instrumentalities and practices, is amended in Code Section 16-11-106, relating13
to possession of firearm or knife during commission of or attempt to commit certain crimes,14
by adding a new subsection to read as follows:15 23 LC 39 3899S
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"(f) A stun gun or taser lawfully possessed by a peace officer shall not be considered a16
firearm under this Code section."17
SECTION 2.18
Said article is further amended in Code Section 16-11-171, relating to definitions relative to19
Brady Law regulations, by revising paragraph (3) as follows:20
"(3) 'Firearm' means any weapon that is designed to or may readily be converted to expel21
a projectile by the action of an explosive or the frame or receiver of any such weapon,22
any firearm muffler or firearm silencer, or any destructive device as defined in 18 U.S.C.23
Section 921(a)(3). Such term shall not include any stun gun or taser as such term is24
defined in Code Section 16-11-106."25
SECTION 3.26
Chapter 5 of Title 35 of the Official Code of Georgia Annotated, relating to Georgia Public27
Safety Training Center, is amended in Code Section 35-5-5, relating to center available for28
use by certain personnel, fees, enrollment, authorization for expenditure of funds, and powers29
and duties, by adding a new subsection to read as follows:30
"(e) Subject to funds appropriated for such purpose and rules and regulations prescribed31
by the board, the administrator of the center shall be authorized to expend funds for costs32
associated with necessary equipment and personnel for the purposes of establishing and33
maintaining a law enforcement unit pursuant to Code Section 35-5-7."34
SECTION 4.35
Said chapter is further amended by revising Code Section 35-5-7, relating to security police36
force, as follows:37 23 LC 39 3899S
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"35-5-7.38
(a) The administrator of the center, with the approval of the board, is shall be authorized39
to establish a security police force law enforcement unit within the Georgia Public Safety40
Training Center. and to appoint and employ peace officers for the preservation of public41
order, the protection of life and property, and the enforcement of laws. Personnel in such42
positions shall comply with the requirements of Chapter 8 of this title, the 'Georgia Peace43
Officer Standards and Training Act.'44
(b) Officers employed pursuant to this Code section shall have jurisdiction throughout this45
state and shall have the power of arrest in the performance of their duties. While in the46
performance of their duties on property of the Georgia Public Safety Training Center, such47
security police shall have the same law enforcement powers, including the power of arrest,48
as a law enforcement officer of the local government with police jurisdiction over such49
Georgia Public Safety Training Center.50
(c) This Code section shall not repeal, supersede, alter, or affect the power of any other51
law enforcement officer of this state or of any county, municipality, or other political52
subdivision of this state."53
SECTION 5.54
All laws and parts of laws in conflict with this Act are repealed.55