23 LC 48 0658
S. B. 37
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Senate Bill 37
By: Senators Robertson of the 29th, Albers of the 56th, Hatchett of the 50th, Summers of the
13th, Kirkpatrick of the 32nd and others
A BILL TO BE ENTITLED
AN ACT
To amend Article 1 of Chapter 16 of Title 15 of the Official Code of Georgia Annotated,
1
relating to general provisions regarding sheriffs, so as to revise qualification requirements2
for the office of sheriff; to require certification as a peace officer at the time of qualifying as3
a candidate for sheriff; to require such candidate to be in good standing with the Georgia4
Peace Officer Standards and Training Council; to provide for a confirming affidavit; to5
provide for a definition; to provide for related matters; to repeal conflicting laws; and for6
other purposes.7
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8
SECTION 1.9
Article 1 of Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to10
general provisions regarding sheriffs, is amended by revising subparagraph (c)(1)(J) of Code11
Section 15-16-1, relating to qualification requirements for sheriff and exemptions, as follows:12
"(J) At the time of qualifying as a candidate for the office of sheriff,
Is a registered13
peace officer as provided in Code Section 35-8-10 or is a certified peace officer as14
defined in Chapter 8 of Title 35 and is in good standing with the Georgia Peace Officer15
Standards and Training Council. Upon request of the person seeking to qualify as a16
candidate for the office of sheriff, the executive director of the Georgia Peace Officer17 23 LC 48 0658
S. B. 37
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Standards and Training Council shall create and provide for an affidavit attesting to18
such person's compliance with this subparagraph. Such affidavit shall be signed by the19
executive director of the Georgia Peace Officer Standards and Training Council, or his20
or her designee, and the person seeking to qualify as a candidate for the office of sheriff21
and shall be presented to the proper elections official prior to the end of the established22
period of qualification in order to qualify as a candidate. As used in this subparagraph,23
the term 'in good standing with the Georgia Peace Officer Standards and Training24
Council' means that a peace officer has never had his or her peace officer certification25
revoked by the Georgia Peace Officer Standards and Training Council; within the26
preceding five years, has not had his or her certification suspended by the Georgia27
Peace Officer Standards and Training Council; and, upon the opening date of the28
established period of qualification, is not under any sanction imposed by the Georgia29
Peace Officer Standards and Training Council. Any person who is not a registered or30
certified peace officer at the time such person assumes the office of sheriff shall be31
required to complete satisfactorily the requirements for certification as a peace officer32
as provided in Chapter 8 of Title 35 within six months after such person takes office;33
provided, however, that an extension of the time to complete such requirements may34
be granted by the Georgia Peace Officer Standards and Training Council upon the35
presentation of evidence by a sheriff that he or she was unable to complete the basic36
training course and certification requirements due to illness, injury, military service, or37
other reasons deemed sufficient by such council. The Georgia Peace Officer Standards38
and Training Council shall make every effort to ensure that space is available for newly39
elected sheriffs who are not certified or registered peace officers to attend the course40
as soon as possible after such persons take office. Such council shall notify the41
appropriate judge of the probate court whenever a newly elected sheriff who is not42
certified fails to become certified as a peace officer pursuant to the requirements of this43
subparagraph."44 23 LC 48 0658
S. B. 37
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SECTION 2.
45
All laws and parts of laws in conflict with this Act are repealed.46