Georgia 2023-2024 Regular Session

Georgia Senate Bill SB37 Compare Versions

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1-24 SB 37/AP
2-Senate Bill 37
3-By: Senators Robertson of the 29th, Albers of the 56th, Hatchett of the 50th, Summers of the
4-13th, Kirkpatrick of the 32nd and others
5-AS PASSED
1+24 LC 39 4391S
2+The House Committee on Public Safety and Homeland Security offers the following
3+substitute to SB 37:
64 A BILL TO BE ENTITLED
75 AN ACT
8-To amend Article 1 of Chapter 16 of Title 15, Chapter 5 of Title 35 Code Section 40-6-6, and
9-1
10-Article 1 of Chapter 4 of Title 42 of the Official Code of Georgia Annotated, relating to2
11-general provisions regarding sheriffs, the Georgia Public Safety Training Center, authorized3
12-emergency vehicles and pursuit of fleeing suspects, and general provisions relative to jails,4
13-respectively, so as to allow sheriffs to receive certain additional salaries; to provide for5
14-jurisdiction, powers, and duties for peace officers appointed to the Georgia Public Safety6
15-Training Center law enforcement unit; to authorize the issuance of motor vehicles, uniforms,7
16-and weaponry to such peace officers; to prohibit the use of solid, flashing, or revolving blue8
17-lights by law enforcement officers outside the jurisdiction of his or her agency; to provide9
18-for exceptions; to provide jailers with arrest powers; to provide for related matters; to repeal10
19-conflicting laws; and for other purposes.11
20-BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:12
21-SECTION 1.13
22-Article 1 of Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to14
23-general provisions regarding sheriffs, is amended by revising Code Section 15-16-20.1,15
24-relating to additional salary, as follows:16
25-"15-16-20.1.17
26-S. B. 37
27-- 1 - 24 SB 37/AP
28-In addition to the minimum salary provided in Code Section 15-16-20, the sheriff of any
29-18
30-county who performs the duties of a sheriff for a state court, probate court, magistrate19
31-court, juvenile court, or county recorder's court under any applicable general or local law20
32-of this state shall receive for his or her services in such court or courts a salary of not less21
33-than $385.90 per month, to be paid from the funds of the county. A sheriff who serves in22
34-more than one such court shall receive only one
35- such salary for up to two courts. Such23
36-salaries shall not be eligible for increase for any state cost-of-living or general performance24
37-based increases."25
38-SECTION 2.26
39-Chapter 5 of Title 35 of the Official Code of Georgia Annotated, relating to Georgia Public27
40-Safety Training Center, is amended by revising Code Section 35-5-7, relating to security28
41-police force for the Georgia Public Safety Training Center, as follows:29
42-"35-5-7.30
43-(a) The administrator of the center, with the approval of the board, is authorized to31
44-establish a security police force law enforcement unit within the Georgia Public Safety32
45-Training Center. and appoint employees to serve as peace officers who shall be responsible33
46-for preserving public order, protecting life and property, and preventing crime. Such34
47-employees shall have been certified by the Georgia Peace Officer Standards and Training35
48-Council as having successfully completed the course of training required by Chapter 8 of36
49-this title, the 'Georgia Peace Officer Standards and Training Act.'37
50-(b) While in the performance of their duties on property of the Georgia Public Safety38
51-Training Center, such security police, such peace officers shall have the same law39
52-enforcement powers, including the power of arrest, as a any other law enforcement officer40
53-of the local government with police jurisdiction over such certified pursuant to Chapter 841
54-of this title, the 'Georgia Peace Officer Standards and Training Act.' The Georgia Public42
55-Safety Training Center law enforcement unit shall enforce laws on all properties controlled43
56-S. B. 37
57-- 2 - 24 SB 37/AP
58-by the Georgia Public Safety Training Center and enforce state laws and protect life and44
59-property when ordered by the Governor or requested by a sheriff of a county or police chief45
60-of a county or municipality in this state. Such officers shall be authorized to possess and46
61-carry such firearms and other weapons while on duty as may be prescribed by the47
62-administrator of the center.48
63-(c) From funds appropriated or available to the Georgia Public Safety Training Center, the49
64-administrator of the center shall be authorized to provide motor vehicles, uniforms,50
65-firearms, and any other equipment and supplies to employees of the Georgia Public Safety51
66-Training Center law enforcement unit necessary to carry out the provisions of this Code52
67-section.53
68-(d) This Code section shall not repeal, supersede, alter, or affect the power of any other54
69-law enforcement officer of this state or of any county, municipality, or other political55
70-subdivision of this state."56
71-SECTION 3.57
72-Article 1 of Chapter 4 of Title 42 of the Official Code of Georgia Annotated, relating to58
73-general provisions relative to jails, is amended by revising Code Section 42-4-1, relating to59
74-appointment of county and municipal jailers, as follows:60
75-"42-4-1.61
76-(a) By virtue of their offices, sheriffs are jailers of the counties and have the authority to62
77-appoint other jailers, subject to the supervision of the county governing authority, as63
78-prescribed by law.64
79-(b) By virtue of their offices, chiefs of police are the jailers of the municipal corporations65
80-and have the authority to appoint other jailers, subject to the supervision of the municipal66
81-governing authority, as prescribed by law. Each jailer of a municipal corporation shall67
82-maintain the records required of sheriffs by subsection (a) of Code Section 42-4-7.68
83-S. B. 37
84-- 3 - 24 SB 37/AP
85-(c) Jailers who have been certified by the Georgia Peace Officer Standards and Training69
86-Council as having successfully completed the course of training required by Chapter 8 of70
87-Title 35, the 'Georgia Peace Officer Standards and Training Act,' shall be authorized to71
88-arrest any person found to be in violation of a criminal law that occurs within the jail or72
89-within the perimeter guard lines of such jail established pursuant to subsection (j) of Code73
90-Section 42-4-13. Jailers shall be further authorized to exercise arrest powers upon any74
91-person for whom a complaint or arrest warrant is pending who surrenders into custody at75
92-his or her jail."76
93-SECTION 4.77
94-All laws and parts of laws in conflict with this Act are repealed.78
95-S. B. 37
96-- 4 -
6+To amend Article 1 of Chapter 16 of Title 15, Code Section 40-6-6, and Article 1 of1
7+Chapter 4 of Title 42 of the Official Code of Georgia Annotated, relating to general2
8+provisions regarding sheriffs, authorized emergency vehicles and pursuit of fleeing suspects,3
9+and general provisions relative to jails, respectively, so as to allow sheriffs to receive certain4
10+additional salaries; to prohibit the use of solid, flashing, or revolving blue lights by law5
11+enforcement officers outside the jurisdiction of his or her agency; to provide for exceptions;6
12+to provide jailers with arrest powers; to provide for related matters; to repeal conflicting7
13+laws; and for other purposes.8
14+BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:9
15+SECTION 1.10
16+Article 1 of Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to11
17+general provisions regarding sheriffs, is amended by revising Code Section 15-16-20.1,12
18+relating to additional salary, as follows:13
19+"15-16-20.1.14
20+In addition to the minimum salary provided in Code Section 15-16-20, the sheriff of any15
21+county who performs the duties of a sheriff for a state court, probate court, magistrate16
22+ S. B. 37 (SUB)
23+- 1 - 24 LC 39 4391S
24+court, juvenile court, or county recorder's court under any applicable general or local law17
25+of this state shall receive for his or her services in such court or courts a salary of not less18
26+than $385.90 per month, to be paid from the funds of the county. A sheriff who serves in19
27+more than one such court shall receive only one such salary for up to two courts. Such20
28+salaries shall not be eligible for increase for any state cost-of-living or general performance21
29+based increases."22
30+SECTION 2.23
31+Code Section 40-6-6 of the Official Code of Georgia Annotated, relating to authorized24
32+emergency vehicles and pursuit of fleeing suspects, by revising subsection (e) as follows:25
33+"(e)(1) Except when responding to an emergency call or when in the pursuit of an actual26
34+or suspected violator of the law, it shall be unlawful for an operator of a law enforcement27
35+vehicle to use solid, flashing, or revolving blue lights outside the jurisdiction of his or her28
36+agency.29
37+(2) It shall be unlawful for any person to operate an authorized emergency vehicle with30
38+flashing lights other than as authorized by subsection (c) of this Code section."31
39+SECTION 3.32
40+Article 1 of Chapter 4 of Title 42 of the Official Code of Georgia Annotated, relating to33
41+general provisions relative to jails, is amended by revising Code Section 42-4-1, relating to34
42+appointment of county and municipal jailers, as follows:35
43+"42-4-1.36
44+(a) By virtue of their offices, sheriffs are jailers of the counties and have the authority to37
45+appoint other jailers, subject to the supervision of the county governing authority, as38
46+prescribed by law.39
47+(b) By virtue of their offices, chiefs of police are the jailers of the municipal corporations40
48+and have the authority to appoint other jailers, subject to the supervision of the municipal41
49+ S. B. 37 (SUB)
50+- 2 - 24 LC 39 4391S
51+governing authority, as prescribed by law. Each jailer of a municipal corporation shall42
52+maintain the records required of sheriffs by subsection (a) of Code Section 42-4-7.43
53+(c) Jailers who have been certified by the Georgia Peace Officer Standards and Training44
54+Council as having successfully completed the course of training required by Chapter 8 of45
55+Title 35, the 'Georgia Peace Officer Standards and Training Act,' shall be authorized to46
56+arrest any person found to be in violation of a criminal law that occurs within the jail or47
57+within the perimeter guard lines of such jail established pursuant to subsection (j) of Code48
58+Section 42-4-13. Jailers shall be further authorized to exercise arrest powers upon any49
59+person for whom a complaint or arrest warrant is pending who surrenders into custody at50
60+his or her jail."51
61+SECTION 4.52
62+All laws and parts of laws in conflict with this Act are repealed.53
63+ S. B. 37 (SUB)
64+- 3 -