25 LC 39 4539
House Bill 246
By: Representatives Gaines of the 120
th
, Crowe of the 118
th
, Greene of the 154
th
, Erwin of
the 32
nd
, Mathis of the 133
rd
, and others
A BILL TO BE ENTITLED
AN ACT
To amend Code Section 15-16-1 and Chapter 8 of Title 35 of the Official Code of Georgia
1
Annotated, relating to qualification requirements for sheriff and exemptions and employment2
and training of peace officers, respectively, so as to require a person qualifying as a candidate3
for sheriff be a peace officer not under revocation or suspension by the Georgia Peace4
Officer Standards and Training Council; to provide for a penalty; to provide for submission5
of a form completed by the executive director of such council; to provide for related matters;6
to provide for an effective date; to repeal conflicting laws; and for other purposes.7
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8
SECTION 1.9
Code Section 15-16-1 of the Official Code of Georgia Annotated, relating to qualification10
requirements for sheriff and exemptions, is amended in subsection (c) by revising11
subparagraph (J) of paragraph (1) and paragraph (2) and by revising subsection (d) as12
follows:13
"(J) At the time of qualifying as a candidate for the office of sheriff,
Is a registered14
peace officer as provided in Code Section 35-8-10 or is a certified peace officer, as15
defined in Chapter 8 of Title 35, not under revocation or suspension by the Georgia16
H. B. 246
- 1 - 25 LC 39 4539
Peace Officer Standards and Training Council and files with the officer before whom17
such person qualifies a form signed by the executive director of the Georgia Peace18
Officer Standards and Training Council, or his or her designee, that attests and19
certifies such. Any person who is not a registered or certified peace officer at the time20
such person assumes the office of sheriff shall be required to complete satisfactorily21
the requirements for certification as a peace officer as provided in Chapter 8 of Title22
35 within six months after such person takes office; provided, however, that an23
extension of the time to complete such requirements may be granted by the Georgia24
Peace Officer Standards and Training Council upon the presentation of evidence by25
a sheriff that he or she was unable to complete the basic training course and26
certification requirements due to illness, injury, military service, or other reasons27
deemed sufficient by such council. The Georgia Peace Officer Standards and28
Training Council shall make every effort to ensure that space is available for newly29
elected sheriffs who are not certified or registered peace officers to attend the course30
as soon as possible after such persons take office. Such council shall notify the31
appropriate judge of the probate court whenever a newly elected sheriff who is not32
certified fails to become certified as a peace officer pursuant to the requirements of33
this subparagraph.34
(2) Each person offering his or her candidacy for the office of sheriff shall, at the time35
such person qualifies, swear or affirm before the officer before whom such person has36
qualified to seek the office of sheriff that he or she meets all of the qualifications37
required by this subsection, except as otherwise provided in subparagraph (J) of38
paragraph (1) of this subsection, and that he or she has complied or will comply with39
the requirements of subparagraph (G) of paragraph (1) of this subsection no later than40
the close of business on the third business day following the close of such qualification41
period. Any person who knowingly provides false information in executing the42
H. B. 246
- 2 - 25 LC 39 4539
affidavit required by this paragraph commits the offense of false swearing within the43
meaning of and subject to the penalties prescribed in Code Section 16-10-71."44
"(d) Exemption. The requirements of subparagraphs (c)(1)(D), (c)(1)(E),45
through (c)(1)(F), (c)(1)(H), and (c)(1)(I), and (c)(1)(J) of this Code section shall be46
deemed to have been met by any person who is currently serving as a duly qualified and47
elected sheriff of one of the several counties of this state."48
SECTION 2.49
Chapter 8 of Title 35 of the Official Code of Georgia Annotated, relating to employment and50
training of peace officers, is amended by revising Code Section 35-8-8, relating to51
requirements for appointment or certification of persons as peace officers and52
preemployment attendance at basic training course and "employment related information"53
defined, and by redesignating the current provisions of subsection (c) of said Code section54
as a new Code section to read as follows:55
"35-8-8.56
(a) Any person employed or certified as a peace officer shall:57
(1) Be at least 18 years of age;58
(2) Be a citizen of the United States;59
(3) Have a high school diploma or its recognized equivalent;60
(4) Not have been convicted by any state or by the federal government of any crime the61
punishment for which could have been imprisonment in the federal or state prison or62
institution nor have been convicted of sufficient misdemeanors to establish a pattern of63
disregard for the law, provided that, for the purposes of this paragraph, violations of64
traffic laws and other offenses involving the operation of motor vehicles when the65
applicant has received a pardon shall not be considered;66
H. B. 246
- 3 - 25 LC 39 4539
(5) Be fingerprinted for the purpose of conducting a fingerprint based search at the
67
Georgia Bureau of Investigation and the Federal Bureau of Investigation to determine the68
existence of any criminal record;69
(6) Possess good moral character as determined by investigation under procedure70
established by the council and fully cooperate during the course of such investigation;71
(7) Be found, after examination by a licensed physician or surgeon, to be free from any72
physical, emotional, or mental conditions which might adversely affect his or her exercise73
of the powers or duties of a peace officer; and74
(8) Successfully complete a job related academy entrance examination provided for and75
administered by the council in conformity with state and federal law. Such examination76
shall be administered prior to entrance to the basic course provided for in Code77
Sections 35-8-9 and 35-8-11. The council may change or modify such examination and78
shall establish the criteria for determining satisfactory performance on such examination. 79
The provisions of this paragraph establish only the minimum requirements of academy80
entrance examinations for peace officer candidates in this state; each law enforcement81
unit is encouraged to provide such additional requirements and any preemployment82
examination as it deems necessary and appropriate. Any person with a degree from a83
postsecondary institution accredited by a regional accrediting agency recognized by the84
United States Department of Education shall be deemed to have met the requirements of85
this paragraph.86
(b) Any person authorized to attend the basic training course prior to employment as a87
peace officer shall meet the requirements of subsection (a) of this Code section.88
(c) The executive director of the council, or his or her designee, shall promulgate a form
89
which shall be available to any person seeking election to the office of sheriff. Such form90
shall provide for the attestation and certification by the executive director that the person91
seeking such form is a certified peace office who is not under revocation or suspension by92
the council.93
H. B. 246
- 4 - 25 LC 39 4539
35-8-8.1.94
(c)(1) For purposes of this subsection (a) As used in this Code section, the term95
'employment related information' means written information contained in a prior96
employer's records or personnel files that relates to an applicant's, candidate's, or peace97
officer's performance or behavior while employed by such prior employer, including98
performance evaluations, records of disciplinary actions, and eligibility for rehire. Such99
term shall not include information prohibited from disclosure by federal law or any100
document not in the possession of the employer at the time a request for such information101
is received.102
(2)(b)(1) Where an investigation is conducted for the purpose of hiring, certifying, or103
continuing the certification of a peace officer, an employer shall disclose employment104
related information to the investigating law enforcement agency upon receiving a written105
request from such agency. Disclosure shall only be required under this subsection if the106
law enforcement agency's request is accompanied by a copy of a signed, notarized107
statement from the applicant, candidate, or peace officer releasing and holding harmless108
such employer from any and all liability for disclosing complete and accurate information109
to the law enforcement agency.110
(3)(2) An employer may charge a reasonable fee to cover actual costs incurred in111
copying and furnishing documents pursuant to this subsection to a requesting law112
enforcement agency, including retrieving and redacting costs, provided such amount shall113
not exceed $25.00 or 25ยข per page, whichever is greater. No employer shall be required114
to prepare or create any document not already in the employer's possession at the time a115
request for employment related information is received. Any employment related116
information provided pursuant to this subsection that is not subject to public disclosure117
while in the possession of a prior employer shall continue to be privileged and protected118
from public disclosure as a record of the requesting law enforcement agency.119
H. B. 246
- 5 - 25 LC 39 4539
(4)(3) No employer or law enforcement agency shall be subject to any civil liability for120
any cause of action by virtue of disclosing complete and accurate information to a law121
enforcement agency in good faith and without malice pursuant to this subsection. In any122
such cause of action, malice or bad faith shall only be demonstrated by clear and123
convincing evidence. Nothing contained in this subsection shall be construed so as to124
affect or limit rights or remedies provided by federal law.125
(5)(4) Before taking final action on an application for employment based, in whole or in126
part, on any unfavorable employment related information received from a previous127
employer, a law enforcement agency shall inform the applicant, candidate, or peace128
officer that it has received such employment related information and that the applicant,129
candidate, or peace officer may inspect and respond in writing to such information. Upon130
the applicant's, candidate's, or peace officer's request, the law enforcement agency shall131
allow him or her to inspect the employment related information and to submit a written132
response to such information. The request for inspection shall be made within five133
business days from the date that the applicant, candidate, or peace officer is notified of134
the law enforcement agency's receipt of such employment related information. The135
inspection shall occur not later than ten business days after said notification. Any136
response to the employment related information shall be made by the applicant,137
candidate, or peace officer not later than three business days after his or her inspection.138
(6)(5) Nothing contained in this Code section subsection shall be construed so as to139
require any person to provide self-incriminating information or otherwise to compel any140
person to act in violation of his or her right guaranteed by the Fifth Amendment of the141
United States Constitution and Article I, Section I, Paragraph XVI of the Georgia142
Constitution. It shall not be a violation of this Code section subsection for a person to fail143
to provide requested information based on a claim that such information is144
self-incriminating provided that notice of such claim is served in lieu of the requested145
information. An action against such person to require disclosure on the grounds that the146
H. B. 246
- 6 - 25 LC 39 4539
claim of self-incrimination is not substantiated may be brought in the superior court of
147
the county of such party's residence or where such information is located."148
SECTION 3.149
This Act shall become effective upon its approval by the Governor or upon its becoming law150
without such approval.151
SECTION 4.152
All laws and parts of laws in conflict with this Act are repealed.153
H. B. 246
- 7 -