25 LC 56 0356S
The House Committee on Public Safety and Homeland Security offers the following
substitute to HB 246:
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 Georgia1
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 by the Georgia Peace Officer Standards4
and Training Council; to provide for penalties; to provide for submission of a form5
completed by the executive director of such council; to provide for an exception; to provide6
for attestation that any person qualifying for the office of sheriff who is not a certified peace7
officer but holds or has held certain other positions is capable of and will obtain such8
certification after obtaining the position; to provide for conforming changes; to provide for9
related matters; to provide for an effective date; to repeal conflicting laws; and for other10
purposes.11
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:12
SECTION 1.13
Code Section 15-16-1 of the Official Code of Georgia Annotated, relating to qualification14
requirements for sheriff and exemptions, is amended in subsection (c) by revising15
subparagraph (J) of paragraph (1) and paragraph (2) and by revising subsection (d) as16
follows:17
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"(J) At the time of qualifying as a candidate for the office of sheriff, Is a registered18
peace officer as provided in Code Section 35-8-10 or is a certified peace officer, as19
defined in Chapter 8 of Title 35, not under revocation by the Georgia Peace Officer20
Standards and Training Council and files with the officer before whom such person21
qualifies a form signed by the executive director of the Georgia Peace Officer Standards22
and Training Council, or his or her designee, that attests and certifies such; provided,23
however, that any person who is not a certified peace officer at the time of qualifying24
as a candidate for the office of sheriff but is a first responder, as such term is defined25
in Code Section 45-25-2, or former military officer, or is a former or current local, state,26
or federal law enforcement officer shall swear or affirm before the officer before whom27
such person has qualified to seek the office of sheriff that he or she is capable of and28
will complete the requirements for certification within six months after taking office. 29
Any person such first responder, former military officer, or such former or current30
local, state, or federal law enforcement officer who is not a registered or certified peace31
officer at the time such person assumes the office of sheriff shall be required to32
complete satisfactorily the requirements for certification as a peace officer as provided33
in Chapter 8 of Title 35 within six months after such person takes office; provided,34
however, that an extension of the time to complete such requirements may be granted35
by the Georgia Peace Officer Standards and Training Council upon the presentation of36
evidence by a sheriff that he or she was unable to complete the basic training course37
and certification requirements due to illness, injury, military service, or other reasons38
deemed sufficient by such council. The Georgia Peace Officer Standards and Training39
Council shall make every effort to ensure that space is available for newly elected40
sheriffs who are not certified or registered peace officers to attend the course as soon41
as possible after such persons take office. Such council shall notify the appropriate42
judge of the probate court whenever a newly elected sheriff who is not certified fails43
to become certified as a peace officer pursuant to the requirements of this subparagraph.44
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(2) Each person offering his or her candidacy for the office of sheriff shall at the time45
such person qualifies, swear or affirm before the officer before whom such person has46
qualified to seek the office of sheriff that he or she meets all of the qualifications required47
by this subsection, except as otherwise provided in subparagraph (J) of paragraph (1) of48
this subsection, and at the time such person qualifies, that he or she has complied or will49
comply with the requirements of subparagraph (G) of paragraph (1) of this subsection no50
later than the close of business on the third business day following the close of such51
qualification period, and that, if applicable, he or she will comply with the requirements52
of subparagraph (J) of paragraph (1) of this subsection within six months of taking office. 53
Any person who knowingly provides false information in executing the affidavit required54
by this paragraph commits the offense of false swearing within the meaning of and55
subject to the penalties prescribed in Code Section 16-10-71."56
"(d) Exemption. The requirements of subparagraphs (c)(1)(D), (c)(1)(E),57
through (c)(1)(F), (c)(1)(H), (c)(1)(I), and (c)(1)(J) of this Code section shall be deemed58
to have been met by any person who is currently serving as a duly qualified and elected59
sheriff of one of the several counties of this state."60
SECTION 2.61
Chapter 8 of Title 35 of the Official Code of Georgia Annotated, relating to employment and62
training of peace officers, is amended by revising Code Section 35-8-8, relating to63
requirements for appointment or certification of persons as peace officers and64
preemployment attendance at basic training course and "employment related information"65
defined, and by redesignating the current provisions of subsection (c) of said Code section66
as a new Code section to read as follows:67
"35-8-8.68
(a) Any person employed or certified as a peace officer shall:69
(1) Be at least 18 years of age;70
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(2) Be a citizen of the United States;71
(3) Have a high school diploma or its recognized equivalent;72
(4) Not have been convicted by any state or by the federal government of any crime the73
punishment for which could have been imprisonment in the federal or state prison or74
institution nor have been convicted of sufficient misdemeanors to establish a pattern of75
disregard for the law, provided that, for the purposes of this paragraph, violations of76
traffic laws and other offenses involving the operation of motor vehicles when the77
applicant has received a pardon shall not be considered;78
(5) Be fingerprinted for the purpose of conducting a fingerprint based search at the79
Georgia Bureau of Investigation and the Federal Bureau of Investigation to determine the80
existence of any criminal record;81
(6) Possess good moral character as determined by investigation under procedure82
established by the council and fully cooperate during the course of such investigation;83
(7) Be found, after examination by a licensed physician or surgeon, to be free from any84
physical, emotional, or mental conditions which might adversely affect his or her exercise85
of the powers or duties of a peace officer; and86
(8) Successfully complete a job related academy entrance examination provided for and87
administered by the council in conformity with state and federal law. Such examination88
shall be administered prior to entrance to the basic course provided for in Code89
Sections 35-8-9 and 35-8-11. The council may change or modify such examination and90
shall establish the criteria for determining satisfactory performance on such examination. 91
The provisions of this paragraph establish only the minimum requirements of academy92
entrance examinations for peace officer candidates in this state; each law enforcement93
unit is encouraged to provide such additional requirements and any preemployment94
examination as it deems necessary and appropriate. Any person with a degree from a95
postsecondary institution accredited by a regional accrediting agency recognized by the96
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United States Department of Education shall be deemed to have met the requirements of97
this paragraph.98
(b) Any person authorized to attend the basic training course prior to employment as a99
peace officer shall meet the requirements of subsection (a) of this Code section.100
(c) The executive director of the council, or his or her designee, shall promulgate a form101
which shall be available to any person seeking election to the office of sheriff. Such form102
shall provide for the attestation and certification by the executive director that the person103
seeking such form is a certified peace officer who is not under revocation by the council.104
35-8-8.1.105
(c)(1)(a) As used in this Code section For purposes of this subsection, the term106
'employment related information' means written information contained in a prior107
employer's records or personnel files that relates to an applicant's, candidate's, or peace108
officer's performance or behavior while employed by such prior employer, including109
performance evaluations, records of disciplinary actions, and eligibility for rehire. Such110
term shall not include information prohibited from disclosure by federal law or any111
document not in the possession of the employer at the time a request for such information112
is received.113
(2)(b)(1) Where an investigation is conducted for the purpose of hiring, certifying, or114
continuing the certification of a peace officer, an employer shall disclose employment115
related information to the investigating law enforcement agency upon receiving a written116
request from such agency. Disclosure shall only be required under this subsection if the117
law enforcement agency's request is accompanied by a copy of a signed, notarized118
statement from the applicant, candidate, or peace officer releasing and holding harmless119
such employer from any and all liability for disclosing complete and accurate information120
to the law enforcement agency.121
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(3)(2) An employer may charge a reasonable fee to cover actual costs incurred in122
copying and furnishing documents pursuant to this subsection to a requesting law123
enforcement agency, including retrieving and redacting costs, provided such amount shall124
not exceed $25.00 or 25ยข per page, whichever is greater. No employer shall be required125
to prepare or create any document not already in the employer's possession at the time a126
request for employment related information is received. Any employment related127
information provided pursuant to this subsection that is not subject to public disclosure128
while in the possession of a prior employer shall continue to be privileged and protected129
from public disclosure as a record of the requesting law enforcement agency.130
(4)(3) No employer or law enforcement agency shall be subject to any civil liability for131
any cause of action by virtue of disclosing complete and accurate information to a law132
enforcement agency in good faith and without malice pursuant to this subsection. In any133
such cause of action, malice or bad faith shall only be demonstrated by clear and134
convincing evidence. Nothing contained in this subsection shall be construed so as to135
affect or limit rights or remedies provided by federal law.136
(5)(4) Before taking final action on an application for employment based, in whole or in137
part, on any unfavorable employment related information received from a previous138
employer, a law enforcement agency shall inform the applicant, candidate, or peace139
officer that it has received such employment related information and that the applicant,140
candidate, or peace officer may inspect and respond in writing to such information. Upon141
the applicant's, candidate's, or peace officer's request, the law enforcement agency shall142
allow him or her to inspect the employment related information and to submit a written143
response to such information. The request for inspection shall be made within five144
business days from the date that the applicant, candidate, or peace officer is notified of145
the law enforcement agency's receipt of such employment related information. The146
inspection shall occur not later than ten business days after said notification. Any147
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response to the employment related information shall be made by the applicant,148
candidate, or peace officer not later than three business days after his or her inspection.149
(6)(5) Nothing contained in this Code section subsection shall be construed so as to150
require any person to provide self-incriminating information or otherwise to compel any151
person to act in violation of his or her right guaranteed by the Fifth Amendment of the152
United States Constitution and Article I, Section I, Paragraph XVI of the Georgia153
Constitution. It shall not be a violation of this Code section subsection for a person to fail154
to provide requested information based on a claim that such information is155
self-incriminating provided that notice of such claim is served in lieu of the requested156
information. An action against such person to require disclosure on the grounds that the157
claim of self-incrimination is not substantiated may be brought in the superior court of158
the county of such party's residence or where such information is located."159
SECTION 3.160
This Act shall become effective upon its approval by the Governor or upon its becoming law161
without such approval.162
SECTION 4.163
All laws and parts of laws in conflict with this Act are repealed.164
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