| 9 | | - | for sheriff be a peace officer not under revocation by the Georgia Peace Officer Standards4 |
|---|
| 10 | | - | and Training Council; to provide for penalties; to provide for submission of a form5 |
|---|
| 11 | | - | completed by the executive director of such council; to provide for an exception; to provide6 |
|---|
| 12 | | - | for attestation that any person qualifying for the office of sheriff who is not a certified peace7 |
|---|
| 13 | | - | officer but holds or has held certain other positions is capable of and will obtain such8 |
|---|
| 14 | | - | certification after obtaining the position; to provide for conforming changes; to provide for9 |
|---|
| 15 | | - | related matters; to provide for an effective date; to repeal conflicting laws; and for other10 |
|---|
| 16 | | - | purposes.11 |
|---|
| 17 | | - | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:12 |
|---|
| 18 | | - | SECTION 1.13 |
|---|
| 19 | | - | Code Section 15-16-1 of the Official Code of Georgia Annotated, relating to qualification14 |
|---|
| 20 | | - | requirements for sheriff and exemptions, is amended in subsection (c) by revising15 |
|---|
| 21 | | - | subparagraph (J) of paragraph (1) and paragraph (2) and by revising subsection (d) as16 |
|---|
| 22 | | - | follows:17 |
|---|
| 23 | | - | H. B. 246 (SUB) |
|---|
| 24 | | - | - 1 - 25 LC 56 0356S |
|---|
| 25 | | - | "(J) At the time of qualifying as a candidate for the office of sheriff, Is a registered18 |
|---|
| 26 | | - | peace officer as provided in Code Section 35-8-10 or is a certified peace officer, as19 |
|---|
| 27 | | - | defined in Chapter 8 of Title 35, not under revocation by the Georgia Peace Officer20 |
|---|
| 28 | | - | Standards and Training Council and files with the officer before whom such person21 |
|---|
| 29 | | - | qualifies a form signed by the executive director of the Georgia Peace Officer Standards22 |
|---|
| 30 | | - | and Training Council, or his or her designee, that attests and certifies such; provided,23 |
|---|
| 31 | | - | however, that any person who is not a certified peace officer at the time of qualifying24 |
|---|
| 32 | | - | as a candidate for the office of sheriff but is a first responder, as such term is defined25 |
|---|
| 33 | | - | in Code Section 45-25-2, or former military officer, or is a former or current local, state,26 |
|---|
| 34 | | - | or federal law enforcement officer shall swear or affirm before the officer before whom27 |
|---|
| 35 | | - | such person has qualified to seek the office of sheriff that he or she is capable of and28 |
|---|
| 36 | | - | will complete the requirements for certification within six months after taking office. 29 |
|---|
| 37 | | - | Any person such first responder, former military officer, or such former or current30 |
|---|
| 38 | | - | local, state, or federal law enforcement officer who is not a registered or certified peace31 |
|---|
| 39 | | - | officer at the time such person assumes the office of sheriff shall be required to32 |
|---|
| 40 | | - | complete satisfactorily the requirements for certification as a peace officer as provided33 |
|---|
| 41 | | - | in Chapter 8 of Title 35 within six months after such person takes office; provided,34 |
|---|
| 42 | | - | however, that an extension of the time to complete such requirements may be granted35 |
|---|
| 43 | | - | by the Georgia Peace Officer Standards and Training Council upon the presentation of36 |
|---|
| 44 | | - | evidence by a sheriff that he or she was unable to complete the basic training course37 |
|---|
| 45 | | - | and certification requirements due to illness, injury, military service, or other reasons38 |
|---|
| 46 | | - | deemed sufficient by such council. The Georgia Peace Officer Standards and Training39 |
|---|
| 47 | | - | Council shall make every effort to ensure that space is available for newly elected40 |
|---|
| 48 | | - | sheriffs who are not certified or registered peace officers to attend the course as soon41 |
|---|
| 49 | | - | as possible after such persons take office. Such council shall notify the appropriate42 |
|---|
| 50 | | - | judge of the probate court whenever a newly elected sheriff who is not certified fails43 |
|---|
| 51 | | - | to become certified as a peace officer pursuant to the requirements of this subparagraph.44 |
|---|
| 52 | | - | H. B. 246 (SUB) |
|---|
| 53 | | - | - 2 - 25 LC 56 0356S |
|---|
| 54 | | - | (2) Each person offering his or her candidacy for the office of sheriff shall at the time45 |
|---|
| 55 | | - | such person qualifies, swear or affirm before the officer before whom such person has46 |
|---|
| 56 | | - | qualified to seek the office of sheriff that he or she meets all of the qualifications required47 |
|---|
| 57 | | - | by this subsection, except as otherwise provided in subparagraph (J) of paragraph (1) of48 |
|---|
| 58 | | - | this subsection, and at the time such person qualifies, that he or she has complied or will49 |
|---|
| 59 | | - | comply with the requirements of subparagraph (G) of paragraph (1) of this subsection no50 |
|---|
| 60 | | - | later than the close of business on the third business day following the close of such51 |
|---|
| 61 | | - | qualification period, and that, if applicable, he or she will comply with the requirements52 |
|---|
| 62 | | - | of subparagraph (J) of paragraph (1) of this subsection within six months of taking office. 53 |
|---|
| 63 | | - | Any person who knowingly provides false information in executing the affidavit required54 |
|---|
| 64 | | - | by this paragraph commits the offense of false swearing within the meaning of and55 |
|---|
| 65 | | - | subject to the penalties prescribed in Code Section 16-10-71."56 |
|---|
| 66 | | - | "(d) Exemption. The requirements of subparagraphs (c)(1)(D), (c)(1)(E),57 |
|---|
| 67 | | - | through (c)(1)(F), (c)(1)(H), (c)(1)(I), and (c)(1)(J) of this Code section shall be deemed58 |
|---|
| 68 | | - | to have been met by any person who is currently serving as a duly qualified and elected59 |
|---|
| 69 | | - | sheriff of one of the several counties of this state."60 |
|---|
| 70 | | - | SECTION 2.61 |
|---|
| 71 | | - | Chapter 8 of Title 35 of the Official Code of Georgia Annotated, relating to employment and62 |
|---|
| 72 | | - | training of peace officers, is amended by revising Code Section 35-8-8, relating to63 |
|---|
| 73 | | - | requirements for appointment or certification of persons as peace officers and64 |
|---|
| 74 | | - | preemployment attendance at basic training course and "employment related information"65 |
|---|
| 75 | | - | defined, and by redesignating the current provisions of subsection (c) of said Code section66 |
|---|
| 76 | | - | as a new Code section to read as follows:67 |
|---|
| 77 | | - | "35-8-8.68 |
|---|
| 78 | | - | (a) Any person employed or certified as a peace officer shall:69 |
|---|
| 79 | | - | (1) Be at least 18 years of age;70 |
|---|
| 80 | | - | H. B. 246 (SUB) |
|---|
| 81 | | - | - 3 - 25 LC 56 0356S |
|---|
| 82 | | - | (2) Be a citizen of the United States;71 |
|---|
| 83 | | - | (3) Have a high school diploma or its recognized equivalent;72 |
|---|
| 84 | | - | (4) Not have been convicted by any state or by the federal government of any crime the73 |
|---|
| 85 | | - | punishment for which could have been imprisonment in the federal or state prison or74 |
|---|
| 86 | | - | institution nor have been convicted of sufficient misdemeanors to establish a pattern of75 |
|---|
| 87 | | - | disregard for the law, provided that, for the purposes of this paragraph, violations of76 |
|---|
| 88 | | - | traffic laws and other offenses involving the operation of motor vehicles when the77 |
|---|
| 89 | | - | applicant has received a pardon shall not be considered;78 |
|---|
| 90 | | - | (5) Be fingerprinted for the purpose of conducting a fingerprint based search at the79 |
|---|
| 91 | | - | Georgia Bureau of Investigation and the Federal Bureau of Investigation to determine the80 |
|---|
| 92 | | - | existence of any criminal record;81 |
|---|
| 93 | | - | (6) Possess good moral character as determined by investigation under procedure82 |
|---|
| 94 | | - | established by the council and fully cooperate during the course of such investigation;83 |
|---|
| 95 | | - | (7) Be found, after examination by a licensed physician or surgeon, to be free from any84 |
|---|
| 96 | | - | physical, emotional, or mental conditions which might adversely affect his or her exercise85 |
|---|
| 97 | | - | of the powers or duties of a peace officer; and86 |
|---|
| 98 | | - | (8) Successfully complete a job related academy entrance examination provided for and87 |
|---|
| 99 | | - | administered by the council in conformity with state and federal law. Such examination88 |
|---|
| 100 | | - | shall be administered prior to entrance to the basic course provided for in Code89 |
|---|
| 101 | | - | Sections 35-8-9 and 35-8-11. The council may change or modify such examination and90 |
|---|
| 102 | | - | shall establish the criteria for determining satisfactory performance on such examination. 91 |
|---|
| 103 | | - | The provisions of this paragraph establish only the minimum requirements of academy92 |
|---|
| 104 | | - | entrance examinations for peace officer candidates in this state; each law enforcement93 |
|---|
| 105 | | - | unit is encouraged to provide such additional requirements and any preemployment94 |
|---|
| 106 | | - | examination as it deems necessary and appropriate. Any person with a degree from a95 |
|---|
| 107 | | - | postsecondary institution accredited by a regional accrediting agency recognized by the96 |
|---|
| 108 | | - | H. B. 246 (SUB) |
|---|
| 109 | | - | - 4 - 25 LC 56 0356S |
|---|
| 110 | | - | United States Department of Education shall be deemed to have met the requirements of97 |
|---|
| 111 | | - | this paragraph.98 |
|---|
| 112 | | - | (b) Any person authorized to attend the basic training course prior to employment as a99 |
|---|
| 113 | | - | peace officer shall meet the requirements of subsection (a) of this Code section.100 |
|---|
| 114 | | - | (c) The executive director of the council, or his or her designee, shall promulgate a form101 |
|---|
| 115 | | - | which shall be available to any person seeking election to the office of sheriff. Such form102 |
|---|
| 116 | | - | shall provide for the attestation and certification by the executive director that the person103 |
|---|
| 117 | | - | seeking such form is a certified peace officer who is not under revocation by the council.104 |
|---|
| 118 | | - | 35-8-8.1.105 |
|---|
| 119 | | - | (c)(1)(a) As used in this Code section For purposes of this subsection, the term106 |
|---|
| 120 | | - | 'employment related information' means written information contained in a prior107 |
|---|
| 121 | | - | employer's records or personnel files that relates to an applicant's, candidate's, or peace108 |
|---|
| 122 | | - | officer's performance or behavior while employed by such prior employer, including109 |
|---|
| 123 | | - | performance evaluations, records of disciplinary actions, and eligibility for rehire. Such110 |
|---|
| 124 | | - | term shall not include information prohibited from disclosure by federal law or any111 |
|---|
| 125 | | - | document not in the possession of the employer at the time a request for such information112 |
|---|
| 126 | | - | is received.113 |
|---|
| 127 | | - | (2)(b)(1) Where an investigation is conducted for the purpose of hiring, certifying, or114 |
|---|
| 128 | | - | continuing the certification of a peace officer, an employer shall disclose employment115 |
|---|
| 129 | | - | related information to the investigating law enforcement agency upon receiving a written116 |
|---|
| 130 | | - | request from such agency. Disclosure shall only be required under this subsection if the117 |
|---|
| 131 | | - | law enforcement agency's request is accompanied by a copy of a signed, notarized118 |
|---|
| 132 | | - | statement from the applicant, candidate, or peace officer releasing and holding harmless119 |
|---|
| 133 | | - | such employer from any and all liability for disclosing complete and accurate information120 |
|---|
| 134 | | - | to the law enforcement agency.121 |
|---|
| 135 | | - | H. B. 246 (SUB) |
|---|
| 136 | | - | - 5 - 25 LC 56 0356S |
|---|
| 137 | | - | (3)(2) An employer may charge a reasonable fee to cover actual costs incurred in122 |
|---|
| 138 | | - | copying and furnishing documents pursuant to this subsection to a requesting law123 |
|---|
| 139 | | - | enforcement agency, including retrieving and redacting costs, provided such amount shall124 |
|---|
| 140 | | - | not exceed $25.00 or 25¢ per page, whichever is greater. No employer shall be required125 |
|---|
| 141 | | - | to prepare or create any document not already in the employer's possession at the time a126 |
|---|
| 142 | | - | request for employment related information is received. Any employment related127 |
|---|
| 143 | | - | information provided pursuant to this subsection that is not subject to public disclosure128 |
|---|
| 144 | | - | while in the possession of a prior employer shall continue to be privileged and protected129 |
|---|
| 145 | | - | from public disclosure as a record of the requesting law enforcement agency.130 |
|---|
| 146 | | - | (4)(3) No employer or law enforcement agency shall be subject to any civil liability for131 |
|---|
| 147 | | - | any cause of action by virtue of disclosing complete and accurate information to a law132 |
|---|
| 148 | | - | enforcement agency in good faith and without malice pursuant to this subsection. In any133 |
|---|
| 149 | | - | such cause of action, malice or bad faith shall only be demonstrated by clear and134 |
|---|
| 150 | | - | convincing evidence. Nothing contained in this subsection shall be construed so as to135 |
|---|
| 151 | | - | affect or limit rights or remedies provided by federal law.136 |
|---|
| 152 | | - | (5)(4) Before taking final action on an application for employment based, in whole or in137 |
|---|
| 153 | | - | part, on any unfavorable employment related information received from a previous138 |
|---|
| 154 | | - | employer, a law enforcement agency shall inform the applicant, candidate, or peace139 |
|---|
| 155 | | - | officer that it has received such employment related information and that the applicant,140 |
|---|
| 156 | | - | candidate, or peace officer may inspect and respond in writing to such information. Upon141 |
|---|
| 157 | | - | the applicant's, candidate's, or peace officer's request, the law enforcement agency shall142 |
|---|
| 158 | | - | allow him or her to inspect the employment related information and to submit a written143 |
|---|
| 159 | | - | response to such information. The request for inspection shall be made within five144 |
|---|
| 160 | | - | business days from the date that the applicant, candidate, or peace officer is notified of145 |
|---|
| 161 | | - | the law enforcement agency's receipt of such employment related information. The146 |
|---|
| 162 | | - | inspection shall occur not later than ten business days after said notification. Any147 |
|---|
| 163 | | - | H. B. 246 (SUB) |
|---|
| 164 | | - | - 6 - 25 LC 56 0356S |
|---|
| 165 | | - | response to the employment related information shall be made by the applicant,148 |
|---|
| 166 | | - | candidate, or peace officer not later than three business days after his or her inspection.149 |
|---|
| 167 | | - | (6)(5) Nothing contained in this Code section subsection shall be construed so as to150 |
|---|
| 168 | | - | require any person to provide self-incriminating information or otherwise to compel any151 |
|---|
| 169 | | - | person to act in violation of his or her right guaranteed by the Fifth Amendment of the152 |
|---|
| 170 | | - | United States Constitution and Article I, Section I, Paragraph XVI of the Georgia153 |
|---|
| 171 | | - | Constitution. It shall not be a violation of this Code section subsection for a person to fail154 |
|---|
| 172 | | - | to provide requested information based on a claim that such information is155 |
|---|
| 173 | | - | self-incriminating provided that notice of such claim is served in lieu of the requested156 |
|---|
| 174 | | - | information. An action against such person to require disclosure on the grounds that the157 |
|---|
| 175 | | - | claim of self-incrimination is not substantiated may be brought in the superior court of158 |
|---|
| 176 | | - | the county of such party's residence or where such information is located."159 |
|---|
| 177 | | - | SECTION 3.160 |
|---|
| 178 | | - | This Act shall become effective upon its approval by the Governor or upon its becoming law161 |
|---|
| 179 | | - | without such approval.162 |
|---|
| 180 | | - | SECTION 4.163 |
|---|
| 181 | | - | All laws and parts of laws in conflict with this Act are repealed.164 |
|---|
| 182 | | - | H. B. 246 (SUB) |
|---|
| 21 | + | for sheriff be a peace officer not under revocation or suspension by the Georgia Peace4 |
|---|
| 22 | + | Officer Standards and Training Council; to provide for a penalty; to provide for submission5 |
|---|
| 23 | + | of a form completed by the executive director of such council; to provide for related matters;6 |
|---|
| 24 | + | to provide for an effective date; to repeal conflicting laws; and for other purposes.7 |
|---|
| 25 | + | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8 |
|---|
| 26 | + | SECTION 1.9 |
|---|
| 27 | + | Code Section 15-16-1 of the Official Code of Georgia Annotated, relating to qualification10 |
|---|
| 28 | + | requirements for sheriff and exemptions, is amended in subsection (c) by revising11 |
|---|
| 29 | + | subparagraph (J) of paragraph (1) and paragraph (2) and by revising subsection (d) as12 |
|---|
| 30 | + | follows:13 |
|---|
| 31 | + | "(J) At the time of qualifying as a candidate for the office of sheriff, |
|---|
| 32 | + | Is a registered14 |
|---|
| 33 | + | peace officer as provided in Code Section 35-8-10 or is a certified peace officer, as15 |
|---|
| 34 | + | defined in Chapter 8 of Title 35, not under revocation or suspension by the Georgia16 |
|---|
| 35 | + | H. B. 246 |
|---|
| 36 | + | - 1 - 25 LC 39 4539 |
|---|
| 37 | + | Peace Officer Standards and Training Council and files with the officer before whom17 |
|---|
| 38 | + | such person qualifies a form signed by the executive director of the Georgia Peace18 |
|---|
| 39 | + | Officer Standards and Training Council, or his or her designee, that attests and19 |
|---|
| 40 | + | certifies such. Any person who is not a registered or certified peace officer at the time20 |
|---|
| 41 | + | such person assumes the office of sheriff shall be required to complete satisfactorily21 |
|---|
| 42 | + | the requirements for certification as a peace officer as provided in Chapter 8 of Title22 |
|---|
| 43 | + | 35 within six months after such person takes office; provided, however, that an23 |
|---|
| 44 | + | extension of the time to complete such requirements may be granted by the Georgia24 |
|---|
| 45 | + | Peace Officer Standards and Training Council upon the presentation of evidence by25 |
|---|
| 46 | + | a sheriff that he or she was unable to complete the basic training course and26 |
|---|
| 47 | + | certification requirements due to illness, injury, military service, or other reasons27 |
|---|
| 48 | + | deemed sufficient by such council. The Georgia Peace Officer Standards and28 |
|---|
| 49 | + | Training Council shall make every effort to ensure that space is available for newly29 |
|---|
| 50 | + | elected sheriffs who are not certified or registered peace officers to attend the course30 |
|---|
| 51 | + | as soon as possible after such persons take office. Such council shall notify the31 |
|---|
| 52 | + | appropriate judge of the probate court whenever a newly elected sheriff who is not32 |
|---|
| 53 | + | certified fails to become certified as a peace officer pursuant to the requirements of33 |
|---|
| 54 | + | this subparagraph.34 |
|---|
| 55 | + | (2) Each person offering his or her candidacy for the office of sheriff shall, at the time35 |
|---|
| 56 | + | such person qualifies, swear or affirm before the officer before whom such person has36 |
|---|
| 57 | + | qualified to seek the office of sheriff that he or she meets all of the qualifications37 |
|---|
| 58 | + | required by this subsection, except as otherwise provided in subparagraph (J) of38 |
|---|
| 59 | + | paragraph (1) of this subsection, and that he or she has complied or will comply with39 |
|---|
| 60 | + | the requirements of subparagraph (G) of paragraph (1) of this subsection no later than40 |
|---|
| 61 | + | the close of business on the third business day following the close of such qualification41 |
|---|
| 62 | + | period. Any person who knowingly provides false information in executing the42 |
|---|
| 63 | + | H. B. 246 |
|---|
| 64 | + | - 2 - 25 LC 39 4539 |
|---|
| 65 | + | affidavit required by this paragraph commits the offense of false swearing within the43 |
|---|
| 66 | + | meaning of and subject to the penalties prescribed in Code Section 16-10-71."44 |
|---|
| 67 | + | "(d) Exemption. The requirements of subparagraphs (c)(1)(D), (c)(1)(E),45 |
|---|
| 68 | + | through (c)(1)(F), (c)(1)(H), and (c)(1)(I), and (c)(1)(J) of this Code section shall be46 |
|---|
| 69 | + | deemed to have been met by any person who is currently serving as a duly qualified and47 |
|---|
| 70 | + | elected sheriff of one of the several counties of this state."48 |
|---|
| 71 | + | SECTION 2.49 |
|---|
| 72 | + | Chapter 8 of Title 35 of the Official Code of Georgia Annotated, relating to employment and50 |
|---|
| 73 | + | training of peace officers, is amended by revising Code Section 35-8-8, relating to51 |
|---|
| 74 | + | requirements for appointment or certification of persons as peace officers and52 |
|---|
| 75 | + | preemployment attendance at basic training course and "employment related information"53 |
|---|
| 76 | + | defined, and by redesignating the current provisions of subsection (c) of said Code section54 |
|---|
| 77 | + | as a new Code section to read as follows:55 |
|---|
| 78 | + | "35-8-8.56 |
|---|
| 79 | + | (a) Any person employed or certified as a peace officer shall:57 |
|---|
| 80 | + | (1) Be at least 18 years of age;58 |
|---|
| 81 | + | (2) Be a citizen of the United States;59 |
|---|
| 82 | + | (3) Have a high school diploma or its recognized equivalent;60 |
|---|
| 83 | + | (4) Not have been convicted by any state or by the federal government of any crime the61 |
|---|
| 84 | + | punishment for which could have been imprisonment in the federal or state prison or62 |
|---|
| 85 | + | institution nor have been convicted of sufficient misdemeanors to establish a pattern of63 |
|---|
| 86 | + | disregard for the law, provided that, for the purposes of this paragraph, violations of64 |
|---|
| 87 | + | traffic laws and other offenses involving the operation of motor vehicles when the65 |
|---|
| 88 | + | applicant has received a pardon shall not be considered;66 |
|---|
| 89 | + | H. B. 246 |
|---|
| 90 | + | - 3 - 25 LC 39 4539 |
|---|
| 91 | + | (5) Be fingerprinted for the purpose of conducting a fingerprint based search at the |
|---|
| 92 | + | 67 |
|---|
| 93 | + | Georgia Bureau of Investigation and the Federal Bureau of Investigation to determine the68 |
|---|
| 94 | + | existence of any criminal record;69 |
|---|
| 95 | + | (6) Possess good moral character as determined by investigation under procedure70 |
|---|
| 96 | + | established by the council and fully cooperate during the course of such investigation;71 |
|---|
| 97 | + | (7) Be found, after examination by a licensed physician or surgeon, to be free from any72 |
|---|
| 98 | + | physical, emotional, or mental conditions which might adversely affect his or her exercise73 |
|---|
| 99 | + | of the powers or duties of a peace officer; and74 |
|---|
| 100 | + | (8) Successfully complete a job related academy entrance examination provided for and75 |
|---|
| 101 | + | administered by the council in conformity with state and federal law. Such examination76 |
|---|
| 102 | + | shall be administered prior to entrance to the basic course provided for in Code77 |
|---|
| 103 | + | Sections 35-8-9 and 35-8-11. The council may change or modify such examination and78 |
|---|
| 104 | + | shall establish the criteria for determining satisfactory performance on such examination. 79 |
|---|
| 105 | + | The provisions of this paragraph establish only the minimum requirements of academy80 |
|---|
| 106 | + | entrance examinations for peace officer candidates in this state; each law enforcement81 |
|---|
| 107 | + | unit is encouraged to provide such additional requirements and any preemployment82 |
|---|
| 108 | + | examination as it deems necessary and appropriate. Any person with a degree from a83 |
|---|
| 109 | + | postsecondary institution accredited by a regional accrediting agency recognized by the84 |
|---|
| 110 | + | United States Department of Education shall be deemed to have met the requirements of85 |
|---|
| 111 | + | this paragraph.86 |
|---|
| 112 | + | (b) Any person authorized to attend the basic training course prior to employment as a87 |
|---|
| 113 | + | peace officer shall meet the requirements of subsection (a) of this Code section.88 |
|---|
| 114 | + | (c) The executive director of the council, or his or her designee, shall promulgate a form |
|---|
| 115 | + | 89 |
|---|
| 116 | + | which shall be available to any person seeking election to the office of sheriff. Such form90 |
|---|
| 117 | + | shall provide for the attestation and certification by the executive director that the person91 |
|---|
| 118 | + | seeking such form is a certified peace office who is not under revocation or suspension by92 |
|---|
| 119 | + | the council.93 |
|---|
| 120 | + | H. B. 246 |
|---|
| 121 | + | - 4 - 25 LC 39 4539 |
|---|
| 122 | + | 35-8-8.1.94 |
|---|
| 123 | + | (c)(1) For purposes of this subsection (a) As used in this Code section, the term95 |
|---|
| 124 | + | 'employment related information' means written information contained in a prior96 |
|---|
| 125 | + | employer's records or personnel files that relates to an applicant's, candidate's, or peace97 |
|---|
| 126 | + | officer's performance or behavior while employed by such prior employer, including98 |
|---|
| 127 | + | performance evaluations, records of disciplinary actions, and eligibility for rehire. Such99 |
|---|
| 128 | + | term shall not include information prohibited from disclosure by federal law or any100 |
|---|
| 129 | + | document not in the possession of the employer at the time a request for such information101 |
|---|
| 130 | + | is received.102 |
|---|
| 131 | + | (2)(b)(1) Where an investigation is conducted for the purpose of hiring, certifying, or103 |
|---|
| 132 | + | continuing the certification of a peace officer, an employer shall disclose employment104 |
|---|
| 133 | + | related information to the investigating law enforcement agency upon receiving a written105 |
|---|
| 134 | + | request from such agency. Disclosure shall only be required under this subsection if the106 |
|---|
| 135 | + | law enforcement agency's request is accompanied by a copy of a signed, notarized107 |
|---|
| 136 | + | statement from the applicant, candidate, or peace officer releasing and holding harmless108 |
|---|
| 137 | + | such employer from any and all liability for disclosing complete and accurate information109 |
|---|
| 138 | + | to the law enforcement agency.110 |
|---|
| 139 | + | (3)(2) An employer may charge a reasonable fee to cover actual costs incurred in111 |
|---|
| 140 | + | copying and furnishing documents pursuant to this subsection to a requesting law112 |
|---|
| 141 | + | enforcement agency, including retrieving and redacting costs, provided such amount shall113 |
|---|
| 142 | + | not exceed $25.00 or 25¢ per page, whichever is greater. No employer shall be required114 |
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| 143 | + | to prepare or create any document not already in the employer's possession at the time a115 |
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| 144 | + | request for employment related information is received. Any employment related116 |
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| 145 | + | information provided pursuant to this subsection that is not subject to public disclosure117 |
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| 146 | + | while in the possession of a prior employer shall continue to be privileged and protected118 |
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| 147 | + | from public disclosure as a record of the requesting law enforcement agency.119 |
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| 148 | + | H. B. 246 |
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| 149 | + | - 5 - 25 LC 39 4539 |
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| 150 | + | (4)(3) No employer or law enforcement agency shall be subject to any civil liability for120 |
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| 151 | + | any cause of action by virtue of disclosing complete and accurate information to a law121 |
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| 152 | + | enforcement agency in good faith and without malice pursuant to this subsection. In any122 |
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| 153 | + | such cause of action, malice or bad faith shall only be demonstrated by clear and123 |
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| 154 | + | convincing evidence. Nothing contained in this subsection shall be construed so as to124 |
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| 155 | + | affect or limit rights or remedies provided by federal law.125 |
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| 156 | + | (5)(4) Before taking final action on an application for employment based, in whole or in126 |
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| 157 | + | part, on any unfavorable employment related information received from a previous127 |
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| 158 | + | employer, a law enforcement agency shall inform the applicant, candidate, or peace128 |
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| 159 | + | officer that it has received such employment related information and that the applicant,129 |
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| 160 | + | candidate, or peace officer may inspect and respond in writing to such information. Upon130 |
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| 161 | + | the applicant's, candidate's, or peace officer's request, the law enforcement agency shall131 |
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| 162 | + | allow him or her to inspect the employment related information and to submit a written132 |
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| 163 | + | response to such information. The request for inspection shall be made within five133 |
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| 164 | + | business days from the date that the applicant, candidate, or peace officer is notified of134 |
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| 165 | + | the law enforcement agency's receipt of such employment related information. The135 |
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| 166 | + | inspection shall occur not later than ten business days after said notification. Any136 |
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| 167 | + | response to the employment related information shall be made by the applicant,137 |
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| 168 | + | candidate, or peace officer not later than three business days after his or her inspection.138 |
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| 169 | + | (6)(5) Nothing contained in this Code section subsection shall be construed so as to139 |
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| 170 | + | require any person to provide self-incriminating information or otherwise to compel any140 |
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| 171 | + | person to act in violation of his or her right guaranteed by the Fifth Amendment of the141 |
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| 172 | + | United States Constitution and Article I, Section I, Paragraph XVI of the Georgia142 |
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| 173 | + | Constitution. It shall not be a violation of this Code section subsection for a person to fail143 |
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| 174 | + | to provide requested information based on a claim that such information is144 |
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| 175 | + | self-incriminating provided that notice of such claim is served in lieu of the requested145 |
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| 176 | + | information. An action against such person to require disclosure on the grounds that the146 |
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| 177 | + | H. B. 246 |
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| 178 | + | - 6 - 25 LC 39 4539 |
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| 179 | + | claim of self-incrimination is not substantiated may be brought in the superior court of |
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| 180 | + | 147 |
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| 181 | + | the county of such party's residence or where such information is located."148 |
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| 182 | + | SECTION 3.149 |
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| 183 | + | This Act shall become effective upon its approval by the Governor or upon its becoming law150 |
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| 184 | + | without such approval.151 |
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| 185 | + | SECTION 4.152 |
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| 186 | + | All laws and parts of laws in conflict with this Act are repealed.153 |
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| 187 | + | H. B. 246 |
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