Georgia 2025-2026 Regular Session

Georgia House Bill HB288 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	25 HB 288/AP
2		-	House Bill 288 (AS PASSED HOUSE AND SENATE)
3		-	By: Representatives Gaines of the 120
4		-	th
5		-	, Reeves of the 99
6		-	th
7		-	, Crowe of the 118
8		-	th
9		-	, Lumsden of
10		-	the 12
11		-	th
12		-	, Clifton of the 131
13		-	st
14		-	, and others
	1	+	25 LC 62 0195S
	2	+	The Senate Committee on Judiciary offered the following
	3	+	substitute to HB 288:
15	4		A BILL TO BE ENTITLED
16	5		AN ACT
17		-	To amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to
18		-	1
	6	+	To amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to1
19	7		require a person qualifying as a candidate for sheriff be a peace officer not under revocation2
20	8		by the Georgia Peace Officer Standards and Training Council; to provide for penalties; to3
21	9		provide for submission of a form completed by the executive director of such council; to4
22	10		provide for an exception; to provide for attestation that any person qualifying for the office5
23	11		of sheriff who is not a certified peace officer but holds or has held certain other positions is6
24	12		capable of and will obtain such certification after obtaining such office; to require notice by7
25	13		prosecuting attorneys that intend to question the credibility of a peace officer and place the8
26	14		name of such officer on a Giglio list; to authorize requests for reconsideration of such action;9
27	15		to provide for the development of policies and procedures by the Prosecuting Attorneys'10
28	16		Council of the State of Georgia; to provide for immunity; to provide for definitions; to11
29	17		amend Chapter 8 of Title 35 of the Official Code of Georgia Annotated, relating to12
30	18		employment and training of peace officers, so as to provide for review by the Georgia Peace13
31	19		Officer Standards and Training Council of placement of the name of a peace officer on a14
32	20		Giglio list; to provide for notice; to provide standards for determination of credibility of such15
33	21		placement; to restrict the use of information relating to a Giglio list for employment purposes16
34	22		in certain instances; to provide for definitions; to amend Code Section 50-18-72 of the17
35	23		Official Code of Georgia Annotated, relating to when public disclosure not required, so as18
36	24		to exempt records relative to Giglio lists from public disclosure; to provide for conforming19
37		-	H. B. 288
38		-	- 1 - 25 HB 288/AP
39		-	changes; to provide for related matters; to provide for an effective date; to repeal conflicting
40		-	20
	25	+	- 1 - 25 LC 62 0195S
	26	+	changes; to provide for related matters; to provide for an effective date; to repeal conflicting20
41	27		laws; and for other purposes.21
42	28		BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:22
43	29		SECTION 1.23
44	30		Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended in Code24
45	31		Section 15-16-1, relating to qualification requirements for sheriff and exemptions, by25
46	32		revising subparagraph (J) of paragraph (1) and paragraph (2) of subsection (c) and by26
47	33		revising subsection (d) as follows:27
48		-	"(J) At the time of qualifying as a candidate for the office of sheriff,
49		-	Is a registered28
	34	+	"(J) At the time of qualifying as a candidate for the office of sheriff, Is a registered28
50	35		peace officer as provided in Code Section 35-8-10 or is a certified peace officer, as29
51	36		defined in Chapter 8 of Title 35, not under revocation by the Georgia Peace Officer30
52	37		Standards and Training Council and files with the officer before whom such person31
53	38		qualifies a form signed by the executive director of the Georgia Peace Officer Standards32
54	39		and Training Council, or his or her designee, that attests and certifies such; provided,33
55	40		however, that any person who is not a certified peace officer at the time of qualifying34
56	41		as a candidate for the office of sheriff but is a first responder, as such term is defined35
57	42		in Code Section 45-25-2, is a retired or honorably discharged member of the United36
58	43		States armed forces, or is a former or current local, state, or federal law enforcement37
59	44		officer shall swear or affirm before the officer before whom such person has qualified38
60	45		to seek the office of sheriff that he or she is capable of and will complete the39
61	46		requirements for certification within six months after taking office. Any person such40
62	47		first responder, retired or honorably discharged member of the United States armed41
63	48		forces, or former or current local, state, or federal law enforcement officer who is not42
64	49		a registered or certified peace officer at the time such person assumes the office of43
65	50		sheriff shall be required to complete satisfactorily the requirements for certification as44
66		-	H. B. 288
67		-	- 2 - 25 HB 288/AP
68		-	a peace officer as provided in Chapter 8 of Title 35 within six months after such person
69		-	45
	51	+	- 2 - 25 LC 62 0195S
	52	+	a peace officer as provided in Chapter 8 of Title 35 within six months after such person45
70	53		takes office; provided, however, that an extension of the time to complete such46
71	54		requirements may be granted by the Georgia Peace Officer Standards and Training47
72	55		Council upon the presentation of evidence by a sheriff that he or she was unable to48
73	56		complete the basic training course and certification requirements due to illness, injury,49
74	57		military service, or other reasons deemed sufficient by such council. The Georgia50
75	58		Peace Officer Standards and Training Council shall make every effort to ensure that51
76		-	space is available for newly elected sheriffs who are not certified or registered
77		-	peace52
	59	+	space is available for newly elected sheriffs who are not certified or registered peace52
78	60		officers to attend the course as soon as possible after such persons take office. Such53
79	61		council shall notify the appropriate judge of the probate court whenever a newly elected54
80	62		sheriff who is not certified fails to become certified as a peace officer pursuant to the55
81	63		requirements of this subparagraph.56
82	64		(2) Each person offering his or her candidacy for the office of sheriff shall at the time57
83	65		such person qualifies, swear or affirm before the officer before whom such person has58
84	66		qualified to seek the office of sheriff that he or she meets all of the qualifications required59
85	67		by this subsection, except as otherwise provided in subparagraph (J) of paragraph (1) of60
86	68		this subsection, and at the time such person qualifies, that he or she has complied or will61
87	69		comply with the requirements of subparagraph (G) of paragraph (1) of this subsection no62
88	70		later than the close of business on the third business day following the close of such63
89	71		qualification period, and that, if applicable, he or she will comply with the requirements64
90	72		of subparagraph (J) of paragraph (1) of this subsection within six months of taking office. 65
91	73		Any person who knowingly provides false information in executing the affidavit required66
92	74		by this paragraph commits the offense of false swearing within the meaning of and67
93	75		subject to the penalties prescribed in Code Section 16-10-71 and submission of a false68
94	76		document in violation of Code Section 16-10-20."69
95	77		"(d) Exemption. The requirements of subparagraphs (c)(1)(D), (c)(1)(E),70
96	78		through (c)(1)(F), (c)(1)(H), (c)(1)(I), and (c)(1)(J) of this Code section shall be deemed71
97		-	H. B. 288
98		-	- 3 - 25 HB 288/AP
99		-	to have been met by any person who is currently serving as a duly qualified and elected
100		-	72
	79	+	- 3 - 25 LC 62 0195S
	80	+	to have been met by any person who is currently serving as a duly qualified and elected72
101	81		sheriff of one of the several counties of this state."73
102	82		SECTION 2.74
103	83		Said title is further amended by adding a new Code section to read as follows:75
104		-	"15-18-33.
105		-	76
	84	+	"15-18-33.76
106	85		(a) As used in this Code section, the term:77
107	86		(1) 'Affected peace officer' shall have the same meaning as set forth in Code78
108	87		Section 35-8-2.79
109	88		(2) 'Giglio list' shall have the same meaning as set forth in Code Section 35-8-2.80
110	89		(b) Upon the placement of the name of a peace officer on a Giglio list by a prosecuting81
111	90		attorney, such prosecuting attorney shall send written notice of the intent to place the name82
112	91		of a peace officer on such list by registered or certified mail or statutory overnight delivery83
113	92		to the last known address of the employer of the affected peace officer and the Georgia84
114	93		Peace Officer Standards and Training Council. Such notice shall include:85
115	94		(1) The factual basis for the prosecuting attorney's decision to place the name of the86
116	95		peace officer on a Giglio list:87
117	96		(2) A statement informing the affected peace officer and his or her employing agency of88
118	97		the right to request relevant materials from the prosecuting attorney;89
119	98		(3) A statement informing the affected peace officer and his or her employing agency of90
120	99		the right to provide supplemental information to the prosecuting attorney; and91
121	100		(4) A statement informing the affected peace officer and his or her employing agency of92
122	101		the right to request reconsideration by the prosecuting attorney of the placement of such93
123	102		peace officer on a Giglio list.94
124	103		(c) An affected peace officer or his or her employing agency shall be authorized to submit95
125	104		a request for reconsideration on the decision to place the name of a peace officer on a96
126	105		Giglio list no later than 30 days after receipt of notice by such peace officer's employing97
127		-	H. B. 288
128		-	- 4 - 25 HB 288/AP
	106	+	- 4 - 25 LC 62 0195S
129	107		agency pursuant to subsection (b) of this Code section. Upon receipt of a request for98
130	108		reconsideration pursuant to this subsection, the prosecuting attorney shall promptly review99
131	109		such request and either remove the name of the affected peace officer from the Giglio list100
132	110		or deny the request for reconsideration and keep the name of the affected peace officer on101
133	111		the Giglio list. Any such denial shall be in writing and include the specific reasons for such102
134	112		decision. If no request for reconsideration pursuant to this subsection is submitted by an103
135	113		affected peace officer or his or her employing agency, the name of the affected peace104
136	114		officer shall remain on the Giglio list unless and until the prosecuting attorney removes105
137	115		such name from the Giglio list due to receipt of material information that was unknown or106
138	116		unavailable at the time of the initial decision or when any investigation warrants removal107
139	117		in the opinion of the prosecuting attorney.108
140	118		(d) When a prosecuting attorney makes a determination to remove an affected peace109
141	119		officer's name from a Giglio list, such prosecuting attorney shall provide notice of such110
142	120		removal to the employing agency of the affected peace officer and the Georgia Peace111
143	121		Officer Standards and Training Council within 14 days of the removal in the same manner112
144	122		as provided by subsection (b) of this Code section.113
145	123		(e) The Prosecuting Attorneys' Council of the State of Georgia shall develop policies and114
146	124		procedures for the purposes of this Code section, which shall include placement and115
147	125		removal of the name of an affected peace officer on a Giglio list, the reconsideration116
148	126		process, and notice requirements. Any prosecuting attorney's office that maintains a Giglio117
149	127		list shall adopt the policies and procedures established pursuant to this subsection.118
150	128		(f) A prosecuting attorney shall be authorized to use an affected peace officer's inclusion119
151	129		on a Giglio list when making charging decisions related to a case and shall disclose to120
152	130		defense counsel or a defendant in any criminal case as required by law the fact of and basis121
153	131		for inclusion of an affected officer on such list including any notice or relevant materials122
154	132		as provided in subsection (b) of this Code section.123
155		-	H. B. 288
156		-	- 5 - 25 HB 288/AP
	133	+	- 5 - 25 LC 62 0195S
157	134		(g) A prosecuting attorney shall be immune from civil liability that might otherwise incur124
158	135		or be imposed for placement of the name of a peace officer on a Giglio list unless the125
159	136		affected peace officer demonstrates that his or her inclusion on such a list was done with126
160	137		actual malice or with actual intent to cause injury to the affected peace officer.127
161	138		(h) Nothing in this Code section shall be construed to modify federal law or binding court128
162	139		precedent relating to disclosure duties of a prosecuting attorney in criminal prosecutions."129
163	140		SECTION 3.130
164	141		Chapter 8 of Title 35 of the Official Code of Georgia Annotated, relating to employment and131
165	142		training of peace officers, is amended in Code Section 35-8-2, relating to definitions, by132
166	143		adding two new paragraphs to read as follows:133
167	144		"(.1) 'Affected peace officer' means a peace officer whose name is listed on a Giglio list."134
168	145		"(5.01) 'Giglio list' means a list of names compiled and maintained by a prosecuting135
169	146		attorney of officers disqualified from trial testimony because of identified or alleged136
170	147		issues of credibility or bias."137
171	148		SECTION 4.138
172	149		Said chapter is further amended in Code Section 35-8-7, relating to powers and duties of the139
173	150		Georgia Peace Officer Standards and Training Council generally, by adding a new paragraph140
174	151		to read as follows:141
175	152		"(14.1) Upon notice from a prosecuting attorney, to review the factual basis for the142
176	153		inclusion of any affected peace officer on a Giglio list;"143
177	154		SECTION 5.144
178	155		Said chapter is further amended in Code Section 35-8-7.1, relating to authority of council to145
179	156		refuse certificate to applicant or to discipline council certified officer or exempt officer,146
180	157		grounds, restoration of certificate, emergency suspension of certification, notice of147
181		-	H. B. 288
182		-	- 6 - 25 HB 288/AP
183		-	investigation, and retention of records, by revising subsections (e) through (g) and by adding
184		-	148
	158	+	- 6 - 25 LC 62 0195S
	159	+	investigation, and retention of records, by revising subsections (e) through (g) and by adding148
185	160		a new subsection to read as follows:149
186		-	"(e)(1) Upon receipt of notice from a prosecuting attorney that the name of a peace
187		-	150
	161	+	"(e)(1) Upon receipt of notice from a prosecuting attorney that the name of a peace150
188	162		officer has been placed on a Giglio list, the council shall initiate a review of the factual151
189	163		basis provided in such notice and notify the affected peace officer and the head of the law152
190	164		enforcement agency that employs such affected peace officer of such review. It shall be153
191	165		sufficient to identify the affected peace officer, state that review of the affected peace154
192	166		officer's name on a Giglio list has been initiated, and identify the prosecuting attorney155
193	167		who sent such notice.156
194	168		(2) In reviewing the inclusion of the name of an affected peace officer on a Giglio list157
195	169		pursuant to this subsection, the council shall consider:158
196	170		(A) Any bias or injury against a specific defendant alleged by the prosecuting attorney159
197	171		to have occurred when the prosecuting attorney's notice relates to a specific criminal160
198	172		prosecution;161
199	173		(B) Allegations or instances of previous misleading, deceptive, untrue, or fraudulent162
200	174		statements made by the affected peace officer to the prosecuting attorney or while163
201	175		serving as a witness for the prosecuting attorney;164
202	176		(C) Whether the affected peace officer has pleaded guilty or been convicted, by final165
203	177		judgment and when all appeals have been exhausted, of an offense punishable as false166
204	178		swearing within the meaning of Code Section 16-10-71 or an offense of perjury167
205	179		pursuant to Code Section 16-10-70; and168
206	180		(D) Any allegations of acts or omissions which would otherwise subject the affected169
207	181		peace officer to discipline pursuant to subsection (a) of this Code section.170
208	182		(3) Upon completion of review pursuant to this subsection, the council shall notify the171
209	183		affected peace officer and the employing agency of the affected peace officer of its172
210	184		determination concerning the factual basis asserted by the prosecuting attorney. If the173
211	185		council determines from its review that discipline of the affected peace officer is174
212		-	H. B. 288
213		-	- 7 - 25 HB 288/AP
	186	+	- 7 - 25 LC 62 0195S
214	187		warranted, notice sent pursuant to this paragraph shall include such information. If the175
215	188		council determines that discipline of the affected peace officer is not warranted, such176
216	189		matter shall be administratively dismissed, the affected peace officer's public status shall177
217	190		not reflect the occurrence of such investigation, and notice of such action shall be178
218	191		delivered to the head of the employing agency, the affected peace officer, and the179
219	192		prosecuting attorney who placed the affected peace officer on a Giglio list. No peace180
220	193		officer shall be suspended, revoked, or otherwise sanctioned solely based upon the181
221	194		placement of his or her name on a Giglio list.182
222	195		(f) Upon initiating an investigation of an a peace officer for possible disciplinary action183
223	196		or upon disciplining an a peace officer pursuant to this Code section, the council shall184
224	197		notify the head of the law enforcement agency that employs such peace officer of the185
225	198		investigation or disciplinary action. In the case of an investigation, it It shall be sufficient186
226	199		for such notice to identify the peace officer and state that a disciplinary investigation has187
227	200		been opened. Notice of the initiation of an investigation shall be sent by priority mail. If188
228	201		the investigation is completed without any further action, notice of the termination of such189
229	202		investigation shall also be provided to the head of the employing agency. In the case of190
230	203		disciplinary action, the notice shall identify the officer and state the nature of the191
231	204		disciplinary action taken. The notice of disposition shall be sent only after the action of the192
232	205		council is deemed final. Such notice shall be sent by priority mail.193
233	206		(f)(g) If the certification of an a peace officer is suspended or revoked by either the194
234	207		executive director or council pursuant to this Code section, then the council shall notify the195
235	208		head of the law enforcement agency that employs the peace officer; the district attorney of196
236	209		the judicial circuit in which such law enforcement agency is located; and the solicitor of197
237	210		the state court, if any, of the county in which such law enforcement agency is located. It198
238	211		shall be sufficient for this notice to identify the peace officer and state the length of time,199
239	212		if known, that the peace officer will not have powers of arrest. Such notice shall be sent200
240	213		by priority mail.201
241		-	H. B. 288
242		-	- 8 - 25 HB 288/AP
	214	+	- 8 - 25 LC 62 0195S
243	215		(h) Any notice required by this Code section shall be sent by certified mail or certificate202
244	216		of mailing. As used in this subsection, the term 'certificate of mailing' means a delivery203
245	217		method utilized by the United States Postal Service which provides evidence that an item204
246	218		has been sent and the date such item was accepted.205
247	219		(g)(i) Notwithstanding Article 5 of Chapter 18 of Title 50, records of an investigation of206
248	220		an a peace officer by the council, including, but not limited to, records used to investigate207
249	221		complaints against an a peace officer and polygraph case files containing official polygraph208
250	222		reports, shall be retained for 30 years following the date that such investigation is deemed209
251	223		concluded by the council and then such records may be destroyed; provided, however, that210
252	224		the council shall have the authority to destroy such records prior to such 30 years where211
253	225		such peace officer is deceased and no action upon the complaint was taken by the council212
254	226		beyond the council's initial intake of such complaint."213
255	227		SECTION 6.214
256	228		Said chapter is further amended in Code Section 35-8-7.2, relating to administrative215
257	229		procedure, hearings, and review, by revising subsection (a) as follows:216
258	230		"(a) Except as otherwise provided in subsection (b) of this Code section, proceedings of217
259	231		the council in the exercise of its authority to issue any certificate, conduct a review of the218
260	232		inclusion of an affected peace officer on a Giglio list, or discipline any peace officer under219
261	233		the terms of this chapter shall be conducted in accordance with Chapter 13 of Title 50, the220
262	234		'Georgia Administrative Procedure Act.' In all such proceedings the council shall have221
263	235		authority to compel the attendance of witnesses and the production of any book, writing,222
264	236		or document upon the issuance of a subpoena therefor. In any hearing in which the fitness223
265	237		of a peace officer or applicant is in question, the council may exclude all persons from its224
266	238		deliberation of the appropriate action and may, when it deems necessary, speak to the peace225
267	239		officer or applicant in private. All final determinations, findings, and conclusions of the226
268	240		council under this chapter are final and conclusive decisions of the matters involved."227
269		-	H. B. 288
270		-	- 9 - 25 HB 288/AP
271		-	SECTION 7.
272		-	228
	241	+	- 9 - 25 LC 62 0195S
	242	+	SECTION 7.228
273	243		Said chapter is further amended by revising Code Section 35-8-8, relating to requirements229
274	244		for appointment or certification of persons as peace officers and preemployment attendance230
275	245		at basic training course and "employment related information" defined, and by redesignating231
276	246		the current provisions of subsection (c) of said Code section as a new Code section to read232
277	247		as follows:233
278	248		"35-8-8.234
279	249		(a) Any person employed or certified as a peace officer shall:235
280	250		(1) Be at least 18 years of age;236
281	251		(2) Be a citizen of the United States;237
282	252		(3) Have a high school diploma or its recognized equivalent;238
283	253		(4) Not have been convicted by any state or by the federal government of any crime the239
284	254		punishment for which could have been imprisonment in the federal or state prison or240
285	255		institution nor have been convicted of sufficient misdemeanors to establish a pattern of241
286	256		disregard for the law, provided that, for the purposes of this paragraph, violations of242
287	257		traffic laws and other offenses involving the operation of motor vehicles when the243
288	258		applicant has received a pardon shall not be considered;244
289	259		(5) Be fingerprinted for the purpose of conducting a fingerprint based search at the245
290	260		Georgia Bureau of Investigation and the Federal Bureau of Investigation to determine the246
291	261		existence of any criminal record;247
292	262		(6) Possess good moral character as determined by investigation under procedure248
293	263		established by the council and fully cooperate during the course of such investigation;249
294	264		(7) Be found, after examination by a licensed physician or surgeon, to be free from any250
295	265		physical, emotional, or mental conditions which might adversely affect his or her exercise251
296	266		of the powers or duties of a peace officer; and252
297	267		(8) Successfully complete a job related academy entrance examination provided for and253
298	268		administered by the council in conformity with state and federal law. Such examination254
299		-	H. B. 288
300		-	- 10 - 25 HB 288/AP
301		-	shall be administered prior to entrance to the basic course provided for in Code
302		-	255
	269	+	- 10 - 25 LC 62 0195S
	270	+	shall be administered prior to entrance to the basic course provided for in Code255
303	271		Sections 35-8-9 and 35-8-11. The council may change or modify such examination and256
304	272		shall establish the criteria for determining satisfactory performance on such examination. 257
305	273		The provisions of this paragraph establish only the minimum requirements of academy258
306	274		entrance examinations for peace officer candidates in this state; each law enforcement259
307		-	unit
308		-	agency is encouraged to provide such additional requirements and any260
	275	+	unit agency is encouraged to provide such additional requirements and any260
309	276		preemployment examination as it deems necessary and appropriate. Any person with a261
310	277		degree from a postsecondary institution accredited by a regional accrediting agency262
311	278		recognized by the United States Department of Education shall be deemed to have met263
312	279		the requirements of this paragraph.264
313	280		(b) Any person authorized to attend the basic training course prior to employment as a265
314	281		peace officer shall meet the requirements of subsection (a) of this Code section.266
315	282		(c) The executive director of the council, or his or her designee, shall promulgate a form267
316	283		which shall be available to any person seeking election to the office of sheriff. Such form268
317	284		shall provide for the attestation and certification by the executive director that the person269
318	285		seeking such form is a certified peace officer who is not under revocation by the council.270
319	286		35-8-8.1.271
320	287		(c)(1) For purposes of this subsection (a) As used in this Code section, the term272
321	288		'employment related information' means written information contained in a prior273
322	289		employer's records or personnel files that relates to an applicant's, candidate's, or peace274
323	290		officer's performance or behavior while employed by such prior employer, including275
324	291		performance evaluations, records of disciplinary actions, and eligibility for rehire. Such276
325	292		term shall not include information prohibited from disclosure by federal law or any277
326	293		document not in the possession of the employer at the time a request for such information278
327	294		is received.279
328		-	H. B. 288
329		-	- 11 - 25 HB 288/AP
	295	+	- 11 - 25 LC 62 0195S
330	296		(b)(1)(2) Where an investigation is conducted for the purpose of hiring, certifying, or280
331	297		continuing the certification of a peace officer, an employer shall disclose employment281
332	298		related information to the investigating law enforcement agency upon receiving a written282
333	299		request from such agency. Disclosure shall only be required under this subsection if the283
334	300		law enforcement agency's request is accompanied by a copy of a signed, notarized284
335	301		statement from the applicant, candidate, or peace officer releasing and holding harmless285
336	302		such employer from any and all liability for disclosing complete and accurate information286
337	303		to the law enforcement agency.287
338	304		(3)(2) An employer may charge a reasonable fee to cover actual costs incurred in288
339	305		copying and furnishing documents pursuant to this subsection to a requesting law289
340	306		enforcement agency, including retrieving and redacting costs, provided such amount shall290
341	307		not exceed $25.00 or 25¢ per page, whichever is greater. No employer shall be required291
342	308		to prepare or create any document not already in the employer's possession at the time a292
343	309		request for employment related information is received. Any employment related293
344	310		information provided pursuant to this subsection that is not subject to public disclosure294
345	311		while in the possession of a prior employer shall continue to be privileged and protected295
346	312		from public disclosure as a record of the requesting law enforcement agency.296
347	313		(4)(3) No employer or law enforcement agency shall be subject to any civil liability for297
348	314		any cause of action by virtue of disclosing complete and accurate information to a law298
349	315		enforcement agency in good faith and without malice pursuant to this subsection. In any299
350	316		such cause of action, malice or bad faith shall only be demonstrated by clear and300
351	317		convincing evidence. Nothing contained in this subsection shall be construed so as to301
352	318		affect or limit rights or remedies provided by federal law.302
353	319		(5)(4) Before taking final action on an application for employment based, in whole or in303
354	320		part, on any unfavorable employment related information received from a previous304
355	321		employer, a law enforcement agency shall inform the applicant, candidate, or peace305
356	322		officer that it has received such employment related information and that the applicant,306
357		-	H. B. 288
358		-	- 12 - 25 HB 288/AP
359		-	candidate, or peace officer may inspect and respond in writing to such information. Upon
360		-	307
	323	+	- 12 - 25 LC 62 0195S
	324	+	candidate, or peace officer may inspect and respond in writing to such information. Upon307
361	325		the applicant's, candidate's, or peace officer's request, the law enforcement agency shall308
362	326		allow him or her to inspect the employment related information and to submit a written309
363	327		response to such information. The request for inspection shall be made within five310
364	328		business days from the date that the applicant, candidate, or peace officer is notified of311
365	329		the law enforcement agency's receipt of such employment related information. The312
366	330		inspection shall occur not later than ten business days after said notification. Any313
367	331		response to the employment related information shall be made by the applicant,314
368	332		candidate, or peace officer not later than three business days after his or her inspection.315
369		-	(6)
370		-	(5) Nothing contained in this Code section subsection shall be construed so as to316
	333	+	(6)(5) Nothing contained in this Code section subsection shall be construed so as to316
371	334		require any person to provide self-incriminating information or otherwise to compel any317
372	335		person to act in violation of his or her right guaranteed by the Fifth Amendment of the318
373	336		United States Constitution and Article I, Section I, Paragraph XVI of the Georgia319
374	337		Constitution. It shall not be a violation of this Code section subsection for a person to fail320
375	338		to provide requested information based on a claim that such information is321
376	339		self-incriminating provided that notice of such claim is served in lieu of the requested322
377	340		information. An action against such person to require disclosure on the grounds that the323
378	341		claim of self-incrimination is not substantiated may be brought in the superior court of324
379	342		the county of such party's residence or where such information is located.325
380	343		(c) A law enforcement agency that receives notice from a prosecuting attorney that the326
381	344		name of an affected peace officer has been placed on a Giglio list shall forward a copy of327
382	345		such notice to the council within 30 days of receipt for review pursuant to Code328
383	346		Section 35-8-7.1."329
384	347		SECTION 8.330
385	348		Said chapter is further amended by revising Code Section 35-8-14, which is designated as331
386	349		reserved, as follows:332
387		-	H. B. 288
388		-	- 13 - 25 HB 288/AP
389		-	"35-8-14.
390		-	333
391		-	(a) Upon receipt of notice from a prosecuting attorney that a peace officer employed by
392		-	334
	350	+	- 13 - 25 LC 62 0195S
	351	+	"35-8-14.333
	352	+	(a) Upon receipt of notice from a prosecuting attorney that a peace officer employed by334
393	353		the law enforcement agency has been placed on a Giglio list, such agency shall provide a335
394	354		copy of such notice to the affected peace officer in as timely manner as possible, not to336
395	355		exceed three days from the date of receipt. If the affected peace officer is no longer337
396	356		employed by the law enforcement agency that receives such notice, the law enforcement338
397	357		agency shall forward such notice to be served in person or delivered by certified mail or339
398	358		statutory overnight delivery, return receipt requested, to the last known address of the340
399	359		affected peace officer.341
400	360		(b) A law enforcement agency that employs an affected peace officer shall not demote,342
401	361		suspend, discharge, impose discipline, or take adverse employment action upon an affected343
402	362		peace officer solely based upon the placement of such peace officer's name on a Giglio list.344
403	363		(c) A law enforcement agency that employs an affected peace officer shall be authorized345
404	364		to demote, suspend, discharge, impose discipline, or take adverse employment action upon346
405	365		an affected peace officer when:347
406	366		(1) An internal investigation establishes, based upon a preponderance of the evidence,348
407	367		that a factual basis exists for the reason provided by the prosecuting attorney for349
408	368		placement of the affected peace officer on a Giglio list; or350
409	369		(2) The council has imposed discipline upon the affected peace officer for the conduct351
410	370		identified by the prosecuting attorney which was the basis for placement of such officer352
411	371		on the Giglio list Reserved."353
412	372		SECTION 9.354
413	373		Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public355
414	374		disclosure not required, is amended by adding a new paragraph to subsection (a) to read as356
415	375		follows:357
416	376		"(4.1) Records relating to Giglio lists, as such term is defined in Code Section 35-8-2;"358
417		-	H. B. 288
418		-	- 14 - 25 HB 288/AP
419		-	SECTION 10.
420		-	359
	377	+	- 14 - 25 LC 62 0195S
	378	+	SECTION 10.359
421	379		This Act shall become effective upon its approval by the Governor or upon its becoming law360
422	380		without such approval.361
423	381		SECTION 11.362
424	382		All laws and parts of laws in conflict with this Act are repealed.363
425		-	H. B. 288
426	383		- 15 -