25 LC 56 0398
House Bill 915
By: Representatives Lupton of the 83
rd
and Lim of the 98
th
A BILL TO BE ENTITLED
AN ACT
To amend Title 35 of the Official Code of Georgia Annotated, relating to law enforcement
1
officers and agencies, so as to authorize county and municipal law enforcement agencies to2
employ civilian personnel to assist in certain investigations; to provide for a definition; to3
provide for violations and penalties; to provide for the establishment of a training program4
for civilian community responders by the Georgia Peace Officer Standards and Training5
Council; to amend Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating6
to the uniform rules of the road, so as to authorize civilian community responders to assist7
in directing and regulating the flow of traffic; to provide that civilian community responders8
utilize uniform motor vehicle accident reports and reporting procedures; to provide for9
related matters; to repeal conflicting laws; and for other purposes.10
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:11
SECTION 1.12
Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and13
agencies, is amended by adding a new Code section to read as follows:14
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"35-1-24.15
(a) As used in this Code section, the term 'civilian community responder' means a16
nonsworn law enforcement employee who:17
(1) Assists in the investigation of traffic accidents;18
(2) Assists in the investigation of property crimes;19
(3) Assists in educating the public about state laws and local ordinances; and20
(4) Assists in the search for missing persons.21
(b) A county or municipal law enforcement agency of this state shall be authorized to22
employ, designate, equip, and train civilian community responders.23
(c) No county or municipal law enforcement agency shall employ civilian community24
responders for purposes of reducing or replacing sworn law enforcement officers.25
(d) No civilian community responder shall exercise any of the powers or authority which26
are by law vested in the office of sheriff or any other peace officer, including the power of27
arrest, except as may be authorized by law. No civilian community responder shall:28
(1) Have the power to possess and carry firearms and other weapons for the purpose of29
investigating motor vehicle traffic accidents; provided, however, that any individual who30
is a lawful weapons carrier as such term is defined in Code Section 16-11-125.1 shall not31
be in violation of this paragraph; or32
(2) Be issued a weapon of any type by the county or municipal law enforcement agency.33
(e) A county or municipal law enforcement agency that employs civilian community34
responders shall establish the minimum standards for employment.35
(f) Each civilian community responder shall attend and complete a uniform training36
program established by the Georgia Peace Officer Standards and Training Council. Such37
program shall at a minimum consist of four hours of instruction and include education on38
motor vehicle accident and property crime investigations. Upon completion of such39
program, each civilian community responder shall spend not less than four weeks of field40
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training with a law enforcement officer who has experience conducting traffic accident and41
property crime investigations.42
(g) A civilian community responder shall be issued the following by a county or municipal43
law enforcement agency:44
(1) Credentials identifying the individual as such and which shall be produced upon45
request by an individual involved in or a witness to a motor vehicle traffic accident; and46
(2) A uniform that is substantially different in color and style from any law enforcement47
officer in this state and which displays the name of the civilian community responder and48
patches that identify the individual as a civilian community responder. Such uniform49
shall remain the property of the law enforcement agency that employs the civilian50
community responder.51
(h) No civilian community responder employed pursuant to the authority of this Code52
section shall be issued a badge as defined in Code Section 35-10-3.53
(i) No vehicle issued to, or used by, a civilian community responder shall bear markings54
or symbols that identify the vehicle as a law enforcement vehicle. Such vehicle may have55
emergency equipment and lights installed; provided, however, that no such vehicle shall56
be equipped with flashing, blinking, revolving, or stationary blue lights.57
(j) A civilian community responder who investigates a motor vehicle accident shall58
instruct the driver of each motor vehicle in an accident to report the following to all other59
parties suffering property damage as an apparent result of the accident:60
(1) The name and address of the operator of the motor vehicle and the name and address61
of the registered owner of the motor vehicle if the operator of the motor vehicle is not the62
owner;63
(2) The license number of the motor vehicle; and64
(3) The name of the liability insurance carrier for the motor vehicle or the fact that such65
operator has a certificate of self-insurance issued pursuant to Code Section 33-34-5.1.66
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(k) A civilian community responder shall use uniform accident reports and procedures set67
forth in Code Section 40-6-278 and shall have the same authority as a law enforcement68
officer to direct, control, or regulate traffic for the express purpose of towing or removing69
a vehicle that is obstructing a highway.70
(l) A civilian community responder who assists in the investigation of a property crime71
shall be limited to taking statements and producing an initial police report in such72
investigation.73
(m) It shall be unlawful for any individual to willfully obstruct, resist, impede, or interfere74
with a civilian community responder employed pursuant to this Code section in connection75
with such individual's investigation or to retaliate or discriminate in any manner against76
such individual as a reprisal for any act or omission of such individual. Any violation of77
this subsection shall be punishable as a misdemeanor."78
SECTION 2.79
Said title is further amended by revising Code Section 35-8-7, relating to powers and duties80
of the Georgia Peace Officer Standards and Training Council, as follows:81
"35-8-7.82
The council is vested with the following powers and duties:83
(1) To meet at such times and places as it may deem necessary;84
(2) To contract with other agencies, public or private, or persons as it deems necessary85
for the rendering and affording of such services, facilities, studies, and reports to the86
council as will best assist it to carry out its duties and responsibilities;87
(3) To cooperate with and secure the cooperation of every department, agency, or88
instrumentality in the state government or its political subdivisions in the furtherance of89
the purposes of this chapter;90
(4) To establish criteria to be used in certifying schools authorized to conduct training91
required by this chapter;92
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(5) To certify schools as authorized to conduct training required by this chapter;
93
(6) To prescribe minimum qualifications for directors of schools certified to conduct94
training required by this chapter;95
(7) To certify such school directors;96
(8) To establish minimum qualifications for instructors at schools certified to conduct97
training required by this chapter;98
(9) To certify instructors authorized to conduct training required by this chapter;99
(10) To reevaluate certified schools annually to determine if such schools shall continue100
to be certified;101
(11) To withdraw or suspend certification of schools, school directors, and instructors102
who fail to continue to meet or maintain, at any given time, the criteria and qualifications103
required for school, school director, or instructor certification;104
(12) To determine whether a candidate has met the requirements of this chapter and is105
qualified to be employed as a peace officer and to issue a certificate to those so qualified;106
(13) To certify to designated law enforcement units a candidate's successful completion107
of the course;108
(14) To refuse to grant a certificate to or to discipline a certified peace officer or an109
exempt peace officer under this chapter or any antecedent law;110
(15) To establish and modify the curriculum, including the methods of instruction,111
composing the basic training courses and to set the minimum number of hours therefor;112
(15.1) To establish a uniform training program for civilian community responders which
113
shall be made available to civilian community responders employed by a county or114
municipality pursuant to Code Section 35-1-24;115
(16) To establish and recommend curricula for such advanced, in-service, and116
specialized training courses as the council shall deem advisable and to recognize the117
completion of such courses by the issuance of certificates;118
(17) To provide technical assistance as requested by law enforcement units;119
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(18) To provide for and administer the registration of all exempt peace officers;
120
(19) To research, plan, and establish policy relative to peace officer training and to121
develop and coordinate the delivery of peace officer training programs through such122
agencies and institutions as the council may deem appropriate;123
(20) To establish as part of the curriculum for basic and in-service training courses for124
all peace officers training on organized criminal activity and criminal street gangs;125
(21) To develop, adopt, and issue advanced or professional peace officer certificates126
based upon the attainment of specified education, advanced or specialized training, and127
experience as the council may determine;128
(22) To provide and administer the certification of persons qualified to operate radar129
speed detection devices and to withdraw or suspend such certificates as provided for in130
this chapter;131
(23) To impose administrative fees, as determined by the council, for services provided132
pursuant to the provisions of this chapter;133
(24) To adopt in accordance with Chapter 13 of Title 50, the 'Georgia Administrative134
Procedure Act,' such rules and regulations as are necessary to carry out the purposes of135
this chapter; and136
(25) To do any and all things necessary or convenient to enable it to perform wholly and137
adequately its duties and to exercise the power granted to it."138
SECTION 3.139
Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to uniform rules140
of the road, is amended by revising Code Section 40-6-2, relating to obedience to authorized141
persons directing traffic, as follows:142
"40-6-2.143
No person shall fail or refuse to comply with any lawful order or direction of any law144
enforcement officer or firefighter, nonsworn employee or volunteer authorized under Code145
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Section 35-1-11, or individual designated under Code Section 20-2-1131, or civilian146
community responder employed pursuant to Code Section 35-1-24 with the authority to147
direct, control, or regulate traffic."148
SECTION 4.149
Said chapter is further amended by revising Code Section 40-6-278, relating to uniform150
motor vehicle accident reports and reporting procedures, as follows:151
"40-6-278.152
The commissioner of transportation shall prescribe, by rule, uniform motor vehicle accident153
reports and reporting procedures which shall be used by all police officers, whether state,154
county, or municipal, and by all civilian community responders, whether county or155
municipal. The rules shall be adopted in accordance with Chapter 13 of Title 50, the156
'Georgia Administrative Procedure Act.' The rules may require one type of report and157
reporting procedure for motor vehicle accidents in which property damage alone is158
involved and another type of report and reporting procedure for motor vehicle accidents159
involving personal injury or death. The commissioner may, by rule, require additional160
investigation or reports in case of serious bodily injury or death."161
SECTION 5.162
All laws and parts of laws in conflict with this Act are repealed.163
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