25 LC 48 1556 Senate Bill 319 By: Senators Davenport of the 17th, James of the 28th, Anderson of the 43rd, McLaurin of the 14th, Jones II of the 22nd and others A BILL TO BE ENTITLED AN ACT To amend Chapter 1 of Title 35 of the Official Code of Georgia Annotated, relating to 1 general provisions relative to law enforcement officers and agencies, so as to provide a2 standard by which state, county, and local law enforcement agencies authorize the3 engagement of vehicular pursuits; to provide for related matters; to provide a short title; to4 repeal conflicting laws; and for other purposes.5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6 SECTION 1.7 This Act shall be known and may be cited as the "Dorothy Mae Smith Wright Act."8 SECTION 2.9 Chapter 1 of Title 35 of the Official Code of Georgia Annotated, relating to general10 provisions relative to law enforcement officers and agencies, is amended by revising Code11 Section 35-1-14, relating to written policies for emergency pursuits, as follows:12 "35-1-14.13 (a) Each On and after January 1, 2004, each state, county, and local law enforcement14 agency that conducts emergency response and vehicular pursuits shall adopt written15 S. B. 319 - 1 - 25 LC 48 1556 policies, consistent with this Code section, that set forth the manner in which these16 operations shall be conducted. Each law enforcement agency may create its own such17 policies or adopt an existing model, consistent with this Code section. All pursuit policies18 created or adopted by any law enforcement agency must shall address situations in which19 police pursuits cross over into other jurisdictions. Law enforcement agencies which do not20 comply with the requirements of this Code section are subject to the withholding of any21 state funding or state administered federal funding.22 (b) No state, county, or local law enforcement agency shall authorize the engagement of23 a vehicular pursuit unless:24 (1) The requirements of Code Section 40-6-6 are met; and25 (2) Probable cause exists to believe that the persons being pursued committed, or are26 committing, murder as provided for in Article 1 of Chapter 5 of Title 16; aggravated27 battery as provided for in Article 2 of Chapter 5 of Title 16; kidnapping, false28 imprisonment, or any other offense as provided for in Article 3 of Chapter 5 of Title 16;29 rape as provided for in Chapter 6 of Title 16; armed robbery as provided for in Article 230 of Chapter 8 of Title 16; or any offense that creates an immediate threat of death or31 serious bodily injury to another person or a substantial threat to the safety of another32 person."33 SECTION 3.34 All laws and parts of laws in conflict with this Act are repealed.35 S. B. 319 - 2 -