HB 713 - County or municipal police depts; use of nomenclature

Georgia House of Representatives - 1995/1996 Sessions

HB 713 - County or municipal police depts; use of nomenclature

Page Numbers - 1/ 2/ 3/ 4/ 5
Code Sections - 35-10-1/ 35-10-2/ 35-10-3/ 35-10-4/ 35-10-5/ 35-10-6/ 35-10-7/ 35-10-8/ 35-10-9/ 35-10-10/ 35-10-11
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1. Twiggs  8th

House Comm: PubS / Senate Comm: Pub S / House Vote: Yeas 155 Nays 0 Senate Vote: Yeas 49 Nays 0 ---------------------------------------- House Action Senate ---------------------------------------- 2/10/95 Read 1st Time 3/5/96 2/13/95 Read 2nd Time 3/8/96 3/1/95* Favorably Reported 3/7/96 Committee Amend/Sub Sub 3/17/95 Recommitted 2/29/96 Read 3rd Time 3/15/96 2/29/96 Passed/Adopted 3/15/96 CSFA Comm/Floor Amend/Sub CSFA 3/18/96 Amend/Sub Agreed To 3/28/96 Sent to Governor 4/2/96 Signed by Governor 744 Act/Veto Number 4/2/96 Effective Date ---------------------------------------- Rules Suspended to Introduce Favorably Reported by Substitute 2/8/96 Postponed by the House 2/28 Until 2/29/96 Code Sections amended: 35-10-1, 35-10-2, 35-10-3, 35-10-4, 35-10-5, 35-10-6, 35-10-7, 35-10-8, 35-10-9, 35-10-10, 35-10-11
HB 713 HB 713/AP H. B. No. 713 (AS PASSED HOUSE AND SENATE) By: Representative Twiggs of the 8th A BILL TO BE ENTITLED AN ACT 1- 1 To amend Title 35 of the Official Code of Georgia Annotated, 1- 2 relating to law enforcement officers and agencies, so as to 1- 3 prohibit the unauthorized use of any municipal or county 1- 4 police department's nomenclature or symbols; to provide a 1- 5 statement of public policy; to provide a short title; to 1- 6 define certain terms; to provide procedures for seeking 1- 7 permission to use any municipal or county police 1- 8 department's nomenclature or symbols; to authorize the local 1- 9 governing authority of any municipality or county to grant 1-10 permission to use such nomenclature or symbols under certain 1-11 circumstances; to provide for appeals; to provide for 1-12 injunctive relief to restrain violations of this Act; to 1-13 provide for civil damages for certain violations; to provide 1-14 for criminal penalties; to provide that no law enforcement 1-15 agency shall enforce the traffic laws of this state or any 1-16 traffic ordinances with any name of law enforcement 1-17 authority on its vehicles other than the name of the 1-18 applicable county or municipality or the state; to provide 1-19 for an effective date; to repeal conflicting laws; and for 1-20 other purposes. 1-21 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. 1-22 Title 35 of the Official Code of Georgia Annotated, relating 1-23 to law enforcement officers and agencies, is amended by 1-24 striking in its entirety Chapter 10, known as the "Law 1-25 Enforcement Integrity Act of 1994," and inserting in lieu 1-26 thereof a new Chapter 10 to read as follows: "CHAPTER 10 1-27 35-10-1. (Index) 1-28 This chapter shall be known and may be cited as the 1-29 'Municipal and County Police Departments' Nomenclature Act 1-30 of 1996.' H. B. No. 713 -1- (Index) HB 713/AP 2- 1 35-10-2. (Index) 2- 2 It is declared to be contrary to the health, safety, and 2- 3 public welfare of the people of this state for any 2- 4 individual or organization to act in a manner which would dd thd��H�@d[�H�@d��H�@d)�H�@d��H�@d��H�@d^� 2- 6 public is dealing with any municipal or county police 2- 7 department or with a member thereof when in fact the 2- 8 individual or organization is not the municipal or county 2- 9 police department or a member thereof. Furthermore, the 2-10 municipal or county police department, which has provided 2-11 quality law enforcement services to the citizens of this 2-12 state, has established a name for excellence in its field. 2-13 This name should be protected for the department, its 2-14 members, and the citizens of this state. Therefore, no 2-15 person or organization should be allowed to use any 2-16 municipal or county police department's name or any term 2-17 used to identify the department or its members without the 2-18 expressed permission of the local governing authority. 2-19 The provisions of this chapter are in furtherance of the 2-20 promotion of this policy. 2-21 35-10-3. (Index) 2-22 As used in this chapter, the term: 2-23 (1) 'Badge' means any official badge used in the past or 2-24 present by members of municipal or county police 2-25 departments. 2-26 (2) 'Chief of police' means the chief of police for any 2-27 municipal or county police department. 2-28 (3) 'Department' means any municipal or county police 2-29 department. 2-30 (4) 'Director of public safety' means the director of 2-31 public safety for any municipal or county police 2-32 department. 2-33 (5) 'Emblem' means any official patch or other emblem 2-34 worn currently or formerly or used by the department to 2-35 identify the department or its employees. 2-36 (6) 'Local governing authority' means, with respect to a 2-37 county, the governing authority of the county and, with 2-38 respect to a municipality, the governing authority of 2-39 the municipality. 2-40 (7) 'Person' means any person, corporation, 2-41 organization, or political subdivision of this state. H. B. No. 713 -2- (Index) HB 713/AP 3- 1 (8) 'Willful violator' means any person who knowingly 3- 2 violates the provisions of this chapter. Any person who 3- 3 violates this chapter after being advised in writing by 3- 4 the local governing authority that such person's 3- 5 activity is in violation of this chapter shall be 3- 6 considered a willful violator and shall be considered in 3- 7 willful violation of this chapter. Any person whose 3- 8 agent or representative is a willful violator and who 3- 9 has knowledge of the violation by the agent or 3-10 representative shall also be considered a willful 3-11 violator and in willful violation of this chapter, 3-12 unless upon learning of the violation he or she 3-13 immediately terminates the agency or other relationship 3-14 with such violator. 3-15 35-10-4. (Index) 3-16 Whoever, except with the express written permission of the 3-17 local governing authority, knowingly uses words pertaining 3-18 to a particular municipal or county police department in 3-19 connection with the planning, conduct, or execution of any 3-20 solicitation; advertisement, circular, book, pamphlet, or 3-21 other publication; or play, motion picture, broadcast, 3-22 telecast, telemarketing, or other production in a manner 3-23 reasonably calculated to convey the impression that such 3-24 solicitation; advertisement, circular, book, pamphlet, or 3-25 other publication; or play, motion picture, broadcast, 3-26 telecast, telemarketing, or other production is approved, 3-27 endorsed, or authorized by or associated with the 3-28 department shall be in violation of this chapter. 3-29 35-10-5. (Index) 3-30 Any person who uses or displays any current or historical 3-31 symbol, including any emblem, seal, or badge, used by the 3-32 department in connection with the planning, conduct, or 3-33 execution of any solicitation; advertisement, circular, 3-34 book, pamphlet, or other publication; or play, motion 3-35 picture, broadcast, telecast, telemarketing, or other 3-36 production in a manner reasonably calculated to convey the 3-37 impression that such solicitation; advertisement, 3-38 circular, book, pamphlet, or other publication; or play, 3-39 motion picture, broadcast, telecast, telemarketing, or 3-40 other production is approved, endorsed, or authorized by 3-41 or associated with the department without written 3-42 permission from the local governing authority shall be in 3-43 violation of this chapter. H. B. No. 713 -3- (Index) HB 713/AP 4- 1 35-10-6. (Index) 4- 2 Any person wishing permission to use the nomenclature or a 4- 3 symbol of a department may submit a written request for 4- 4 such permission to the chief of police or director of 4- 5 public safety. Within 15 calendar days after receipt of 4- 6 the request, the chief of police or director of public 4- 7 safety shall send a notice with his or her recommendation 4- 8 to the local governing authority stating whether the 4- 9 person may use the requested nomenclature or symbol. 4-10 Within 30 calendar days after receipt of a recommendation 4-11 from the chief of police or director or public safety, the 4-12 local governing authority shall send a notice to the 4-13 requesting party of their decision on whether or not the 4-14 person may use the requested nomenclature or symbol. If 4-15 the local governing authority does not respond within the 4-16 30 day time period, then the request is presumed to have 4-17 been approved. The grant of permission under Code Section 4-18 35-10-4 or 35-10-5 shall be in the discretion of the local 4-19 governing authority under such conditions as the local 4-20 governing authority may impose. 4-21 35-10-7. (Index) 4-22 Whenever there shall be an actual or threatened violation 4-23 of Code Section 35-10-4 or 35-10-5, the local governing 4-24 authority shall have the right to apply to the superior 4-25 court of the county of residence of the violator for an 4-26 injunction to restrain the violation. 4-27 35-10-8. (Index) 4-28 In addition to any other relief or sanction for a 4-29 violation of Code Section 35-10-4 or 35-10-5, where the 4-30 violation is willful, the local governing authority shall 4-31 be entitled to collect a civil penalty in the amount of 4-32 $500.00 for each violation. Further, when there is a 4-33 finding of willful violation, the local governing 4-34 authority shall be entitled to recover reasonable 4-35 attorney's fees for bringing any action against the 4-36 violator. The local governing authority shall be entitled 4-37 to seek civil sanctions in the superior court in the 4-38 county of residence of the violator. 4-39 35-10-9. (Index) 4-40 Any person who has given money or any other item of value 4-41 to another person due in part to such person's use of 4-42 department nomenclature or symbols in violation of this H. B. No. 713 -4- (Index) HB 713/AP 5- 1 chapter may maintain a suit for damages against the 5- 2 violator. Where it is proven that the violation was 5- 3 willful, the victim shall be entitled to recover treble 5- 4 damages, punitive damages, and reasonable attorney's fees. 5- 5 35-10-10. (Index) 5- 6 Any person who violates the provisions of this chapter 5- 7 shall be guilty of a felony and upon conviction thereof 5- 8 shall be subject to a fine of not less than $1,000.00 or 5- 9 more than $5,000.00 or to imprisonment for not less than 5-10 one or more than five years, or both. Each violation 5-11 shall constitute a separate offense. 5-12 35-10-11. (Index) 5-13 No law enforcement agency shall enforce the traffic laws 5-14 of this state or any traffic ordinances with any name of 5-15 law enforcement authority on its vehicles other than the 5-16 name of the applicable county or municipality or the 5-17 state." SECTION 2. 5-18 This Act shall become effective upon its approval by the 5-19 Governor or upon its becoming law without such approval. SECTION 3. 5-20 All laws and parts of laws in conflict with this Act are 5-21 repealed. H. B. No. 713 -5- (Index)

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