|HB 163 - Federal law enforcement officers; powers|
First Reader Summary
A BILL to amend Chapter 9 of Title 35 of the Official Code of
Georgia Annotated, relating to special policemen, so as to define
a term; to provide that federal law enforcement officers shall
have the same powers, duties, privileges, and immunities as a
peace officer under certain circumstances; and for other
Page Numbers -
Code Sections -
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HB 163 LC 14 6884-ECS
A BILL TO BE ENTITLED
1- 1 To amend Chapter 9 of Title 35 of the Official Code of
1- 2 Georgia Annotated, relating to special policemen, so as to
1- 3 define a term; to provide that federal law enforcement
1- 4 officers shall have the same powers, duties, privileges, and
1- 5 immunities as a peace officer under certain circumstances;
1- 6 to provide limitations; to provide an effective date; to
1- 7 repeal conflicting laws; and for other purposes.
1- 8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
1- 9 SECTION 1.
1-10 Chapter 9 of Title 35 of the Official Code of Georgia
1-11 Annotated, relating to special policemen, is amended by
1-12 adding to the end of that chapter a new Code Section 35-9-16
1-13 to read as follows:
1-15 (a) As used in this Code section, the term 'federal law
1-16 enforcement officer' means a person employed by the United
1-17 States government who is vested either expressly by law or
1-18 by virtue of such employment with authority to enforce the
1-19 provisions of federal law through the power of arrest and
1-20 who is authorized to carry a firearm in the performance of
1-21 the person's official duties as a law enforcement officer
1-22 of the United States.
1-23 (b) A federal law enforcement officer shall have the same
1-24 powers, duties, privileges, and immunities as a peace
1-25 officer of this state when making an arrest or rendering
1-26 assistance involving any crime under any of the following
1-28 (1) The federal law enforcement officer observes a crime
1-29 committed in that officer's presence or within that
1-30 officer's immediate knowledge, or if an offender is
1-31 endeavoring to escape;
1-32 (2) The federal law enforcement officer renders
1-33 assistance to a peace officer or other law enforcement
2- 1 officer of this state pursuant to that other officer's
2- 2 specific request or in an emergency; or
2- 3 (3) The federal law enforcement officer makes the arrest
2- 4 while providing assistance as a part of a bona fide task
2- 5 force or joint investigation in conjunction with peace
2- 6 officers or other law enforcement officers of this
2- 7 state.
2- 8 (c) Nothing contained in this Code section shall limit any
2- 9 existing authority otherwise conferred upon a federal law
2-10 enforcement officer; provided that in all circumstances in
2-11 which a federal law enforcement officer makes an arrest or
2-12 renders assistance in accordance with subsection (b) of
2-13 this Code section concerning a violation of state or local
2-14 law, the federal law enforcement officer shall immediately
2-15 notify the law enforcement agency with jurisdiction over
2-16 the offense and relinquish all control to that law
2-17 enforcement agency for any such violation.
2-18 (d) Nothing contained in this Code section shall operate
2-19 to impose civil liability on any state or local law
2-20 enforcement agency, municipal or county governing
2-21 authority, sheriff, chief of police, or any state or local
2-22 law enforcement officer for any claims or causes of action
2-23 that may arise as the result of a federal law enforcement
2-24 officer making an arrest or rendering assistance in
2-25 accordance with subsection (b) of this Code section.
2-26 (e) Nothing contained in this Code section shall operate
2-27 to confer peace officer status upon any federal law
2-28 enforcement officer or qualify any federal law enforcement
2-29 officer for membership in the Peace Officers' Annuity and
2-30 Benefit Fund."
2-31 SECTION 2.
2-32 This Act shall become effective upon its approval by the
2-33 Governor or upon its becoming law without such approval.
2-34 SECTION 3.
2-35 All laws and parts of laws in conflict with this Act are
Clerk of the House
Robert E. Rivers, Jr., Clerk
Last Updated on 04/20/98