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 purposes.

Baker, Thurbert E (70th) (Resigned) Twiggs, Ralph (8th) Bordeaux, Tom (151st)
Orrock, Nan (56th)
Status Summary HC: PubS SC: LA: 03/28/97 H - Recommitted (Sub)
Page Numbers - 1/ 2
Code Sections - 35-9-16
Recorded Votes
House Action Senate
1/16/97 Read 1st Time
1/17/97 Read 2nd Time
2/20/97 Favorably Reported
Sub Committee Amend/Sub
3/28/97 Recommitted
2/24/97 Read 3rd Time

HB 163                                         LC 14 6884-ECS 
 
 
 
 
 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  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: 
 
  1-14    "35-9-16. 
 
  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 
  1-27    circumstances: 
 
  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 
 
 
                                 -1- 
 
 
 
  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 
  2-36  repealed. 
 
 
 
 
 
 
 
 
                                 -2- 

Clerk of the House
Robert E. Rivers, Jr., Clerk
Last Updated on 04/20/98

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