05 LC 21
8451
House
Bill 934
By:
Representatives Mangham of the
94th,
Watson of the
91st,
Stephenson of the
92nd,
Mosby of the
90th,
McClinton of the
84th,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Title 36 of the Official Code of Georgia Annotated, relating to local
government, so as to create the office of sheriff-elect in each county; to
provide for qualifications, salary, and duties of the sheriff-elect; to amend
Article 5 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated,
relating to law enforcement officers, firefighters, prison guards, and publicly
employed emergency medical technicians, so as to provide that sheriffs-elect be
eligible for certain indemnification programs in the event of death or injury;
to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Title
36 of the Official Code of Georgia Annotated, relating to local government, is
amended by inserting immediately following Chapter 7 a new chapter to read as
follows:
"CHAPTER
7A
36-7A-1.
There
is created in each county the office of sheriff-elect. The sheriff-elect shall
be an employee of the judicial circuit. He or she shall receive such salary and
be supplied such staff as the county governing authority deems
appropriate.
36-7A-2.
After
the election for the office of sheriff is certified by the Secretary of State
and until he or she takes the oath of office, a newly elected sheriff shall
automatically become employed in the position of sheriff-elect.
36-7A-3
The
sheriff-elect shall conduct a study of security measures provided in the
courthouse of the county in which he or she was elected and shall, prior to
December 31 of the year of his or her election, consult with the judges of such
court concerning any changes to security procedures. The sheriff-elect shall
also have the duty, with the consent of the sheriff, of assisting the sheriff in
such duties as the sheriff deems proper; provided, however, that the
sheriff-elect shall not assume any duties reserved for peace officers until he
or she has satisfactorily completed the requirements for certification as a
peace officer as provided in Chapter 8 of Title
35."
SECTION
2.
Article
5 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating
to law enforcement officers, firefighters, prison guards, and publicly employed
emergency medical technicians, is amended by striking paragraph (6) of Code
Section 45-9-81, relating to definitions relative to indemnification for death
or permanent disability, and inserting in lieu thereof the
following:
"(6)
'Law enforcement officer' means any agent or officer of this state, or a
political subdivision or municipality thereof, who, as a full-time or part-time
employee, is vested either expressly by law or by virtue of public employment or
service with authority to enforce the criminal or traffic laws and whose duties
include the preservation of public order, the protection of life and property,
or the prevention, detection, or investigation of crime. Such term also includes
the employees designated by the commissioner of juvenile justice of the
Department of Juvenile Justice pursuant to paragraph (2) of subsection (i) of
Code Section 49-4A-8, which employees have the duty to investigate and apprehend
delinquent and unruly children who have escaped from a facility under the
jurisdiction of the Department of Juvenile Justice or who have broken the
conditions of supervision. Such term also includes law enforcement officers of
the Department of Motor Vehicle Safety. Such term also includes members of the
Georgia National Guard, the composition of which is set forth in Code Section
38-2-3, who have been called into active state service by the Governor.
Such term also
includes a sheriff-elect as provided for in Chapter 7A of Title
36."
SECTION
3.
Said
article is further amended by striking paragraph (6) of Code Section 45-9-102,
relating to definitions relative to indemnification for injuries incurred in the
line of duty, and inserting in lieu thereof the following:
"(6)
'Law enforcement officer' means any agent or officer of this state, or a
political subdivision or municipality thereof, who, as a full-time employee, is
vested either expressly by law or by virtue of public employment or service with
authority to enforce the criminal or traffic laws and whose duties include the
preservation of public order, the protection of life and property, or the
prevention, detection, or investigation of crime. Such term also includes prison
guards as defined under Code Section 45-9-81 and the employees designated by the
commissioner of juvenile justice of the Department of Juvenile Justice pursuant
to paragraph (2) of subsection (i) of Code Section 49-4A-8, which employees have
the duty to investigate and apprehend delinquent and unruly children who have
escaped from a facility under the jurisdiction of the Department of Juvenile
Justice or who have broken the conditions of supervision and employees
designated and delegated law enforcement powers by the commissioner of motor
vehicle safety, which personnel have the duty to enforce the laws relating to
motor carriers and the transportation of hazardous materials.
Such term also
includes a sheriff-elect as provided for in Chapter 7A of Title
36."
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.