hb947.html

LC 28 2612

A BILL TO BE ENTITLED
AN ACT

To amend Code Section 45-9-81 of the Official Code of Georgia Annotated, relating to definitions concerning the Georgia State Indemnification Fund, so as to revise certain definitions; to provide for coverage for persons undergoing training to become law enforcement officers; to provide for coverage for persons who are employed as law enforcement officers by certain public authorities; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Code Section 45-9-81 of the Official Code of Georgia Annotated, relating to definitions concerning the Georgia State Indemnification Fund, is amended by striking paragraphs (5) and (6) and inserting in lieu thereof new paragraphs (5) and (6) to read as follows:

"(5) 'In the line of duty' means:

(A) With respect to an emergency medical technician, while on duty and when responding to or returning from an emergency or performing duties at the scene of an emergency or transporting a person to a medical facility for emergency treatment or returning therefrom;

(B) With respect to a firefighter, while on duty and when responding to or returning from a fire or other emergency or performing duties during any fire or other emergency or performing duties intended to protect life and property;

(C) With respect to a law enforcement officer or firefighter, while on duty and performing services for and receiving compensation from the law enforcement and fire service agency which employs such officer or firefighter, while off duty when and responding to any situation which would save a life or preserve the peace, or while preventing or attempting to prevent the commission of a crime or fire, or while engaging in training exercises required by law to achieve or maintain certification for employment as a law enforcement officer or firefighter. A law enforcement officer or firefighter who is performing duties for and receiving compensation from a private employer at the time of such officeŕs or firefighteŕs death or bodily injury causing permanent disability shall not be considered in the line of duty unless the officer or firefighter has left the scope of his or her employment for the private employer for the direct purpose of enforcing or attempting to enforce fire service, the criminal or traffic laws, preserving or attempting to preserve public order, protecting or attempting to protect life or property, performing active state service as a member of the Georgia National Guard, preventing or attempting to prevent a crime, detecting or attempting to detect crime, or investigating or attempting to investigate crime. The determination that a law enforcement officer or firefighter was killed or permanently disabled in the line of duty and is entitled to indemnification pursuant to this part shall not be considered in the determination of the entitlement of such officer to workerś compensation, disability, health, or other benefits from such officeŕs or firefighteŕs public or private employer;

(D) With respect to a prison guard, while on duty and performing services for and receiving compensation from the public agency which employs such prison guard; or

(E) With respect to a state highway employee, while on duty and performing any work necessary for the construction, maintenance, or operation of a roadway on or within the public roads of the state as defined in paragraph (24) of Code Section 32-1-3 when such employee is killed or permanently disabled as the result of working under hazardous conditions in close proximity to moving traffic or equipment.

(6) 'Law enforcement officer' means any agent or officer of this state, or a political subdivision, or municipality thereof, or public authority, including a local authority created as a joint public instrumentality of a municipality or county, of this state 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 shall include any individual who, as a full-time or part-time employee, is attending training as required by Chapter 8 of Title 35 to obtain the necessary authority to enforce the criminal or traffic laws of this state. 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 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."

SECTION 2.

All laws and parts of laws in conflict with this Act are repealed.