05 LC 22
5877
Senate
Bill 319
By: Senator Brown of the 26th
By: Senator Brown of the 26th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Title 35 of the Official Code of Georgia Annotated, relating to law
enforcement officers and agencies, so as to provide for procedures to ensure due
process for peace officers in certain circumstances; to define certain terms; to
prohibit discrimination; to provide that this Act does not preclude paid
administrative leave in certain circumstances; to repeal conflicting laws; and
for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Title
35 of the Official Code of Georgia Annotated, relating to law enforcement
officers and agencies, is amended by adding at the end thereof a new Chapter 11
to read as follows:
"CHAPTER
11
35_11_1.
As
used in this chapter, the term:
(1)
'Agency' means any public law enforcement, corrections, parole, probation, jail,
or other law enforcement unit, as defined by Code Section 35_8_2, which serves
as a public entity or unit of the State of Georgia or its political
subdivisions.
(2)
'Peace officer' means any law enforcement officer, corrections officer, parole
officer, probation officer, jail officer, or any other public employee
identified in Code Section 35_8_2 who is certified or registered by the Georgia
Peace Officer Standards and Training Council and who holds a nonelected position
with an agency.
35_11_2.
Peace
officers shall not be discriminated against, terminated, or penalized in regard
to their employment because of national origin, race, creed, sex, age, or
religion or for any reason other than for cause; provided, however, that new
hires may be required to serve a probationary period not to exceed 12
months.
35_11_3.
(a)
Each agency shall establish procedures to ensure that any peace officer upon
written request within 15 days of any adverse administrative action which
results in the loss of pay, reduction in rank, or dismissal is afforded due
process of law prior to the imposition of any administrative action against the
peace officer. Such procedures shall include, as a minimum, a hearing before a
fair and impartial board or hearing officer; notice of the charges against said
peace officer; the right to be represented at said hearing at the expense of the
accused peace officer; the right to cross_examine any witnesses testifying
against said peace officer; and the right to present witness testimony and
evidence on behalf of the peace officer.
(b)
The agency head will cause the verdict of the hearing board or hearing officer
to be filed with the Georgia Peace Officer Standards and Training Council and to
be included in the peace officer´s employment file.
35_11_4.
Nothing
in this chapter shall preclude an agency head or his or her designee from taking
appropriate action to safeguard the public or the integrity of the agency by
placing a peace officer on paid administrative leave during an administrative
investigation involving death, accident, injury, violence, moral turpitude,
corruption, actual or suspected criminal activity, or serious policy
violation."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.