05 LC 22
5727ER/AP
House
Bill 289 (AS PASSED HOUSE AND SENATE)
By:
Representatives Day of the
163rd,
Neal of the
1st,
Porter of the
143rd,
Horne of the
71st,
and Talton of the
145th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 1 of Chapter 9 of Title 42 of the Official Code of Georgia
Annotated, relating to general provisions for pardons and paroles, so as to
authorize the State Board of Pardons and Paroles to confer the powers of law
enforcement officers on certain employees of the board to allow such employees
to assist law enforcement, correctional, or homeland security officers; to
provide for related matters; to provide an effective date; to repeal conflicting
laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
1 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating
to general provisions for pardons and paroles, is amended by inserting a new
Code section to be designated Code Section 42-9-9.1 to read as
follows:
"42-9-9.1.
(a)
In order to assist in the preservation of peace, order, and security,
governmental officials from law enforcement, correctional, or homeland security
agencies of federal, state, or local governments may request assistance from the
board. For the purpose of providing the requested assistance, a majority of the
members of the board may confer all powers of a law enforcement officer of this
state, including, but not limited to, the power to make arrests for violations
of any of the criminal laws of this state, upon any person who is employed by
the board and who is otherwise certified as a peace officer under the provisions
of Chapter 8 of Title 35.
(b)
Before the board grants the powers of a law enforcement officer authorized in
subsection (a) of this Code section, the board must find that extraordinary
circumstances exist that necessitate additional law enforcement
officers.
(c)
The time period for the law enforcement officer powers authorized in subsection
(a) of this Code section shall be specified when the powers are bestowed, not to
exceed 30 days.
(d)
While possessing the powers of a law enforcement officer authorized in
subsection (a) of this Code section, the board employee shall be under the
direction of the federal, state, or local government entity requesting
assistance from the
board."
SECTION
2.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.