hb521_LC_28_2378S_hcs_5.html
05 LC 28 2378S
House Bill 521 (COMMITTEE SUBSTITUTE)
By: Representatives Crawford of the 127th, Talton of the 145th, and Barnard of the 166th


A BILL TO BE ENTITLED
AN ACT

To amend Article 1 of Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions applicable to sheriffs, so as to provide that the office of sheriff shall be deemed vacant if the sheriff́s certification as a peace officer is revoked; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Article 1 of Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions applicable to sheriffs, is amended by striking Code Section 15-16-8, relating to vacancies in the office of sheriff, and inserting in lieu thereof the following:
"15-16-8.
(a) Except as otherwise provided by local law, vacancies in the office of sheriff shall be filled and the proceedings thereafter shall be as in cases of vacancies in the office of clerk of the superior court, subject to the exception provided in subsection (b) of this Code section.
(b) In case there is a failure to appoint, as set forth in Code Section 15-6-54, the coroner of the county shall act as sheriff. If there is no coroner, the sheriff of any adjoining county is authorized to act as sheriff until the judge of the probate court makes the appointment or an election is held.
(c) Reserved. Notwithstanding the provisions of Code Section 45-5-1, the office of sheriff shall by operation of law be deemed vacant upon certification by the Georgia Peace Officer Standards and Training Council to the judge of the probate court of the county that the certification required to be a peace officer has been revoked for the sheriff of said county. Such vacancy shall be filled as provided in this Code section.
(d) Notwithstanding the provisions of Code Section 45-5-1, the office of sheriff shall by operation of law be deemed vacated upon certification being made by the Georgia Peace Officer Standards and Training Council to the judge of the probate court of such county that a newly elected sheriff who is not a registered or certified peace officer at the time of taking office has failed to become a certified peace officer within the required time and pursuant to the provisions of subparagraph (c)(1)(J) of Code Section 15-16-1. Such vacancy shall be filled as provided in this Code section."

SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.