LC 28 2612
A
BILL TO BE ENTITLED
AN ACT
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.