08 LC 21
9596
House
Bill 1118
By:
Representatives Hugley of the
133rd,
Williams of the
165th,
Watson of the
91st,
Smyre of the
132nd,
Thomas of the
55th,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 1 of Title 35 of the Official Code of Georgia Annotated, relating
to general provisions relative to law enforcement officers and agencies, so as
to define certain terms; to provide that a law enforcement agency may receive
and investigate complaints from any peace officer concerning the possibility of
unlawful activity on the part of another peace officer; to prohibit the
disclosure of identity; to provide that no law enforcement agency shall
retaliate against a peace officer for disclosing suspected unlawful activity; to
provide for legal remedy; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
1 of Title 35 of the Official Code of Georgia Annotated, relating to general
provisions relative to law enforcement officers and agencies, is amended by
adding a new Code section to read as follows:
"35-1-15.
(a)
As used in this Code section, the term:
(1)
'Law enforcement agency' means any agency, organ, or department of this state or
a subdivision or municipality thereof whose primary functions include the
enforcement of criminal or traffic laws, the preservation of public order, the
protection of life and property, or the prevention, detection, or investigation
of crime.
(2)
'Peace officer' means an agent, operative, or officer of this state or a
subdivision or municipality thereof who, as an employee for hire, is vested
either expressly by law or by virtue of public employment or service with the
authority to enforce criminal or traffic laws through the power of arrest and
whose duties include the preservation of public order, the protection of life
and property, and the prevention, detection, or investigation of
crime.
(3)
'Retaliate' or 'retaliation' means the discharge, suspension, or demotion by a
law enforcement agency of a peace officer or any other adverse employment
action taken by a law enforcement agency against a peace officer in the terms or
conditions of employment as a result of such peace officer reporting suspected
unlawful activity on the part of another peace officer.
(b)
A law enforcement agency may receive and investigate complaints or information
from any peace officer concerning the possibility of any unlawful activity on
the part of another peace officer.
(c)
Notwithstanding any other law to the contrary, such law enforcement agency shall
not, after receipt of a complaint or information from a peace officer, disclose
the identity of that peace officer without the written consent of such peace
officer, unless the law enforcement agency determines such disclosure is
necessary and unavoidable during the course of its investigation. In such
event, such peace officer shall be notified in writing at least seven days prior
to such disclosure.
(d)
No law enforcement agency shall retaliate against a peace officer for disclosing
suspected unlawful activity to either a supervisor or a government agency,
unless the disclosure was made with knowledge that such disclosure was false or
with reckless disregard for its truth or falsity.
(e)(1)
A peace officer who has been the object of retaliation in violation of this Code
section may institute a civil action in superior court for relief as set forth
in paragraph (2) of this subsection within one year after discovering the
retaliation or within three years after the retaliation, whichever is
earlier.
(2)
In any action brought pursuant to this subsection, the court may order any or
all of the following relief:
(A)
An injunction restraining continued violation of this Code section;
(B)
Reinstatement of the peace officer to the same position held before the
retaliation or to an equivalent position;
(C)
Reinstatement of full fringe benefits and seniority rights;
(D)
Compensation for lost wages, benefits, and other remuneration; and
(E)
Any other compensatory damages allowable by law.
(f)
A court may award reasonable attorney´s fees, court costs, and expenses to
a prevailing peace officer."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.