08 LC
29 3327
House
Bill 1392
By:
Representative Ralston of the
7th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 2 of Chapter 18 of Title 15 and Code Section 16-11-130 of the
Official Code of Georgia Annotated, relating to the Prosecuting Attorneys´
Council of the State of Georgia and exemptions from Code Sections 16-11-126
through 16-11-128, respectively, so as to expand the powers and duties of
attorneys and investigators employed by the Prosecuting Attorneys´ Council
of the State of Georgia; to provide that such investigators shall meet the
requirements of Chapter 8 of Title 35; to provide that investigators employed by
the Prosecuting Attorneys´ Council of the State of Georgia and attorneys
and investigators who are retired from the Prosecuting Attorneys´ Council
of the State of Georgia shall be exempt from certain state weapons requirements;
to provide for related matters; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
2 of Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating
to the Prosecuting Attorneys´ Council of the State of Georgia, is amended
by adding a new Code section to read as follows:
"15-18-47.
Attorneys
and investigators employed by the council shall meet the same qualifications as
those provided by Code Section 15-18-21 for attorneys and investigators employed
by district attorneys. Such attorneys and investigators shall take and
subscribe to an oath similar to the oath required by district attorneys. When
assisting a district attorney, solicitor-general, or the Attorney General, such
attorneys and investigators shall have the same authority and power as an
attorney or investigator employed by such district attorney, solicitor-general,
or the Attorney General. Investigators employed by the council and authorized
by the council to carry weapons or to exercise any of the powers of a peace
officer of this state shall meet the requirements of Chapter 8 of Title
35."
SECTION
2.
Code
Section 16-11-130 of the Official Code of Georgia Annotated, relating to
exemptions from Code Sections 16-11-126 through 16-11-128, is amended by
revising paragraph (5) of subsection (a) as follows:
"(5)
District attorneys, investigators employed by and assigned to a district
attorney´s office, assistant district attorneys, attorneys
or
investigators employed by the Prosecuting
Attorneys´ Council of
the State
of Georgia, and any retired district
attorney, assistant district attorney,
or
district attorneys
investigator,
or attorney or investigator retired from the Prosecuting Attorneys´ Council
of the State of Georgia, if such
retired
employee is
retired in
good standing and is receiving benefits
under Title 47 or is retired in good standing and receiving benefits from a
county or municipal retirement system;"
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.
