07 LC
35 0320
House
Bill 74
By:
Representatives Day of the
163rd,
Horne of the
71st,
and Neal of the
1st
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 69 of Title 36 of the Official Code of Georgia Annotated, relating
to mutual aid for local governments, so as to authorize peace officers rendering
assistance to state or local law enforcement agencies to exercise the power of
arrest; to provide for related matters; to provide limitations to liability for
acts arising from the provision of law enforcement assistance to law enforcement
agencies; to provide an effective date; to repeal conflicting laws; and for
other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
69 of Title 36 of the Official Code of Georgia Annotated, relating to mutual aid
for local governments, is amended by adding a new Code section immediately
following Code Section 35-69-10 to read as follows:
"35-69-11.
(a)
Upon request, the sheriff of any county or the head of any county or municipal
police agency may provide assistance to any law enforcement agency within this
state. A certified peace officer employed by a sheriff or police department who
renders requested assistance with the approval of his or her employing agency,
shall be authorized to exercise the powers of arrest to the same extent as any
peace officer employed by the law enforcement agency receiving such assistance.
The powers of arrest conferred by this Code section shall be in addition to any
other powers of arrest otherwise provided by law.
(b)
A peace officer providing assistance pursuant to this Code section shall
continue to have those powers, duties, rights, privileges, and immunities
incidental to their employment. Neither the state nor any political subdivision
of the state, nor the agents or representative of the state or any political
subdivision thereof, shall be liable for personal injury or property damage
resulting or arising from the provision of such assistance. The foregoing shall
not affect the right of any person to receive benefits or compensation to which
he or she might otherwise be entitled under Chapter 9 of Title 34, any pension
law, or any act of Congress."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.