08 LC
35 0716/AP
House
Bill 983 (AS PASSED HOUSE AND SENATE)
By:
Representatives Collins of the
27th,
Martin of the
47th,
Day of the
163rd,
Talton of the
145th,
Sellier of the
136th,
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 for law enforcement officers and agencies, so as to
provide for the arrest of certain offenders by out-of-state law enforcement
officers; to provide for related matters; 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
1 of Title 35 of the Official Code of Georgia Annotated, relating to general
provisions for 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)
'Fresh pursuit' means pursuit by a law enforcement officer of a person who is in
immediate and continuous flight from the commission of a criminal
offense.
(2)
'Law enforcement officer' means a person employed or appointed by a state or
political subdivision who is granted, by state law, the authority to enforce
criminal, traffic, or penal laws of their respective state and who possesses the
power to effect arrests.
(b)
A law enforcement officer from Alabama, Florida, North Carolina, South Carolina,
or Tennessee who enters this state in fresh pursuit of a person shall have the
same authority to arrest and hold in custody such person within this state as
that of a law enforcement officer of this state. Provided, however, that the
authority granted by this Code section shall be limited to criminal offenses of
the pursuing state that also are criminal offenses under the laws of this state
and that are punishable by death or imprisonment in excess of one year under the
laws of the pursuing state.
(c)(1)
When an arrest is made in this state by a law enforcement officer of another
state pursuant to this Code section, the law enforcement officer shall, without
unnecessary delay, take the person arrested before a judicial officer of this
state.
(2)
The judicial officer shall conduct a hearing for the limited purpose of
determining whether such arrest meets the requirements of this Code section
unless the person arrested executes a written waiver of his or her right to a
hearing under this Code section. If the judicial officer determines that such
arrest was unlawful, he or she shall discharge such person arrested. If the
judicial officer determines that such arrest was lawful, he or she shall commit
such person arrested to imprisonment as provided in Code Section 17-13-35. Once
such person is imprisoned pursuant to this Code section, the provisions of
Chapter 13 of Title 17 of the Official Code of Georgia Annotated govern the
extradition and return of such person to the state in which the criminal offense
was committed.
(d)
This Code section shall apply only to a law enforcement officer from Alabama,
Florida, North Carolina, South Carolina, or Tennessee where the state in which
the law enforcement officer is employed or appointed has enacted a provision
similar to this Code section relating to the arrest and custody of a person
pursued into a neighboring state."
SECTION
2.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.