07 LC
35 0511
House
Resolution 424
By:
Representatives Day of the
163rd,
Talton of the
145th,
Barnard of the
166th,
Ralston of the
7th,
and Bearden of the
68th
A
RESOLUTION
Creating
the House Study Committee on the Power of Arrest and Peace Officer Certification
in Georgia; and for other purposes.
WHEREAS,
it is essential to public health and safety that individuals authorized to act
as peace officers and to use the power of arrest be sufficiently trained,
experienced, and certified; and
WHEREAS,
the Georgia Peace Officer Standards and Training Council (POST Council) sets
standards for peace officers in this state and mandates specific training and
certification requirements necessary to ensure officers are prepared to
efficiently exercise the power of arrest; and
WHEREAS,
POST Council also regulates the professional practices of certified peace
officers and provides review and disciplinary action where peace officers abuse
the power of arrest or otherwise engage in misconduct; and
WHEREAS,
it has come to the attention of this body that there exist categories of
officers authorized by law to exercise the power of arrest but who have no
corresponding legal requirement to be certified, trained, or reviewed by POST
Council; and
WHEREAS,
further inquiry and review is needed to discern whether there are officers
exercising the power of arrest, other than in state of emergency situations, who
are not certified and to explore further the enabling legislation for all
officers authorized to exercise the power of arrest, and, upon such inquiry and
review, to make a determination whether legislation is needed to establish or to
clarify that POST Council certification is required prior to any officer
exercising the power of arrest in this state.
NOW,
THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is created
the House Study Committee on the Power of Arrest and Peace Officer Certification
in Georgia to be composed of five members of the House of Representatives to be
appointed by the Speaker of the House of Representatives. The Speaker shall
designate a member of the committee as chairperson of the committee. The
chairperson shall call all meetings of the committee.
BE
IT FURTHER RESOLVED that the committee shall undertake a study of the
conditions, needs, issues, and problems mentioned above or related thereto and
recommend any action or legislation which the committee deems necessary or
appropriate. The committee shall focus its attention on whether officers
authorized by law to exercise the power of arrest are also required by law to be
certified by the Georgia Peace Officer Standards and Training Council. The
committee may conduct such meetings at such places and at such times as it may
deem necessary or convenient to enable it to exercise fully and effectively its
powers, perform its duties, and accomplish the objectives and purposes of this
resolution. The members of the committee shall receive the allowances provided
for in Code Section 28-1-8 of the Official Code of Georgia Annotated. The
allowances authorized by this resolution shall not be received by any member of
the committee for more than five days unless additional days are authorized.
The funds necessary to carry out the provisions of this resolution shall come
from the funds appropriated to the House of Representatives. The committee
shall make a report of its findings and recommendations, with suggestions for
proposed legislation, if any, on or before December 31, 2007. The committee
shall stand abolished on January 31, 2008.