07 LC 28
3180
House
Bill 48
By:
Representatives Chambers of the
81st,
Bearden of the
68th,
and Geisinger of the
48th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 45-9-81 of the Official Code of Georgia Annotated, relating
to definitions relative to the Georgia State Indemnification Fund, so as to
redefine certain terms; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 45-9-81 of the Official Code of Georgia Annotated, relating to
definitions relative to the Georgia State Indemnification Fund, is amended by
revising paragraph (5) to read as follows:
"(5)
'In the line of duty' means:
(A)
With respect to an emergency medical technician, while on duty and when
responding to or returning from an emergency or performing duties at the scene
of an emergency or transporting a person to a medical facility for emergency
treatment or returning therefrom;
(B)
With respect to a
firefighter,
while:
(i)
While on duty and when responding to or
returning from a fire or other emergency or performing duties during any fire or
other emergency or performing duties intended to protect life and property;
or
(ii)
While on or off duty within 24 hours after returning from the last fire to which
he or she responded while on duty during any shift or day;
(C)
With respect to a law enforcement officer or firefighter, while on duty and
performing services for and receiving compensation from the law enforcement and
fire service agency which employs such officer or firefighter, while off duty
when responding to any situation which would save a life or preserve the peace,
or while preventing or attempting to prevent the commission of a crime or fire.
A law enforcement officer or firefighter who is performing duties for and
receiving compensation from a private employer at the time of such
officer´s or firefighter´s death or bodily injury causing permanent
disability shall not be considered in the line of duty unless the officer or
firefighter has left the scope of his or her employment for the private employer
for the direct purpose of enforcing or attempting to enforce fire service, the
criminal or traffic laws, preserving or attempting to preserve public order,
protecting or attempting to protect life or property, performing active state
service as a member of the Georgia National Guard, preventing or attempting to
prevent a crime, detecting or attempting to detect crime, or investigating or
attempting to investigate crime. The determination that a law enforcement
officer or firefighter was killed or permanently disabled in the line of duty
and is entitled to indemnification pursuant to this part shall not be considered
in the determination of the entitlement of such officer to workers´
compensation, disability, health, or other benefits from such officer´s or
firefighter´s public or private employer;
(D)
With respect to a prison guard, while on duty and performing services for and
receiving compensation from the public agency which employs such prison guard;
or
(E)
With respect to a state highway employee, while on duty and performing any work
necessary for the construction, maintenance, or operation of a roadway on or
within the public roads of the state as defined in paragraph (24) of Code
Section 32-1-3 when such employee is killed or permanently disabled as the
result of working under hazardous conditions in close proximity to moving
traffic or equipment."
SECTION
2.
Said
Code section is further amended by striking paragraph (6) and inserting in lieu
thereof the following:
"(6)
'Law enforcement officer' means any agent or officer of this state,
or
a political subdivision or municipality
thereof,
of this state,
or an authority or instrumentality of this
state who, as a full-time or part-time
employee, is
enrolled in a basic training course for purposes of Code Section 35-8-9 in a
school certified by the Georgia Peace Officer Standards and Training Council
or is vested either expressly by law or by
virtue of public employment or service with authority to enforce the criminal or
traffic laws and whose duties include the preservation of public order, the
protection of life and property, or the prevention, detection, or investigation
of crime. Such term also includes the employees designated by the commissioner
of juvenile justice of the Department of Juvenile Justice pursuant to paragraph
(2) of subsection (i) of Code Section 49-4A-8, which employees have the duty to
investigate and apprehend delinquent and unruly children who have escaped from a
facility under the jurisdiction of the Department of Juvenile Justice or who
have broken the conditions of supervision. Such term also includes members of
the Georgia National Guard, the composition of which is set forth in Code
Section 38-2-3, who have been called into active state service by the
Governor."
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.