07 LC 38
0398S
The
Senate Appropriations Committee offered the following substitute to HB
48:
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
training,
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
training,
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;
(C)
With respect to a law enforcement officer or firefighter, while on duty and
performing services for and
receiving
with or
without 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,
an authority or instrumentality of this state, or a local authority created as a
joint public instrumentality of municipalities or counties 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.