PBA of Georgia Legislative Update
Feb 24, 2017
PBA of Georgia Legislature Update
Day 24 of 40 Legislative Days Completed*
HB 116 by Representative Bert Reeves and others. Proposes to amend OCGA 15-11-560 to make superior court exclusive original jurisdiction over any child 13 to 17 years of age who is alleged to have committed the crime of aggravated assault if committed with a firearm upon a peace officer or corrections officer or aggravated battery upon a peace officer or corrections officer.
Favorably reported out of the House Judiciary Non-Civil Committee by Substitution on 02/22/17.
HB 135 by Representative Amy Carter and others. Proposes to amend OCGA 47-2-226 to allow investigators of the Department of Drivers Services to buy up to five years of creditable service in the Employees Retirement System at full actuarial cost. Must be in ERS for at least ten years. Must have previously worked for a city or county law enforcement agency and not be eligible to draw now or in the future from a defined benefit or contribution plan other than the POAB.
Assigned to the House Retirement Committee.
HB 258 by Representative Alan Powell and others. Proposes to amend OCGA 16-5-21 (d) by increasing the minimum sentence to 10 years for aggravated assault on a peace officer. Also amends OCGA 16-5-24 (b) by creating second and third offenses with increasing penalties for resisting, opposing, or obstructing any law enforcement officer, prison guard, jailer, correctional officer, community supervision officer, probation officer, or conservation ranger.
Assigned to the House Judiciary Non-Civil Committee.
HB 367 by Representative Brian Strickland and others. Proposes to create a new code section OCGA 45-1-7 so as to provide a legal means for public safety officers, prosecutors, judges, and others to request redaction of their home address and phone number as well as any person related by blood or marriage from any entity’s website or any other internet access point within the entity’s control.
Assigned to the House Judiciary Committee.
HB 398 by Representative Paul Battles and others. Proposes to amend OCGA 47-17-1 to allow certain designated law enforcement personnel in the Department of Juvenile Justice, Secretary of State’s Office, GBI narcotics agents, Department of Driver Services, Georgia Composite Medical Board, and Georgia Board of Dentistry to be eligible for membership in the POAB under certain conditions.
Assigned to the House Retirement Committee.
HB 452 by Representative Jesse Petrea and others. Proposes to add a new code sections OCGA 35-3-14 and 42-4-14.1 to require GBI to publish names and criminal charges of any arrested non-US citizens on GBI public website based on mandated monthly reporting by city and county jails.
Assigned to the House Public Safety Committee.
SB 15 by Senator Michael Rhett and others. Proposes to amend OCGA 16-11-129 (h) to clarify the requirements for a free carry permit for retired or disabled law enforcement officers.
Assigned to the Senate Judiciary Committee.
SB 18 by Senator Tyler Harper and others. Proposes to amend OCGA 35-1-20 by creating a new subsection (c) requiring any state entity who employs sworn law enforcement officers certified by POST to establish rules to allow them to retain their weapon and badge under certain conditions of retirement or disability. Also amends OCGA 16-11-130 to allow any current GA resident who is honorably retired or disabled from any state or U.S. law enforcement agency and meeting certain criteria as established by GA POST Council shall be able to carry a handgun anywhere in this state as allowed by current GA law. Passed the Senate by Public Safety Committee substitute on February 10, 2017.
Assigned to the House Public Safety Committee.
SB 80 by Senator P K Martin and others. Proposes to amend OCGA 16-11-130 by adding a sub-section (c)(5) to allow retired or disabled law enforcement from out of state agencies now residing in Georgia to carry a firearm like Georgia officers. Assigned to Senate Judiciary Committee but rendered unnecessary when this bill was merged with SB 18 as part of the committee substitute passed by the Senate.
SB 154 by Senator Greg Kirk and others. Proposes to amend OCGA 16-5-19 to create the Public Safety Officer designation to include peace officer, correctional officer, emergency health worker, firefighter, highway emergency response officer, and officer of the court. Also creates a definition of strangulation. Amends OCGA 16-5-21 and 16-5-24 to increase the sentencing penalty for aggravated assault and aggravated battery on a public safety officer and establishes additional fines. Amends OCGA 45-9-85 to increase the state indemnification payout to $150,000. Amends OCGA 51-2-3 to allow a superior court judge the discretion to fine the parent or guardian of a child under the age of 18 in an amount greater than current limit of $10,000 if that child’s actions were committed against a public safety officer.
Passed the Senate by Public Safety Committee Substitute on 02/24/17.
SB 155 by Senator Greg Kirk and others. Proposes to create new code sections OCGA 45-25-1, 45-25-2, and 42-25-3 to create a permanent Local Law Enforcement Officer Compensation Commission of nine members composed of certain appointed and designated individuals. Mandates each city and county law enforcement agency to provide salary, compensation and turnover data to the Department of Administrative Services every odd number year. The DOAS shall generate a report to the commission on this and other matters.
Passed the Senate by Public Safety Committee Substitute on 02/24/17.
SB 160 by Senator Tyler Harper and others. The Back the Badge Act of 2017 proposes to create a new OCGA 16-5-19 creating a definition for public safety officer, to include peace officer, correctional officer, emergency health worker, firefighter, highway emergency response officer, and officer of the court. Amends OCGA 16-5-21 and 16-5-24 to increase certain minimum punishments for aggravated assault or aggravated battery of a public safety officer. In addition, it amends OCGA 15-11-560 to add aggravated assault and aggravated battery on a public safety officer to the list of offenses of exclusive original jurisdiction of superior count when committed by any child of 13 to 17 years of age. Also amends OCGA 16-10-24 creating additional definitions and penalties related to obstruction, hindering, or opposing any law enforcement officer, prison guard, jailer, correctional officer, community supervision officer, probation officer, or conservation ranger. In addition, it increases the punishment for those who cause or attempt to cause a public safety officer to come into contact with any animal or human blood, urine, feces, vomitus, or seminal fluid by throwing, tossing, projecting, or expelling such fluid or materials. It would amend OCGA 16-10-56 to define and set penalties for violent or tumultuous act committed by an individual while confined to any jail or penal institution. Lastly, it would amend OCGA 16-11-43 to make it a misdemeanor of high and aggravated nature as related to certain instances of obstruction of a highway, street, side walk, and other public passage.
Passed the Senate by Public Safety Committee Substitute on 02/24/17.
SB 169 by Senator Greg Kirk and others. Proposes to amend OCGA 40-2-86 by adding a new paragraph (55) to subsection (l) to create a special license plate to honor Georgia law enforcement officers with “Back the Badge” across the bottom of the tag. The funds raised from the sale of this tag will go to the Peace Officers’ Annuity and Benefit Fund.
Passed the Senate by Public Safety Committee Substitute on 02/24/17.
SB 201 by Senator Butch Miller and others. Proposes to create a new code OCGA 34-1-10 to mandate employers who provide sick leave to allow employees to use sick leave for the care of the employee’s immediate family members. Employers are mandated to allow up to five days for this purpose, but may allow more by local legislation. Immediate family member is defined as employee’s child, spouse, grand child, grand parent, parent, or any dependent as shown in the employee’s most recent tax return.
Favorably reported out of the Senate Industry and Labor Committee by Substitution on 02/23/17.
* Final Legislative Day is March 30, 2017
Georgia Division
