PBA of Georgia Legislative Update

May 10, 2017

PBA of Georgia 

2017 State Legislative Report

Session Completed - March 30, 2017*

Any bill that did not pass this year may be voted on next year. Bills of interest that passed this year and have been signed by the Governor are highlighted in red. 

HB 292 – Any GA resident who is a former LEO retiree of any state or federal may carry as GA LEO retiree.

This bill was used in the Senate to attach other bills, including SB 18 which 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 for current GA honorably retired or disabled LEO. Effective date is May 8, 2017. Signed by the Governor May 8, 2017.

SB 15 - Revised requirements for LEO retirees entitled to apply for a free carry permit.

by Senator Michael Rhett and others. Will amend OCGA 16-11-129 (h) to clarify the requirements for a free carry permit for honorably retired or disabled Georgia law enforcement officers. Effective date is July 1, 2017. Signed by the Governor May 8, 2017.

SB 18 - All state LEO retain badge and firearm upon retirement.  Any GA resident who is a former state or federal LEO retiree may carry as GA LEO retiree.

by Senator Tyler Harper and others. Amends 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 honorable 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 to be able to carry a handgun anywhere in this state as allowed for current GA honorably retired or disabled LEO. Effective date is July 1, 2017. Signed by the Governor April 18, 2017. 

SB 149 - Establish minimum POST standards and certification for SROs and municipal probation officers. Penalties increased for contraband in prisons.

by Senator Emanuel Jones and others. Amends OCGA 35-8-2 and creates a new code section 35-8-27 mandating minimum standards for School Resource Officers, minimum of 40 hours of specific training, and certification by POST Council. Amends OCGA 35.8.13.1 to allow arrest powers for municipal probation officers upon certification by POST but only of those they supervise. House added language to amend OCGA 42-4-13 and 42-5-15 to further define and increase penalty for contraband in a penal institution. Effective date is July 1, 2017. Signed by the Governor on May 9, 2017. 

SB 160 - Increase penalties for assault on LEO and increase state indemnification to $150,000

by Senator Tyler Harper and others. The Back the Badge Act of 2017 creates a new OCGA 16-5-19 defining a 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 sentencing 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 amends 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. It amends 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. It amends OCGA 45-9-85 to increase the state indemnification payout to $150,000. Effective date is July 1, 2017 (included language from HB 116 and original SB 154). Signed by the Governor May 8, 2017.

SB 169 - Creates special “Back the Badge” motor vehicle tag

by Senator Greg Kirk and others. Amends 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 at the annual rate of $10 per tag. Typically, application is made through the sponsoring agency (POAB) until 1,000 pre-paid applications have been received and then the state will commit to manufacture the tags. Signed by the Governor on May 9, 2017.

SB 201 - Allow employees to use up to five days annually of sick leave to care for immediate family.

by Senator Butch Miller and others. Creates 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 (only if they provide sick leave). 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. Sunsets on July 1, 2020 unless extended by the Legislature. Effective date is July 1, 2017. Signed by the Governor on May 8. 2016.

*Revised 05/09/17