35-8-10. Applicability and effect of certification requirements generally;
requirements as to exempt persons.
(a) No person required to comply with the certification provisions of this chapter shall
be employed or appointed by any law enforcement unit without certification from the
council that the applicant has met the preemployment requirements established in this
chapter, and no candidate shall perform any of the duties of a peace officer involving the
power of arrest until such training shall have been successfully completed.
(b) Peace officers commencing any employment or service on any terms with the
Department of Public Safety, counties, municipalities, the Georgia Bureau of
Investigation, the Department of Natural Resources, the Department of Revenue, Alcohol and
Tobacco Tax Unit, the Secretary of State's investigative section, or a railroad after July
1, 1975, are required to comply with the certification provisions of this chapter. Peace
officers commencing such employment or service prior to July 1, 1975, and whose employment
continues on July 1, 1975, are exempt and excused from compliance with the certification
provisions of this chapter except as provided in this Code section so long as the
registration provided for in subsections (d) and (e) of this Code section remains in
effect. Any peace officer otherwise exempt from the certification provisions of this
chapter must meet the qualifications and requirements specified in paragraphs (2), (4),
(5), and (8) of subsection (a) of Code Section 35-8-8.
(c) If, after July 1, 1975, any other employment or service is conditioned on
compliance with this chapter, persons so employed or serving shall be required to comply
with the certification provisions established in this chapter, except that persons so
employed or serving whose employment or service commenced prior to and continues upon the
effective date of the peace officer's law enforcement unit becoming subject to the
provisions of this chapter shall be exempt and excused from compliance so long as
registration provided for in subsections (d) and (e) of this Code section remains in
effect. Notwithstanding this subsection, the effective date of requirements for
certification or registration shall be determined by the council based upon identification
of the applicability of this chapter to particular peace officers. Nothing in this
subsection shall be deemed to grant an exemption to persons required to be certified by
subsections (a) and (b) of this Code section.
(d) Peace officers exempt from the certification provisions of this chapter are
required to register with the council. The registration shall remain in effect for the
period of time said person is employed as a peace officer.
(e) Any registration granted in this Code section shall not terminate upon a
subsequent employment or appointment as a peace officer, provided that subsequent
employment or appointment as a peace officer is recognized by the council to be
substantially the same or similar to the employment or appointment by virtue of which said
peace officer was exempted and registered as such; provided, further, that such subsequent
employment or appointment is commenced within 12 months of such prior termination as a
peace officer.
(f) Except as otherwise provided by subsection (b) of this Code section, nothing in
this subsection or in subsection (d) shall be deemed to require any exempt peace officer
to comply with Code Sections 35-8-8 and 35-8-9 for the period of time the registration
shall remain in effect.
(g) A peace officer excused from mandatory compliance with this chapter by this Code
section may choose to be certified under this chapter. If so, the council shall have the
authority to recognize instruction received by such a peace officer as equivalent to all
or part of the instruction required for certification under this chapter.
(h) Any person who was serving as a sheriff on July 1, 1970, and who subsequently
becomes a peace officer shall not be required to comply with this chapter.
(i) A retired peace officer may be voluntarily registered by the council as an exempt
peace officer without meeting the qualifications and requirements specified in paragraphs
(2), (4), (5), and (8) of subsection (a) of Code Section 35-8-8. Such registration of a
retired peace officer shall not terminate, as provided for in subsection (e) of this Code
section. Nothing in this subsection shall be deemed to grant an exemption to persons
required to be certified or registered by this chapter.
History (Ga. L. 1970, p. 208, § 13; Ga. L. 1975, p. 1165, § 9; Ga. L. 1976, p. 395,
§ 8; Ga. L. 1977, p. 713, §§ 3-7; Ga. L. 1978, p. 1680, § 2; Ga. L. 1978, p. 2299,
§§ 2-6; Ga. L. 1981, p. 778, §§ 2, 3; Ga. L. 1994, p. 1355, § 2.)
|
