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08 LC 21 9596

House Bill 1118

By: Representatives Hugley of the 133rd, Williams of the 165th, Watson of the

91st, Smyre of the 132nd, Thomas of the 55th, and others



A BILL TO BE ENTITLED

AN ACT





To amend Chapter 1 of Title 35 of the Official Code of Georgia Annotated,

relating to general provisions relative to law enforcement officers and

agencies, so as to define certain terms; to provide that a law enforcement

agency may receive and investigate complaints from any peace officer concerning

the possibility of unlawful activity on the part of another peace officer; to

prohibit the disclosure of identity; to provide that no law enforcement agency

shall retaliate against a peace officer for disclosing suspected unlawful

activity; to provide for legal remedy; to repeal conflicting laws; and for

other purposes.



BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:



SECTION 1.

Chapter 1 of Title 35 of the Official Code of Georgia Annotated, relating to

general provisions relative to law enforcement officers and agencies, is

amended by adding a new Code section to read as follows:

"35-1-15.

(a) As used in this Code section, the term:

(1) 'Law enforcement agency' means any agency, organ, or department of this

state or a subdivision or municipality thereof whose primary functions include

the enforcement of criminal or traffic laws, the preservation of public order,

the protection of life and property, or the prevention, detection, or

investigation of crime.

(2) 'Peace officer' means an agent, operative, or officer of this state or a

subdivision or municipality thereof who, as an employee for hire, is vested

either expressly by law or by virtue of public employment or service with the

authority to enforce criminal or traffic laws through the power of arrest and

whose duties include the preservation of public order, the protection of life

and property, and the prevention, detection, or investigation of crime.



(3) 'Retaliate' or 'retaliation' means the discharge, suspension, or demotion

by a law enforcement agency of a peace officer or any other adverse employment

action taken by a law enforcement agency against a peace officer in the terms

or conditions of employment as a result of such peace officer reporting

suspected unlawful activity on the part of another peace officer.

(b) A law enforcement agency may receive and investigate complaints or

information from any peace officer concerning the possibility of any unlawful

activity on the part of another peace officer.

(c) Notwithstanding any other law to the contrary, such law enforcement agency

shall not, after receipt of a complaint or information from a peace officer,

disclose the identity of that peace officer without the written consent of such

peace officer, unless the law enforcement agency determines such disclosure is

necessary and unavoidable during the course of its investigation. In such

event, such peace officer shall be notified in writing at least seven days

prior to such disclosure.

(d) No law enforcement agency shall retaliate against a peace officer for

disclosing suspected unlawful activity to either a supervisor or a government

agency, unless the disclosure was made with knowledge that such disclosure was

false or with reckless disregard for its truth or falsity.

(e)(1) A peace officer who has been the object of retaliation in violation of

this Code section may institute a civil action in superior court for relief as

set forth in paragraph (2) of this subsection within one year after discovering

the retaliation or within three years after the retaliation, whichever is

earlier.

(2) In any action brought pursuant to this subsection, the court may order any

or all of the following relief:

(A) An injunction restraining continued violation of this Code section;

(B) Reinstatement of the peace officer to the same position held before the

retaliation or to an equivalent position;

(C) Reinstatement of full fringe benefits and seniority rights;

(D) Compensation for lost wages, benefits, and other remuneration; and

(E) Any other compensatory damages allowable by law.

(f) A court may award reasonable attorney?s fees, court costs, and expenses to

a prevailing peace officer."



SECTION 2.

All laws and parts of laws in conflict with this Act are repealed.

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