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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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