History. Code 1933, § 3-1004.3, enacted by Ga. L. 1981, p. 655, § 1; Ga. L. 2019, p. 292, § 1/SB 31.
The 2019 amendment, effective July 1, 2019, substituted the present provisions of this Code section for the former provisions, which read: “A law enforcement officer shall not be liable at law for any action or actions done while performing any duty at the scene of an emergency except for gross negligence, willful or wanton misconduct, or malfeasance. As used in this Code section, the term ‘law enforcement officer’ means any peace officer who is employed by this state or any political subdivision thereof and who is required by the terms of his employment, whether by election or appointment, to give his full time to the preservation of public order or the protection of life and property or the prevention of crime. Such term shall include sheriffs and deputy sheriffs.”
Cross references.
Immunity of state and political subdivisions and employees, agents, and representatives thereof for injury or damage arising from emergency management activities, § 38-3-35 .
Liability of persons rendering emergency care, § 51-1-29.
Liability of members of fire departments for acts performed while fighting fires or performed at scenes of emergencies, § 51-1-30.
Immunity for operators of external defibrillators, § 51-1-29.3.
Limitation on health care liability claims for gross negligence in emergency medical care, § 51-1-29.5.
Law reviews.
For survey article citing developments in Georgia local government law from mid-1980 through mid-1981, see 33 Mercer L. Rev. 187 (1981).
For comment, “Good Samaritan Laws — Legal Disarray: An Update,” see 38 Mercer L. Rev. 1439 (1987).
For article, “Georgia’s Public Duty Doctrine: The Supreme Court Held Hostage,” see 51 Mercer L. Rev. 73 (1999).
Structure Georgia Code
Title 35 - Law Enforcement Officers and Agencies
Chapter 1 - General Provisions
§ 35-1-2. Examination of Sexual Assault Victims; Reports
§ 35-1-3. Subsistence Allowance for Law Enforcement Officers
§ 35-1-6. Appointment of Nonuniformed Investigators; Salaries; Status; Assignment; Powers
§ 35-1-7. Liability of Law Enforcement Officers Performing Duties at the Scene of an Emergency
§ 35-1-9. Utilization of Alarm Verification Required
§ 35-1-10. Training in Investigation of Family Violence Incidents
§ 35-1-11. Police Volunteers for Traffic Control; Training Required
§ 35-1-12. Chief of Police or Law Enforcement Head; Exception
§ 35-1-13. Completion and Transmission of Reports From Victims of Identity Fraud
§ 35-1-14. Written Policies for Emergency Pursuits
§ 35-1-18. Prohibition on Minimum Waiting Periods for Initiating Missing Person Report
§ 35-1-19. Disclosure of Arrest Booking Photographs Prohibited
§ 35-1-20. Retention of Weapons by Officers Following Employment