Georgia Code
Chapter 8 - Employment and Training of Peace Officers
§ 35-8-2. Definitions

As used in this chapter, the term:
(4.1) “Detention facility” means a municipal or county jail used for the detention of persons charged with or convicted of a felony, a misdemeanor, or a municipal or county ordinance, but shall not include a facility customarily used to hold one or more persons for a period not to exceed eight hours while any such person awaits processing, booking, court appearance, or release.
(5.1) “Jail officer” means any person who is employed or appointed by a county or a municipality and who has the responsibility of supervising inmates who are confined in a municipal or county detention facility.
(5.2) “Juvenile correctional facility” means a facility operated by the Department of Juvenile Justice and used for the detention of youth who are delinquent or who are alleged to be delinquent or a facility operated by the Department of Juvenile Justice used for the care, treatment, and rehabilitation of juvenile offenders.
(5.3) “Juvenile correctional officer” means any person employed or appointed by the Department of Juvenile Justice who has the primary responsibility for the supervision and control of youth confined in its programs and facilities.
(B.1) Personnel who are authorized to exercise the power of arrest, who are employed or appointed by the Department of Juvenile Justice, and whose full-time duties include the preservation of public order, the protection of life and property, the detection of crime, the supervision of delinquent children in the department’s institutions, facilities, or programs, or the supervision of delinquent children under intensive supervision in the community;
Law enforcement support personnel are not peace officers within the meaning of this chapter, but they may be certified upon voluntarily complying with the certification provisions of this chapter.
(8.1) “Requesting entity” means any law enforcement agency or other entity within this state empowered by law to maintain a law enforcement unit.
(8.2) “Retired correctional officer” means any retired correctional officer certified by the council.
(10.1) “School resource officer” means a peace officer whose primary employment or assigned duties with a law enforcement unit is assignment or appointment to a public elementary school or secondary school.
History. Ga. L. 1970, p. 208, §§ 2, 14; Ga. L. 1975, p. 1165, §§ 2, 3, 10; Ga. L. 1976, p. 395, §§ 1-5; Ga. L. 1978, p. 992, §§ 1, 2; Ga. L. 1978, p. 2299, § 1; Ga. L. 1980, p. 979, § 1; Ga. L. 1981, p. 778, § 1; Ga. L. 1982, p. 3, § 35; Ga. L. 1982, p. 2478, §§ 1, 2, 5, 6; Ga. L. 1985, p. 283, § 1; Ga. L. 1987, p. 1141, § 1; Ga. L. 1989, p. 568, § 1; Ga. L. 1993, p. 91, § 35; Ga. L. 1993, p. 966, §§ 1, 2; Ga. L. 1995, p. 880, § 1; Ga. L. 1995, p. 1238, § 1; Ga. L. 1996, p. 1281, § 1; Ga. L. 1997, p. 582, §§ 1, 2; Ga. L. 1997, p. 1453, § 1; Ga. L. 1997, p. 1488, §§ 2A, 2B, 7A, 7B; Ga. L. 1998, p. 128, § 35; Ga. L. 1998, p. 224, § 2; Ga. L. 1999, p. 777, §§ 2, 3; Ga. L. 2012, p. 775, § 35/HB 942; Ga. L. 2013, p. 294, § 4-45/HB 242; Ga. L. 2014, p. 382, § 1/SB 324; Ga. L. 2015, p. 422, § 5-56/HB 310; Ga. L. 2017, p. 673, § 1-1/SB 149; Ga. L. 2020, p. 481, § 1/SB 341.
The 2017 amendment, effective July 1, 2017, added paragraph (10.1).
The 2020 amendment, effective January 1, 2021, added paragraphs (8.1) and (8.2).
Code Commission notes.
Pursuant to Code Section 28-9-5, in 1998, “Department of Juvenile Justice” was substituted for “Department of Children and Youth Services” in subparagraph (8)(B).
Editor’s notes.
Ga. L. 2013, p. 294, § 5-1/HB 242, not codified by the General Assembly, provides that: “This Act shall become effective on January 1, 2014, and shall apply to all offenses which occur and juvenile proceedings commenced on and after such date. Any offense occurring before January 1, 2014, shall be governed by the statute in effect at the time of such offense and shall be considered a prior adjudication for the purpose of imposing a disposition that provides for a different penalty for subsequent adjudications, of whatever class, pursuant to this Act. The enactment of this Act shall not affect any prosecutions for acts occurring before January 1, 2014, and shall not act as an abatement of any such prosecutions.”
Ga. L. 2015, p. 422, § 6-1/HB 310, not codified by the General Assembly, provides, in part, that this Act shall apply to sentences entered on or after July 1, 2015.
Administrative rules and regulations.
Definitions, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Peace Officer Standards and Training Council, Sec. 464-2-.01.
Law reviews.
For article on the 2015 amendment of this Code section, see 32 Ga. St. U.L. Rev. 231 (2015).
For review of 1996 use of radar speed detection devices legislation, see 13 Ga. St. U. L. Rev. 244 (1996).

Structure Georgia Code

Georgia Code

Title 35 - Law Enforcement Officers and Agencies

Chapter 8 - Employment and Training of Peace Officers

§ 35-8-1. Short Title

§ 35-8-2. Definitions

§ 35-8-3. Establishment of Georgia Peace Officer Standards and Training Council; Membership; Organization; Administrative Assignment to Department of Public Safety

§ 35-8-4. Officers of Council; Quorum; Minutes of Meetings and Records; Reports to Governor and General Assembly

§ 35-8-5. Compensation of Members of Council

§ 35-8-6. Appointment of Executive Director of Council; Contracts for Services; Personnel; Investigators; Subpoenas; Funding; Gifts, Grants, or Donations

§ 35-8-7. Powers and Duties of Council Generally

§ 35-8-7.1. Authority of Council to Refuse Certificate to Applicant or to Discipline Council Certified Officer or Exempt Officer; Grounds; Restoration of Certificate; Emergency Suspension of Certification; Notice of Investigation; Retention of Record...

§ 35-8-7.2. Administrative Procedure; Hearings; Review

§ 35-8-7.3. Civil Suits by Peace Officers

§ 35-8-7.4. Bias Motivated Intimidation of First Responders; Prosecution and Penalty

§ 35-8-8. Requirements for Appointment or Certification of Persons as Peace Officers and Preemployment Attendance at Basic Training Course; “Employment Related Information” Defined

§ 35-8-9. Completion of Basic Training Course Required; Acceptance of Other Instruction; Effect of Failure to Complete Basic Training Requirements; Limitation

§ 35-8-10. Applicability and Effect of Certification Requirements Generally; Requirements as to Exempt Persons

§ 35-8-11. Basic Course to Be Completed at Schools Certified by Council

§ 35-8-12. Certification to Use Speed Detection Devices; Withdrawal or Suspension of Certificate

§ 35-8-13.1. Training and Certification of Municipal Probation Officers

§ 35-8-15. Preparation and Maintenance of Employment Records by Law Enforcement Units and Council; Release of Records

§ 35-8-16. Effect of Standards and Training Requirements Provided in Chapter; Adoption of Additional Requirements by Law Enforcement Units

§ 35-8-17. Effect of Peace Officer’s Failure to Comply With Chapter Generally; Civil Actions Against Noncomplying Peace Officers and Law Enforcement Units

§ 35-8-18. Applicability of Chapter to Emergency Peace Officers

§ 35-8-19. Appointment of Citizen of Adjoining State as Peace Officer

§ 35-8-20. Training Requirements for Police Chiefs, Department Heads, and Wardens; Effect of Failure to Fulfill Training Requirement; Waiver of Requirements

§ 35-8-20.1. Training for Police Chiefs and Department Heads Appointed After June 30, 1999; Waivers

§ 35-8-21. Training Requirements for Peace Officers; Waiver; Exemption for Retired Peace Officers; Confirmation of Training

§ 35-8-21.1. Use of Retired Peace and Correctional Officers in Emergency or Disaster; Training; Immunities; Compensation; Power of Arrest

§ 35-8-22. Reimbursement of Training Expenses by Subsequent Employer of Peace Officer; Collection Procedure; Required Documentation

§ 35-8-23. Basic Training Course for Communications Officers; Certification Requirements; Duties of Council; Rules and Regulations

§ 35-8-24. Training Requirements for Jail Officers and Juvenile Correctional Officers

§ 35-8-25. Training and Certification of Bomb Technicians, Explosive Ordnance Disposal Technicians, and Animal Handlers; Intergovernmental Assistance Agreements

§ 35-8-26. [For Effective Date, See note.] Taser and Electronic Control Weapons; Requirements for Use; Establishment of Policies; Training

§ 35-8-27. Training Requirements for School Resource Officers