Georgia Code
Part 1 - Georgia State Indemnification Fund
§ 45-9-85. Payment of Indemnification for Death or Disability; Procedure for Making Payments; Appeal

History. Ga. L. 1978, p. 1914, § 5; Ga. L. 1980, p. 700, § 4; Ga. L. 1987, p. 822, § 6; Ga. L. 1991, p. 1312, § 5; Ga. L. 1993, p. 1402, § 19; Ga. L. 1994, p. 97, § 45; Ga. L. 1995, p. 877, § 3; Ga. L. 2000, p. 283, § 1; Ga. L. 2002, p. 660, § 4(18); Ga. L. 2002, p. 1259, §§ 7, 11(18); Ga. L. 2008, p. 470, § 1/SB 254; Ga. L. 2011, p. 593, § 1.1/HB 156; Ga. L. 2017, p. 500, § 4-1/SB 160; Ga. L. 2020, p. 49, § 1/HB 1017; Ga. L. 2021, p. 314, § 1/SB 60.
The 2017 amendment, effective July 1, 2017, substituted “$150,000.00” for “$100,000.00” in the last sentence of paragraph (a)(3).
The 2020 amendment, effective July 1, 2020, rewrote paragraph (a)(3). See Editor’s notes for applicability.
The 2021 amendment, effective July 1, 2021, added subsection (a); redesignated former subsection (a) as present subsection (b); substituted “public safety officer” for “law enforcement officer, firefighter, emergency medical technician, emergency management rescue specialist, state highway employee, or prison guard” in paragraphs (b)(1) and (b)(2); substituted “public safety officer” for “law enforcement officer, firefighter, emergency medical technician, emergency management specialist, state highway employee, or prison guard” in subparagraph (b)(3)(A); substituted “; or” for a period at the end of subparagraph (b)(3)(C); added paragraph (b)(4); redesignated former subsections (b) and (c) as present subsections (c) and (d), respectively; and substituted “public safety officer” for “law enforcement officer, firefighter, emergency medical technician, emergency management rescue specialist, prison guard, or state highway employee” in subsection (c).
Editor’s notes.
Ga. L. 1987, p. 822, § 8, not codified by the General Assembly, provided that: “If any provision of this Act [which amended Code Sections 45-9-80 through 45-9-83, 45-9-84.2, 45-9-85, and 45-9-86] is held to be invalid or inoperative for any reason, the remaining provisions of this Act shall be deemed to be void and of no effect it being the legislative intent that this Act as a whole would not have been adopted had any provision not been included.”
Ga. L. 2000, p. 283, § 3, not codified by the General Assembly, provided that the 2000 amendment became effective July 1, 2001, only upon ratification of a constitutional amendment by the voters at the November 2000 general election. The constitutional amendment (Ga. L. 2000, p. 1999) was approved by a majority of the qualified voters voting at the general election held on November 7, 2000.
Ga. L. 2008, p. 470, § 2/SB 254, not codified by the General Assembly, provides that the amendment to this Code section shall apply to all incidents occurring on or after July 1, 2008.
Ga. L. 2011, p. 593, § 2/HB 156, not codified by the General Assembly, provides that: “(a) It is the intent of the General Assembly that the revised indemnification amounts for state highway employees shall be applicable to all incidents involving state highway employees occurring on or after January 1, 2011.
“(b) The retroactive application of these changes with regard to state highway employees is based on the authority of Ga. Laws 2000, p. 2007, Section 1, adding Article III, Section VI, Paragraph VI(g) of the Georgia Constitution.”
Ga. L. 2017, p. 500, § 1-1/SB 160, not codified by the General Assembly, provides that: “This Act shall be known and may be cited as the ‘Back the Badge Act of 2017.’ ”
Ga. L. 2020, p. 49, § 2/HB 1017, not codified by the General Assembly, provides that: “This Act shall apply to claims regarding any incident giving rise to a death occurring on or after August 1, 2016.”
Law reviews.
For annual survey on criminal law, see 69 Mercer L. Rev. 73 (2017).
For article on the 2017 amendment of this Code section, see 34 Ga. St. U. L. Rev. 89 (2017).