GeorgiaHB 2882025-2026 Regular SessionHouse

Appeal and error; declaratory judgments in instances involving accusations made by a prosecuting attorney regarding credibility of a peace officer; provide

Sponsored By: Rob Clifton (Republican), Clint Crowe (Republican), Houston Gaines (Republican), Stan Gunter (Republican), Eddie Lumsden (Republican), Matt Reeves (Republican)

Signed by Governor

Public Safety and Homeland SecurityJudiciaryGeneral Bill

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Bill Overview

Analyzed Economic Effects

5 provisions identified: 0 benefits, 0 costs, 5 mixed.

POST review of Giglio listings and discipline

When POST gets a Giglio notice, it must review the facts and tell the officer and the agency head it opened a review. POST looks at issues like bias, misleading statements, or perjury and other conduct that could merit discipline. POST cannot suspend or revoke certification only because an officer is on a Giglio list. After review, it sends a decision; if no discipline is warranted, it dismisses the matter and does not show an investigation publicly. When POST opens a case, it sends a priority‑mail notice to the agency head, and it sends a final disposition notice only after its action is final. If POST suspends or revokes certification, it must mail notice to the agency head, the district attorney, and the county solicitor, stating how long arrest powers are lost. POST keeps investigation records for 30 years. Notices must use certified mail or a certificate of mailing. Hearings follow the state Administrative Procedure Act, and POST can subpoena witnesses and documents.

Statewide rules for prosecutor Giglio lists

Prosecutors who place an officer on a Giglio list must send written notice by registered or certified mail or overnight delivery to the employer and to POST. The notice must explain the factual basis and the rights to request materials and ask for reconsideration. The officer or agency can seek reconsideration within 30 days; the prosecutor must remove the name or deny in writing, and must notify the employer and POST within 14 days if removed. Prosecutors may consider listings when charging and must give the defense the fact, reason, and related materials when the law requires. Prosecutors have civil immunity unless the listing was done with actual malice or intent to injure. The Prosecuting Attorneys’ Council sets uniform Giglio policies for all prosecutor offices that keep lists. Agencies must forward the notice to POST within 30 days and give the officer a copy within three days. Giglio records are not public under the Open Records Act.

Job protections for listed officers

Agencies may not demote, suspend, fire, or discipline an officer just because the officer is on a Giglio list. Agencies can take action after an internal investigation shows, by a preponderance of the evidence, that the prosecutor’s stated facts are true, or if POST has already disciplined the officer for that conduct.

New rules for Georgia sheriff candidates

To run for county sheriff, you must be a certified peace officer. If not, you must be a first responder, a retired or honorably discharged veteran, or a former or current law officer, and you must finish certification within six months after taking office. The POST Council can extend this deadline for illness, injury, military service, or another sufficient reason and will work to provide training space; it must notify the probate judge if a new sheriff fails to certify. Candidates must sign an affidavit, and knowingly false claims are a crime. Current elected sheriffs are treated as already qualified. POST provides an attestation form for candidates. The law is in effect.

Sharing past job records for hiring

For law enforcement hiring, prior employers must share written records about job performance when an agency sends a request with a signed, notarized release. Employers can charge copying costs, capped at the greater of $25 or $0.25 per page. Employers do not have to create new documents, and nonpublic records stay privileged. Employers and agencies have civil immunity for good‑faith, accurate disclosures. Before taking final adverse action based on these records, the agency must tell the person, allow inspection within 10 business days if requested within five, and allow a written response within three business days. No one has to provide self‑incriminating information.

Sponsors & Cosponsors

Cosponsors

Brian Strickland
Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 353 • No: 34

Senate vote • 3/31/2025

PASSAGE BY SUBSTITUTE

Yes: 55 • No: 0

House vote • 3/31/2025

Agree to Senate Substitute

Yes: 152 • No: 14

House vote • 3/6/2025

PASSAGE

Yes: 146 • No: 20

Actions Timeline

House Date Signed by Governor
5/12/2025House
Act 115
5/12/2025
Effective Date
5/12/2025
House Sent to Governor
4/10/2025House
Senate Third Read
3/31/2025Senate
Senate Passed/Adopted By Substitute
3/31/2025Senate
House Agreed Senate Amend or Sub
3/31/2025House
Senate Read Second Time
3/25/2025Senate
Senate Committee Favorably Reported By Substitute
3/21/2025Senate
Senate Read and Referred
3/10/2025Senate
House Third Readers
3/6/2025House
House Passed/Adopted By Substitute
3/6/2025House
House Committee Favorably Reported By Substitute
3/4/2025House
House Second Readers
2/10/2025House
House First Readers
2/6/2025House
House Hopper
2/5/2025House

Bill Text

HB 288/AP* (v8)
PDF

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