Title 35 — Title 35

As used in this title, the term: (1) ‘‘Board’’ means the Board of Public Safety. (2) ‘‘Commissioner’’ means the commissioner of public safety. (3) ‘‘Department’’ means the Department of Public Safety. 35-1-2. Examination of sexual assault victims; reports.

(a) The Georgia Peace Officer Standards and Training Council and the Georgia Public Safety Training Center shall establish guidelines and procedures for the incorporation of training materials and information in: (1) Methods for identifying, combating, and reporting family violen…

An elected sheriff or police chief of a local law enforcement agency or fire chief of a local fire department, with the approval of the local governing authority, shall be authorized to designate, equip, and train nonsworn law enforcement employees and firefighters and volunteers…

Any county, municipality, or other public subdivision of this state which has a law enforcement agency shall declare a chief of police or a law enforcement head for such law enforcement agency who is required to be a certified peace officer pursuant to the provisions of Chapter 8…

On and after January 1, 2004, each state, county, and local law enforcement agency that conducts emergency response and vehicular pursuits shall adopt written policies that set forth the manner in which these operations shall be conducted. Each law enforcement agency may create i…

— Pursuant to Code Section 28-9-5, in 1985, ‘‘subsection’’ was substituted for ‘‘Code section’’ in paragraph (a)(3) and ‘‘Chapter’’ was sub- 35-1-9. Utilization of alarm verification required.

(a) As used in this Code section, the term ‘‘booking photograph’’ means a photograph or image of an individual taken by an arresting 18 35-1-20 law enforcement agency for the purpose of identification or taken when such individual was processed into a jail. (b) Except as provided…

(a) As used in this Code section, the term: (1) ‘‘Division’’ means the Division of Forensic Sciences of the Georgia Bureau of Investigation. (2) ‘‘Medical examination’’ means an examination pursuant to subsection (c) of Code Section 16-6-1 or subsection (c) of Code Section 16-6-2…

(a) As used in this Code section, the term: (1) ‘‘Honorable conditions’’ means conditions of having satisfied, met, or exceeded the conduct and performance standards established by the state entity for sworn police officers. (2) ‘‘State entity’’ means any state department, agency…

(a) The governing authorities of the several counties, municipal corporations, and other political subdivisions of this state are authorized to designate and set apart a portion of the compensation, whether payable on a salary or fee basis, to sheriffs, deputy sheriffs, patrolmen…

— Pursuant to Code Section 28-9-5, in 2014, Code Section 35-1-18, as enacted by Ga. L. 2014, p. 742, § 1/HB 845, was redesignated as Code Section 35-1-19. Editor’s notes. — Ga. L. 2014, p. 704, § 1/SB 23, not codified by the General Assembly, provides that: ‘‘This Act shall be kn…

(a) As used in this Code section, the term: (1) ‘‘Alarm monitoring company’’ means any person, company, corporation, partnership, business, or a representative or agency thereof authorized to provide alarm monitoring services for burglar 11 35-1-10 alarm systems, fire alarm syste…

35-2-102. Weight inspector positions; training; powers and responsibilities; limits on responsibilities. 35-2-1 35-2-120. Definitions.

As used in this article, the term: (1) ‘‘Capitol Square’’ means that area designated as such by Code Section 50-2-28. (2) ‘‘Commissioner’’ means the commissioner of public safety. (3) ‘‘Department’’ means the Department of Public Safety. (4) ‘‘Division’’ means the Capitol Police …

There is created and established a division of the Department of Public Safety to be known as the Capitol Police Division. The department shall staff such division with certified law enforcement officers, 68 35-2-124 who shall be designated capitol police officers, security perso…

(a) The division shall have jurisdiction and the primary duty to enforce all laws in Capitol Square and the property and buildings owned by the Georgia Building Authority within a five-mile radius of Capitol Square. (b) The division shall have the following additional duties: (1)…

Reserved. Repealed by Ga. L. 2016, p. 385, § 6/HB 806, effective April 26, 2016. Editor’s notes. — This Code section was based on Code 1981, § 35-2-123, enacted by Ga. L. 2010, p. 137, § 1/HB 1074. 35-2-124. Reimbursement to the department for costs.

The Georgia Building Authority shall reimburse the department for the costs to the department of performing police and security duties 69 35-2-140 within Capitol Square in accordance with an intergovernmental agreement by and between the department and the Georgia Building Author…

As used in this article, the term: (1) ‘‘Critical incident support services’’ means interventions designed to provide compassionate or coping support in the event of involvement in, being a witness to, or being otherwise affected by a traumatic event, including, but not limited t…

There is established the Office of Public Safety Officer Support within the Department of Public Safety. History. — Code 1981, § 35-2-161, enacted by Ga. L. 2018, p. 716, § 2/HB 703. 35-2-162. Support coordinator.

The support coordinator shall be appointed by and be under the direction of the commissioner. The support coordinator shall be an individual with experience as a public safety officer and who has received training and exhibited a demonstrated professional ability to provide emoti…

There is created a Department of Public Safety. History. — Ga. L. 1937, p. 322, art. 1, § 1; Ga. L. 1972, p. 1015, § 1601.

There is created and established a division of the Department of Public Safety to be known as the Uniform Division, the members of which shall be known and designated as the ‘‘Georgia State Patrol.’’ History. — Ga. L. 1937, p. 322, art. 2, § 1.

The Uniform Division of the Department of Public Safety shall consist of: (1) The officers, noncommissioned officers, and troopers of the headquarters staff; (2) The officers, noncommissioned officers, and troopers of one battalion. 35 History. — Ga. L. 1937, p. 322, art. 2, § 2;…

Composition. Jurisdiction; primary duty; patrolling of safety rest areas and welcome centers. 35-2-33. Additional duties.

(a) It shall be the duty of the Uniform Division: (1) To enforce the laws of this state relating to the use, ownership, control, licensing, and registration of motor vehicles and Code Sections 32-9-4 and 40-6-54, relating to designation of restricted travel lanes; (2) On property…

The headquarters staff shall be composed of the commissioner, deputy commissioner, and such other commissioned and noncommissioned officers, troopers, and clerical personnel as the commissioner deems necessary for use at headquarters. History. — Ga. L. 1937, p. 322, art. 2, § 2; …

35-2-38. Division of state into districts or divisions by commissioner. 35-2-39. Provision of barracks and quarters for officers and troopers of Uniform Division. 35-2-40. Purchase, lease, or construction of barracks and equipment for districts or divisions; accep- 23 T.35, C.2 L…

The commissioner, with the approval of the board, is authorized to divide the state into districts or divisions as may be necessary for the purpose of effectually patrolling the public roads and highways of the state and of the counties thereof and for combating, detecting, and p…

(a) Any trooper first class of the Uniform Division of the Department of Public Safety shall be eligible for promotion to the rank of corporal, provided he has served a period of 12 months in the Georgia State Patrol including the period of probation. (b) Any noncommissioned or c…

35-2-48. State Patrol Disciplinary Board; composition; appointment and terms of members; conduct of hearings by board; recommendation to commissioner; finality of commissioner’s decision [Repealed]. 35-2-49. Provision of uniforms and equipment to sworn members of the Department o…

(a) As used in this Code section, the term ‘‘disability’’ means a disability that prevents an individual from working as a law enforcement officer. 53 35-2-49.1 LAW ENFORCEMENT OFFICERS AND AGENCIES 35-2-51 (b) When a member of the Uniform Division of the Department of Public Saf…

As prescribed by the board, the commissioner may rank as senior colonel in the Uniform Division and may be the chief officer thereof or the board may appoint a colonel in the Uniform Division as the chief officer thereof. 28 History. — Ga. L. 1937, p. 322, art. 1, § 4; Ga. L. 194…

(a) The uniforms, supplies, and equipment authorized by Code Section 35-2-49 shall be purchased by the Department of Administrative Services, with the consent and approval of the Department of Public Safety, by bid let to the lowest and best bidder and in accordance with specific…

(a) The commissioner, with the approval of the board, is authorized to purchase group life, group accident, and group hospitalization insurance contracts, policies, or certificates issued to the members of the Uniform Division, provided that such contracts of insurance shall be a…

When an unmarked pursuit vehicle used by the Georgia State Patrol for the purpose of enforcing the traffic laws of this state is first removed from the field and will no longer be used on a regular basis for pursuit purposes, the commissioner of public safety is authorized, in hi…

In perfecting the organization of the department or any division thereof, the commissioner shall be authorized with approval of the board to employ and provide compensation for such expert temporary assistance as may be necessary. History. — Ga. L. 1937, p. 322, art. 2, § 8. 35-2…

The commissioner is authorized, with the approval of the board, to establish a Security Guard Division within the department. History. — Ga. L. 1968, p. 475, § 1. 35-2-71. Powers and duties of security guards.

(a) While in the performance of their duties, such security guards shall have the same powers of arrest and the same powers to enforce law and order as the sheriff of the county and the chief of police of the municipality in this state in which any such security guards are perfor…

Powers and duties of security guards. Compensation, uniforms, and equipment of security guards. Security guards for protection of Governor, Lieutenant Governor, Speaker of the House, and their families and executive department; transportation of family members at state expense. G…

This article shall be known and may be cited as the ‘‘Department of Public Safety Nomenclature Act of 1995.’’ History. — Code 1981, § 35-2-80, enacted by Ga. L. 1995, p. 925, § 2.

As used in this article, the term: (1) ‘‘Badge’’ means any official badge used by members of the Department of Public Safety, either in the past or currently. (2) ‘‘Commissioner’’ means the commissioner of public safety. (3) ‘‘Department’’ means the Department of Public Safety. (…

Whoever, except with the written permission of the commissioner, knowingly uses the words ‘‘Georgia Department of Public Safety,’’ ‘‘State Patrol,’’ ‘‘State Police,’’ ‘‘State Highway Patrol,’’ ‘‘State Trooper,’’ or ‘‘State Patrolman’’ in connection with any advertisement, circula…

Any person who uses or displays any symbol, including any emblem, seal, or badge, current or historical, used by the department without written permission from the commissioner shall be in violation of this article. History. — Code 1981, § 35-2-83, enacted by Ga. L. 1995, p. 925,…

Whenever there shall be an actual or threatened violation of Code Section 35-2-82 or 35-2-83, the commissioner shall have the right to apply to the Superior Court of Fulton County or to the superior court of the county of residence of the violator for an injunction to restrain th…

In addition to any other relief or sanction for a violation of Code Section 35-2-82 or 35-2-83, where the violation is willful, the commissioner shall be entitled to collect a civil penalty in the amount of $500.00 for each violation. Further, when there is a finding of willful v…

Any person who has given money or any other item of value to another person due in part to such person’s use of department nomenclature or symbols in violation of this article may maintain a suit for damages against the violator. Where it is proven that the violation was willful,…

Any person who violates the provisions of this article shall be guilty of a felony and upon conviction thereof shall be subject to a fine of not less than $1,000.00 nor more than $5,000.00 or to imprisonment for not less than one and not more than five years, or both. Each violat…

As used in this chapter, the term: (1) ‘‘Bureau’’ means the Georgia Bureau of Investigation. (2) ‘‘Director’’ means the director of the Georgia Bureau of Investigation. History. — Code 1981, § 35-3-1; Ga. L. 2005, p. 599, § 1/SB 146. Editor’s notes. — This Code section was create…

This article shall be known and may be cited as the ‘‘Georgia Bureau of Investigation Nomenclature Act of 1995.’’ History. — Code 1981, § 35-3-100, enacted by Ga. L. 1995, p. 925, § 3. 35-3-101. Definitions.