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Bill > HB288

GA HB288

GA HB288
Appeal and error; declaratory judgments in instances involving accusations made by a prosecuting attorney regarding credibility of a peace officer; provide

summary

Introduced
02/05/2025
In Committee
03/21/2025
Crossed Over
03/06/2025
Passed
04/10/2025
Dead
Signed/Enacted/Adopted
05/12/2025

Introduced Session

2025-2026 Regular Session

Bill Summary

AN ACT To amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to require a person qualifying as a candidate for sheriff be a peace officer not under revocation by the Georgia Peace Officer Standards and Training Council; to provide for penalties; to provide for submission of a form completed by the executive director of such council; to provide for an exception; to provide for attestation that any person qualifying for the office of sheriff who is not a certified peace officer but holds or has held certain other positions is capable of and will obtain such certification after obtaining such office; to require notice by prosecuting attorneys that intend to question the credibility of a peace officer and place the name of such officer on a Giglio list; to authorize requests for reconsideration of such action; to provide for the development of policies and procedures by the Prosecuting Attorneys' Council of the State of Georgia; to provide for immunity; to provide for definitions; to amend Chapter 8 of Title 35 of the Official Code of Georgia Annotated, relating to employment and training of peace officers, so as to provide for review by the Georgia Peace Officer Standards and Training Council of placement of the name of a peace officer on a Giglio list; to provide for notice; to provide standards for determination of credibility of such placement; to restrict the use of information relating to a Giglio list for employment purposes in certain instances; to provide for definitions; to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure not required, so as to exempt records relative to Giglio lists from public disclosure; to provide for conforming HB 288/AP changes; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

AI Summary

This bill introduces comprehensive changes to Georgia law regarding peace officers, particularly focusing on sheriff qualifications, Giglio lists, and related procedural requirements. A Giglio list is a record maintained by prosecutors of officers whose credibility may be questioned, named after a legal precedent requiring disclosure of information that could impeach a witness's credibility. The bill requires candidates for sheriff to be certified peace officers not under revocation, with provisions allowing first responders, military veterans, and former law enforcement officers to obtain certification within six months of taking office. It establishes a detailed process for prosecuting attorneys to place an officer on a Giglio list, including mandatory written notice to the officer's employer and the Peace Officer Standards and Training Council, and provides a 30-day window for the officer to request reconsideration. The legislation also prohibits law enforcement agencies from taking adverse employment actions solely based on Giglio list placement and exempts Giglio list records from public disclosure. Additionally, the bill requires the Peace Officer Standards and Training Council to review the factual basis for an officer's inclusion on a Giglio list and mandates that prosecuting attorneys develop specific policies for list management. These provisions aim to create a transparent and fair process for addressing potential credibility issues among peace officers while protecting their professional rights.

Committee Categories

Justice

Sponsors (7)

Last Action

Effective Date 2025-05-12 (on 05/12/2025)

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