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    Georgia HB 838

    Uploaded by

    Jonathan Raymond
    The bill, which was passed and sent to Gov. Brian Kemp for his signature into law, establishes protections for first responders, including police, like those established in the new hate crimes law.

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    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd

    Georgia HB 838

    Uploaded by

    Jonathan Raymond
    79K views3 pages
    The bill, which was passed and sent to Gov. Brian Kemp for his signature into law, establishes protections for first responders, including police, like those established in the new hate crimes law.

    Copyright

    © © All Rights Reserved

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    PDF, TXT or read online from Scribd

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    The bill, which was passed and sent to Gov. Brian Kemp for his signature into law, establishes protections for first responders, including police, like those established in the new hate crimes law.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    79K views3 pages

    Georgia HB 838

    Uploaded by

    Jonathan Raymond
    The bill, which was passed and sent to Gov. Brian Kemp for his signature into law, establishes protections for first responders, including police, like those established in the new hate crimes law.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 3

    20 HB 838/AP

    House Bill 838 (AS PASSED HOUSE AND SENATE)


    By: Representatives Hitchens of the 161st, Lott of the 122nd, Jasperse of the 11th, Gravley of
    the 67th, and Lumsden of the 12th

    A BILL TO BE ENTITLED
    AN ACT

    1 To amend Code Section 24-5-510 and Article 8 of Chapter 2 of Title 35 of the Official Code
    2 of Georgia Annotated, relating to privileged communications between law enforcement
    3 officers and peer counselors and Office of Public Safety Officer Support, respectively, so as
    4 to change the name of the Office of Public Safety Officer Support; to amend Chapter 8 of
    5 Title 35 of the Official Code of Georgia Annotated, relating to employment and training of
    6 peace officers, so as to provide for the right to bring suit; to provide for bias motivated by
    7 intimidation against first responders; to provide for related matters; to repeal conflicting
    8 laws; and for other purposes.

    9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

    10 SECTION 1.
    11 Code Section 24-5-510 of the Official Code of Georgia Annotated, relating to privileged
    12 communications between law enforcement officers and peer counselors, is amended by
    13 revising paragraph (2) of subsection (a) as follows:
    14 "(2) 'Peer counselor' means:
    15 (A) An employee of the Office of Public Safety Officer Support within the Department
    16 of Public Safety; or
    17 (B) An individual who is certified by the support coordinator of the Office of Public
    18 Safety Officer Support within the Department of Public Safety pursuant to
    19 subsection (b) of Code Section 35-2-163 who is an employee of a public entity that
    20 employs public safety officers and who is designated by the executive head of such
    21 public entity."

    22 SECTION 2.
    23 Article 8 of Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to
    24 Office of Public Safety Officer Support, is amended in Code Section 35-2-160, relating to
    25 definitions, by revising paragraph (5) as follows:

    H. B. 838
    -1-
    20 HB 838/AP

    26 "(5) 'Support coordinator' means the coordinator of the Office of Public Safety Officer
    27 Support within the Department of Public Safety."

    28 SECTION 3.
    29 Said article is further amended by revising Code Section 35-2-161, relating to Office of
    30 Public Safety Officer Support established, as follows:
    31 "35-2-161.
    32 There is established the Office of Public Safety Officer Support within the Department of
    33 Public Safety."

    34 SECTION 4.
    35 Said article is further amended in Code Section 35-2-163, relating to peer counseling and
    36 critical incident support services, certification, and employment of necessary staff, by
    37 revising subsection (a) as follows:
    38 "(a) The Office of Public Safety Officer Support within the Department of Public Safety
    39 may respond to and provide peer counselors and critical incident support services to any
    40 requesting public entities that employ public safety officers. The office may respond to and
    41 provide peer counselors and critical incident support services for the benefit of public
    42 safety officers experiencing post-traumatic stress disorder or other trauma associated with
    43 public safety. The office shall develop a course of training in critical incident stress
    44 management and in any other related subject matter for the benefit of public safety
    45 officers."

    46 SECTION 5.
    47 Chapter 8 of Title 35 of the Official Code of Georgia Annotated, relating to employment and
    48 training of peace officers, is amended by adding a new Code section to read as follows:
    49 "35-8-7.3.
    50 A peace officer shall have the right to bring a civil suit against any person, group of
    51 persons, organization, or corporation, or the head of an organization or corporation, for
    52 damages, either pecuniary or otherwise, suffered during the officer's performance of
    53 official duties, for abridgment of the officer's civil rights arising out of the officer's
    54 performance of official duties, or for filing a complaint against the officer which the person
    55 knew was false when it was filed."
    56 SECTION 6.
    57 Said chapter is further amended by adding a new Code section to read as follows:
    58 "35-8-7.4.

    H. B. 838
    -2-
    20 HB 838/AP

    59 (a) As used in this Code section, the term 'first responder' means any firefighter of a
    60 municipal, county, or volunteer fire department, a peace officer as defined in Code Section
    61 35-8-2, and an emergency medical technician as defined in Code Section 16-10-24.2.
    62 (b) A person commits the offense of bias motivated intimidation when such person
    63 maliciously and with the specific intent to intimidate, harass, or terrorize another person
    64 because of that person's actual or perceived employment as a first responder:
    65 (1) Causes death or serious bodily harm to another person; or
    66 (2) Causes damage to or destroys any real or personal property of a person because of
    67 actual or perceived employment as a first responder without permission and the amount
    68 of the damage exceeds $500.00 or the value of the property destroyed exceeds $500.00.
    69 (c) Any person that violates subsection (b) of this Code section shall be guilty of the
    70 offense of bias motivated intimidation and, upon conviction thereof, shall be punished by
    71 imprisonment of not less than one nor more than five years, a fine of not more
    72 than $5,000.00, or both.
    73 (d) Each violation of this Code section shall constitute a separate offense and shall not
    74 merge with any other crime.
    75 (e) A sentence imposed under this Code section shall run consecutively to any sentence
    76 for any other offense related to the act or acts establishing an offense under this Code
    77 section.
    78 (f) Charges of violating subsection (b) of this Code section shall not be prosecuted by way
    79 of an accusation but only by indictment or special presentment by a grand jury."

    80 SECTION 7.
    81 All laws and parts of laws in conflict with this Act are repealed.

    H. B. 838
    -3-

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