Defenition of LE and Peace Officer

Discussion in 'GA Laws and Politics' started by Firearmz, Sep 30, 2007.

  1. Firearmz

    Firearmz New Member

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    Certain people are exempt from public gatherings and such by detenition by 35-8-2. Whats your opinions on jailers, correctional officers, county detention centers and so forth?

    35-8-2. Definitions


    As used in this chapter, the term:

    (1) "Applicant" means a prospective peace officer who has not commenced employment or service with a law enforcement unit.

    (2) "Candidate" means a peace officer who, having satisfied preemployment requirements, has commenced employment with a law enforcement unit but who has not satisfied the training requirement provided for in this chapter.

    (3) "Council" means the Georgia Peace Officer Standards and Training Council.

    (4) "Department head" means the chief executive or head of a state department or agency, a county, a municipality, or a railroad who is a peace officer and whose responsibilities include the supervision and assignment of one or more employees or the performance of administrative and managerial duties of a police agency or law enforcement unit. Such term does not include the Attorney General, the director of the Georgia Drugs and Narcotics Agency, a district attorney, a solicitor general, a county or municipal fire chief, or peace officers employed exclusively as investigators of any such offices who do not exercise any law enforcement supervisory or managerial duties. The provisions of this paragraph shall not apply to any sheriff or to any head of any law enforcement unit within the office of sheriff.

    (4.1) "Detention facility" means a municipal or county jail used for the detention of persons charged with or convicted of a felony, a misdemeanor, or a municipal or county ordinance, but shall not include a facility customarily used to hold one or more persons for a period not to exceed eight hours while any such person awaits processing, booking, court appearance, or release.

    (5) "Emergency peace officers" means any peace officers who are employed or appointed to act as peace officers during an emergency or disaster which has been so declared by the chief executive officer of the state and whose status as peace officers is intended to be temporary and for that limited purpose.

    (5.1) "Jail officer" means any person who is employed or appointed by a county or a municipality and who has the responsibility of supervising inmates who are confined in a municipal or county detention facility.

    (5.2) "Juvenile correctional facility" means a facility operated by the Department of Juvenile Justice and used for the detention of youth who are delinquent or who are alleged to be delinquent or a facility operated by the Department of Juvenile Justice used for the care, treatment, and rehabilitation of juvenile offenders.

    (5.3) "Juvenile correctional officer" means any person employed or appointed by the Department of Juvenile Justice who has the primary responsibility for the supervision and control of youth confined in its programs and facilities.

    (6) "Law enforcement support personnel" means persons, other than peace officers, whose primary employment with a law enforcement unit consists of performing functions directly related to the prevention, detection, or investigation of crime.

    (7) "Law enforcement unit" means:

    (A) Any agency, organ, or department of this state, a subdivision or municipality thereof, or a railroad whose primary functions include the enforcement of criminal or traffic laws, the preservation of public order, the protection of life and property, or the prevention, detection, or investigation of crime;

    (B) The Office of Permits and Enforcement of the Department of Transportation, the Department of Juvenile Justice and its institutions and facilities for the purpose of personnel who are authorized to exercise the power of arrest and who are employed or appointed by said department or institutions, and the office or section in the Department of Juvenile Justice in which persons are assigned who have been designated by the commissioner to investigate and apprehend unruly and delinquent children; and

    (C) The Department of Corrections, the State Board of Pardons and Paroles, municipal correctional institutions employing 300 or more correctional officers, and county correctional institutions for the purpose of personnel who are authorized to exercise the power of arrest and who are employed or appointed by said department, board, or institutions.

    (8) "Peace officer" means, for purposes of this chapter only:

    (A) An agent, operative, or officer of this state, a subdivision or municipality thereof, or a railroad who, as an employee for hire or as a volunteer, is vested either expressly by law or by virtue of public employment or service with authority to enforce the criminal or traffic laws through the power of arrest and whose duties include the preservation of public order, the protection of life and property, and the prevention, detection, or investigation of crime;

    (B) An enforcement officer who is employed by the Department of Transportation in its Office of Permits and Enforcement and any person employed by the Department of Juvenile Justice who is designated by the commissioner to investigate and apprehend unruly and delinquent children;

    (B.1) Personnel who are authorized to exercise the power of arrest, who are employed or appointed by the Department of Juvenile Justice, and whose full-time duties include the preservation of public order, the protection of life and property, the detection of crime, or the supervision of delinquent and unruly children in the department's institutions, facilities, or programs;

    (C) Personnel who are authorized to exercise the power of arrest and who are employed or appointed by the Department of Corrections, the State Board of Pardons and Paroles, municipal correctional institutions employing 300 or more correctional officers, county probation systems, and county correctional institutions; and

    (D) An administrative investigator who is an agent, operative, investigator, or officer of this state whose duties include the prevention, detection, and investigation of violations of law and the enforcement of administrative, regulatory, licensing, or certification requirements of his or her respective employing agency.
    Law enforcement support personnel are not peace officers within the meaning of this chapter, but they may be certified upon voluntarily complying with the certification provisions of this chapter.

    (9) "Retired peace officer" means a retired law enforcement officer who, prior to his or her retirement from service with the state or a subdivision or municipality thereof, was a peace officer within the meaning of such term as defined in paragraph (8) of this Code section. A retired peace officer may be certified or registered upon voluntarily complying with the certification or registration provisions of this chapter. Such term shall also mean a retired law enforcement officer who retired from service with the United States who meets all criteria as specified by the council for such classification; provided, however, that such classification shall not exempt such officer from satisfying the minimum employment and training requirements of this chapter if such officer is appointed or employed as a peace officer by the state or a subdivision or municipality thereof.

    (10) "School" means any school, college, university, academy, or training program approved by the council which offers basic law enforcement training and which consists of a combination of a course curriculum, instructors, and facilities.

    (11) "Speed detection device" means that particular device designed to measure the speed or velocity of a motor vehicle and marketed under the name "Vascar," any device designed to measure the speed or velocity of motor vehicles using the Doppler principle of radio detection and ranging and commonly marketed under the name "radar," or any similar device, including but not limited to laser, operating under the same or similar principle, which device is approved by the Department of Public Safety for the measurement of speed, including any device for the measurement of speed or velocity based upon the Doppler principle of radar or speed timing principle of laser.

    HISTORY: Ga. L. 1970, p. 208, §§ 2, 14; Ga. L. 1975, p. 1165, §§ 2, 3, 10; Ga. L. 1976, p. 395, §§ 1-5; Ga. L. 1978, p. 992, §§ 1, 2; Ga. L. 1978, p. 2299, § 1; Ga. L. 1980, p. 979, § 1; Ga. L. 1981, p. 778, § 1; Ga. L. 1982, p. 3, § 35; Ga. L. 1982, p. 2478, §§ 1, 2, 5, 6; Ga. L. 1985, p. 283, § 1; Ga. L. 1987, p. 1141, § 1; Ga. L. 1989, p. 568, § 1; Ga. L. 1993, p. 91, § 35; Ga. L. 1993, p. 966, §§ 1, 2; Ga. L. 1995, p. 880, § 1; Ga. L. 1995, p. 1238, § 1; Ga. L. 1996, p. 1281, § 1; Ga. L. 1997, p. 582, §§ 1, 2; Ga. L. 1997, p. 1453, § 1; Ga. L. 1997, p. 1488, §§ 2A, 2B, 7A, 7B; Ga. L. 1998, p. 128, § 35; Ga. L. 1998, p. 224, § 2; Ga. L. 1999, p. 777, §§ 2, 3.
     
  2. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Firearmz, the definitions above, you will note that they say "for the purposes of this chapter." That means they are not good definitions for any other part of the law, like 16-11-127.
     

  3. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    16-11-130 has its own separate exemption for:

    Does that help?
     
  4. Firearmz

    Firearmz New Member

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    yes but what is a keeper of a correctional institution?
     
  5. legacy38

    legacy38 Well-Known Member

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    We had a discussion on this one a while back.

    Different areas of GA law define the terms differently.
     
  6. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    I take it to mean prison guards.
     
  7. Firearmz

    Firearmz New Member

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    This is just another one of those gray areas I see in Georgia Law. HR218 was actually introduced with a large participation of correctional officers. A lot of guys and gals doing their job piss serious gang and other organized crime members off. This results in attacks outside the institutions from fellow members of these gangs.

    In my opinion Georgia Law says this in one sentence and will say something just the opposite in another.

    So I was just wanting an opinion from others.
     
  8. Gunstar1

    Gunstar1 Administrator

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    That is one of the defining features of Georgia Law. The ability to contradict itself, repeatedly.
     
  9. legacy38

    legacy38 Well-Known Member

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    It is my understanding that under 218 does not cover correctional officers.
     
  10. Firearmz

    Firearmz New Member

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    Explain how you come to that under standing, please.
     
  11. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    `(c) As used in this section, the term `qualified law enforcement officer' means an employee of a governmental agency who--

    `(1) is authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of, or the incarceration of any person for, any violation of law, and has statutory powers of arrest;

    `(2) is authorized by the agency to carry a firearm;

    . . .
     
  12. Firearmz

    Firearmz New Member

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    c) As used in this section, the term `qualified law enforcement officer' means an employee of a governmental agency who--

    `(1) is authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of, or the incarceration of any person for, any violation of law, and has statutory powers of arrest; corrections officers do this

    `(2) is authorized by the agency to carry a firearm; corrections officers do this

    `(3) is not the subject of any disciplinary action by the agency;

    `(4) meets standards, if any, established by the agency which require the employee to regularly qualify in the use of a firearm; corrections officers do this

    `(5) is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance; and

    `(6) is not prohibited by Federal law from receiving a firearm.

    Corrections Officer regularly perform the above highlighted items and meet the same POST Qualifications as Police Officers, Probation Officers, State Patrol, so where is the beef?
     
  13. legacy38

    legacy38 Well-Known Member

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    I gladly stand corrected. I hadn't read that text. I was informed by a correctional officer/instructor that correctional officers were not covered.
     
  14. Gunstar1

    Gunstar1 Administrator

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    I have heard that before too... more than once actually. From strangers over the internet and someone I know who went through training. All tell a similar story of the correctional training facility instructors telling them that they are not covered.

    I don't know why they keep telling the trainees otherwise.
     
  15. legacy38

    legacy38 Well-Known Member

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    Maybe it's DOC brass trying to spread to keep their people from carrying?
     
  16. Gunstar1

    Gunstar1 Administrator

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    It must be the far up brass, or just the brass in charge of training because after training he started working full time at the county jail and his supervisors told him to carry while off duty. He asked me about the GFL and I told him about his exemption. He argued with me for a few minutes then at his next shift his supervisor confimed it.

    If I remember right he said they said something similar to: the exemption if for law enforcement or peace officers and correctional officers were not peace officers so the carry without a GFL does not apply to them.

    My response was: so what, you have your own exemption.
     
  17. coolhead64

    coolhead64 Guest

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    I think jailers should be exempt, just wish i could find law to make it happen
     
  18. Gunstar1

    Gunstar1 Administrator

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    I stumbled across this the other day...

    So according to this, even jailors who can charge inmates with crimes while in prison are peace officers under Title 16.
     
  19. Gunstar1

    Gunstar1 Administrator

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    Not sure what you mean, they are exempt.
    16-11-130 https://www.georgiapacking.org/GaCode/?t ... ection=130

    To me (a)(1) or (a)(2) can be said to exempt jailers.