Title 35, Chapter 8, Section 10
( 35-8-10)
(a) No person required to comply with the certification provisions
of this chapter shall be employed or appointed by any law
enforcement unit without certification from the council that the
applicant has met the preemployment requirements established in this
chapter, and no candidate shall perform any of the duties of a peace
officer involving the power of arrest until such training shall have
been successfully completed. (b) Peace officers commencing any employment or service on any terms with the Department of Public Safety, counties, municipalities, the Georgia Bureau of Investigation, the Department of Natural Resources, the Department of Revenue, Alcohol and Tobacco Tax Unit, the Secretary of State's investigative section, or a railroad after July 1, 1975, are required to comply with the certification provisions of this chapter. Peace officers commencing such employment or service prior to July 1, 1975, and whose employment continues on July 1, 1975, are exempt and excused from compliance with the certification provisions of this chapter except as provided in this Code section so long as the registration provided for in subsections (d) and (e) of this Code section remains in effect. Any peace officer otherwise exempt from the certification provisions of this chapter must meet the qualifications and requirements specified in paragraphs (2), (4), (5), and (8) of subsection (a) of Code Section 35-8-8. (c) If, after July 1, 1975, any other employment or service is
conditioned on compliance with this chapter, persons so employed or
serving shall be required to comply with the certification
provisions established in this chapter, except that persons so
employed or serving whose employment or service commenced prior to
and continues upon the effective date of the peace officer's law
enforcement unit becoming subject to the provisions of this chapter
shall be exempt and excused from compliance so long as registration
provided for in subsections (d) and (e) of this Code section remains
in effect. Notwithstanding this subsection, the effective date of
requirements for certification or registration shall be determined
by the council based upon identification of the applicability of
this chapter to particular peace officers. Nothing in this
subsection shall be deemed to grant an exemption to persons required
to be certified by subsections (a) and (b) of this Code section. (d) Peace officers exempt from the certification provisions of this
chapter are required to register with the council. The registration
shall remain in effect for the period of time said person is
employed as a peace officer. (e) Any registration granted in this Code section shall not
terminate upon a subsequent employment or appointment as a peace
officer, provided that subsequent employment or appointment as a
peace officer is recognized by the council to be substantially the
same or similar to the employment or appointment by virtue of which
said peace officer was exempted and registered as such; provided,
further, that such subsequent employment or appointment is commenced
within 12 months of such prior termination as a peace officer. (f) Except as otherwise provided by subsection (b) of this Code section, nothing in this subsection or in subsection (d) shall be deemed to require any exempt peace officer to comply with Code Sections 35-8-8 and 35-8-9 for the period of time the registration shall remain in effect. (g) A peace officer excused from mandatory compliance with this
chapter by this Code section may choose to be certified under this
chapter. If so, the council shall have the authority to recognize
instruction received by such a peace officer as equivalent to all or
part of the instruction required for certification under this
chapter. (h) Any person who was serving as a sheriff on July 1, 1970, and who
subsequently becomes a peace officer shall not be required to comply
with this chapter. (i) A retired peace officer may be voluntarily registered by the council as an exempt peace officer without meeting the qualifications and requirements specified in paragraphs (2), (4), (5), and (8) of subsection (a) of Code Section 35-8-8. Such registration of a retired peace officer shall not terminate, as provided for in subsection (e) of this Code section. Nothing in this subsection shall be deemed to grant an exemption to persons required to be certified or registered by this chapter. |