Title 35, Chapter 8, Section 7.1
( 35-8-7.1)
(a) The council shall have authority to refuse to grant a
certificate to an applicant or to discipline a certified peace
officer or exempt peace officer under this chapter or any antecedent
law upon a determination by the council that the applicant or
certified peace officer or exempt peace officer has: (1) Failed to demonstrate the qualifications or standards for a
certificate provided in this chapter or in the rules and
regulations of the council. It shall be incumbent upon the
applicant to demonstrate to the satisfaction of the council that
he meets all requirements for the issuance of a certificate; (2) Knowingly made misleading, deceptive, untrue, or fraudulent
representations in the practice of being a peace officer or in any
document connected therewith or practiced fraud or deceit or
intentionally made any false statement in obtaining a certificate
to practice as a peace officer; (3) Been convicted of a felony in the courts of this state or any
other state, territory, country, or of the United States. As used
in this paragraph, the term "conviction of a felony" shall include
a conviction of an offense which if committed in this state would
be deemed a felony under either state or federal law without
regard to its designation elsewhere. As used in this paragraph,
the term "conviction" shall include a finding or a verdict of
guilt, a plea of guilty, or a plea of nolo contendere in a
criminal proceeding, regardless of whether the adjudication of
guilt or sentence is withheld or not entered thereon. However,
the council may not deny a certificate to an applicant with a
conviction if the adjudication of guilt or sentence is withheld or
not entered thereon; (4) Committed a crime involving moral turpitude, without regard to
conviction. The conviction of a crime involving moral turpitude
shall be conclusive of the commission of such crime. As used in
this paragraph, the term "conviction" shall have the meaning
prescribed in paragraph (3) of this subsection; (5) Had his certificate or license to practice as a peace officer
revoked, suspended, or annulled by any lawful certifying or
licensing authority; or had other disciplinary action taken
against him by any lawful certifying or licensing authority; or
was denied a certificate or license by any lawful certifying or
licensing authority; (6) Engaged in any unprofessional, unethical, deceptive, or
deleterious conduct or practice harmful to the public, which
conduct or practice need not have resulted in actual injury to any
person. As used in this paragraph, the term "unprofessional
conduct" shall include any departure from, or failure to conform
to, the minimal standards of acceptable and prevailing practice of
a peace officer; (7) Violated or attempted to violate a law, rule, or regulation of
this state, any other state, the council, the United States, or
any other lawful authority without regard to whether the violation
is criminally punishable, which law, rule, or regulation relates
to or in part regulates the practice of a peace officer;
(8) Committed any act or omission which is indicative of bad moral
character or untrustworthiness; (9) Been adjudged mentally incompetent by a court of competent
jurisdiction, within or outside this state; (10) Become unable to perform as a peace officer with reasonable
skill and safety to citizens by reason of illness or use of
alcohol, drugs, narcotics, chemicals, or any other type of
material or as a result of any mental or physical condition; or (11) Been suspended or discharged by the peace officer's employing
law enforcement unit for disciplinary reasons. (b)(1) When the council finds that any person is unqualified to be
granted a certificate or finds that any person should be
disciplined pursuant to subsection (a) of this Code section, the
council may take any one or more of the following actions: (A) Refuse to grant a certificate to an applicant; (B) Administer a public or private reprimand, provided that a
private reprimand shall not be disclosed to any person except
the peace officer; (C) Suspend any certificate for a definite period; (D) Limit or restrict any certificate; (E) Revoke any certificate; or (F) Condition the penalty, or withhold formal disposition, upon
the peace officer's completing such care, counseling, or
treatment, as directed by the council. (2) In addition to and in conjunction with the foregoing actions,
the council may make a finding adverse to the applicant or peace
officer but withhold imposition of judgment and penalty or it may
impose the judgment and penalty but suspend enforcement thereof
and place the peace officer on probation, which probation may be
vacated upon noncompliance with such reasonable terms as the
council may impose. (c) In its discretion, the council may restore and reissue a
certificate issued under this chapter or any antecedent law to a
peace officer and, as a condition thereof, may impose any
disciplinary or corrective measure provided in this chapter. |