Immunity From Criminal Liability of Persons Rendering Assistance to Law Enforcement Officers

  1. Law
  2. Georgia Code
  3. Crimes and Offenses
  4. Defenses to Criminal Prosecutions
  5. Justification and Excuse
  6. Immunity From Criminal Liability of Persons Rendering Assistance to Law Enforcement Officers

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  1. Any person who renders assistance reasonably and in good faith to any law enforcement officer who is being hindered in the performance of his official duties or whose life is being endangered by the conduct of any other person or persons while performing his official duties shall be immune to the same extent as the law enforcement officer from any criminal liability that might otherwise be incurred or imposed as a result of rendering assistance to the law enforcement officer.
  2. The official report of the law enforcement agency shall create a rebuttable presumption of good faith and reasonableness on the part of the person who assists the law enforcement officer.
  3. The purpose of this Code section is to provide for those persons who act in good faith to assist law enforcement officers whose health and safety is being adversely affected and threatened by the conduct of any other person or persons. This Code section shall be liberally construed so as to carry out the purposes thereof.

(Code 1933, § 27-219, enacted by Ga. L. 1967, p. 745, §§ 1, 2.)

Cross references.

- Exercise of power of arrest by private persons generally, § 17-4-60 et seq.

JUDICIAL DECISIONS

Cited in Carter v. State, 129 Ga. App. 536, 199 S.E.2d 925 (1973).

RESEARCH REFERENCES

Am. Jur. 2d.

- 5 Am. Jur. 2d, Arrest, §§ 24, 127. 70 Am. Jur. 2d, Sheriffs, Police, and Constables, §§ 39, 63 et seq.

C.J.S.

- 22 C.J.S., Criminal Procedure and Rights of the Accused, § 104.

ALR.

- Accident insurance: aiding peace officer as voluntary exposure to unnecessary danger, 17 A.L.R. 191.


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