Establishment of Unit of Game Wardens; Qualifications, Appointment, and Supervisory Personnel; Retention of Badge and Weapon Upon Disability Retirement

  1. Law
  2. Georgia Code
  3. Game and Fish
  4. General Provisions
  5. Establishment of Unit of Game Wardens; Qualifications, Appointment, and Supervisory Personnel; Retention of Badge and Weapon Upon Disability Retirement

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  1. Within the department is established a unit of peace officers to be known as game wardens. All such game wardens shall be at least 21 years of age. Such unit of peace officers shall include, but not be limited to, the commissioner and other supervisory personnel; provided, however, that the commissioner and the director of the division to which peace officer functions are assigned shall be excluded from the classified service as defined by Code Section 45-20-2 unless otherwise provided by law. The commissioner shall have the power to appoint such a number of game wardens of the state at large, as may be necessary to carry out the duties assigned to them, who shall be charged with the law enforcement responsibilities pertaining to the department.
  2. After a game warden has accumulated 25 years of service with the department as a peace officer and upon leaving such department under honorable conditions, such game warden shall be entitled as part of such officer's compensation to retain his or her weapon and badge pursuant to regulations promulgated by the commissioner.
  3. As used in this subsection, the term "disability" means a disability that prevents an individual from working as a law enforcement officer. When a game warden leaves the department as a result of a disability arising in the line of duty, such game warden shall be entitled as part of such officer's compensation to retain his or her weapon and badge in accordance with regulations promulgated by the commissioner.

(Ga. L. 1931, p. 173, §§ 1-3; Code 1933, § 45-124; Ga. L. 1943, p. 128, § 19; Ga. L. 1945, p. 404, § 3; Ga. L. 1955, p. 483, § 13; Ga. L. 1968, p. 497, § 5; Ga. L. 1973, p. 1483, § 1; Ga. L. 1974, p. 1453, § 1; Code 1933, § 45-116, enacted by Ga. L. 1977, p. 396, § 1; Ga. L. 1978, p. 816, § 8; Ga. L. 1981, p. 798, § 2; Ga. L. 1993, p. 392, § 1; Ga. L. 2004, p. 1058, § 2; Ga. L. 2005, p. 60, § 27/HB 95; Ga. L. 2009, p. 745, § 2/SB 97; Ga. L. 2012, p. 446, § 2-32/HB 642; Ga. L. 2019, p. 808, § 7/SB 72.)

The 2019 amendment, effective July 1, 2019, substituted "game wardens" for "conservation rangers" in three places in subsection (a), and substituted "game warden" for "conservation ranger" in two places in subsection (b) and in two places in subsection (c).

Cross references.

- Employment and training of peace officers, § 35-8-1 et seq.

Authority of conservation rangers to enforce boat safety laws, § 52-7-25.

Editor's notes.

- Ga. L. 2012, p. 446, § 3-1/HB 642, not codified by the General Assembly, provides that: "Personnel, equipment, and facilities that were assigned to the State Personnel Administration as of June 30, 2012, shall be transferred to the Department of Administrative Services on the effective date of this Act." This Act became effective July 1, 2012.

Ga. L. 2012, p. 446, § 3-2/HB 642, not codified by the General Assembly, provides that: "Appropriations for functions which are transferred by this Act may be transferred as provided in Code Section 45-12-90."

JUDICIAL DECISIONS

Conservation officer/ranger engaged in official duties in enforcing traffic.

- Sufficient evidence supported the defendant's convictions of felony and misdemeanor obstruction of an officer and driving without carrying a license because the on-duty and uniformed conservation ranger had authority to arrest and was authorized to enforce traffic offenses and the state showed that the ranger was acting within the lawful discharge of official duties when the defendant was asked to turn down the music from the vehicle. Thornton v. State, 353 Ga. App. 252, 836 S.E.2d 541 (2019).

Administrative Rules and Regulations.

- Powers, duties, titles, qualifications, appointments and other matters pertaining to the department's unit of peace officers, Official Compilation of the Rules and Regulations of the State of Georgia, Rules of Georgia Department of Natural Resources, Administration, Organization and Public Participation, § 391-1-1-.03.

OPINIONS OF THE ATTORNEY GENERAL

Purchase of uniforms for conservation rangers.

- The Department of Natural Resources can purchase uniforms only for its conservation rangers, which, by statute, are made a uniformed division; purchase of uniforms for any other employees would not be authorized. 1963-65 Op. Att'y Gen. p. 686 (rendered under Ga. L. 1955, p. 483 prior to the 1977 amendment).

RESEARCH REFERENCES

C.J.S.

- 36A C.J.S., Fish, §§ 29, 30.


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