Definitions

  1. Law
  2. Georgia Code
  3. Public Officers and Employees
  4. Insuring and Indemnification of Public Officers and Employees
  5. Law Enforcement Officers, Firemen, Prison Guards, and Publicly Employed Emergency Medical Technicians
  6. Georgia State Indemnification Fund
  7. Definitions

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As used in this part, the term:

  1. "Commission" means the Georgia State Indemnification Commission.
  2. "Department" means the Department of Administrative Services.
  3. "Emergency management rescue specialist" means any person licensed as an emergency management rescue specialist pursuant to Code Section 38-3-36.
  4. "Emergency medical technician" includes only persons who:
    1. Are certified as emergency medical technicians, paramedics, or cardiac technicians under Chapter 11 of Title 31; and
    2. Are employed in the capacity for which they are so certified by a department, agency, authority, or other instrumentality of state or local government.
    1. "Firefighter" means any person who is employed as a professional firefighter on a full-time or part-time basis by any municipal, county, or state government fire department employing three or more firefighters and who has the responsibility of preventing and suppressing fires, protecting life and property, enforcing municipal, county, and state fire prevention codes, enforcing any law pertaining to the prevention and control of fires or who performs any acts or actions while on duty or when responding to a fire or emergency during any fire or other emergency or while performing duties intended to protect life and property.
    2. "Firefighter" shall also mean any individual serving as an officially recognized or designated member of a legally organized volunteer fire department, or any employee of the State Forestry Commission whose job duties include fire mitigation, who performs any acts or actions while on duty or when responding to a fire or emergency during any fire or other emergency or while performing duties intended to protect life and property.
    3. "Firefighter" shall also mean any individual employed by a person or corporation which has a contract with a municipal corporation or county to provide fire prevention and fire-fighting services to such municipal corporation or county and any such individual is employed on a full-time basis of at least 40 hours per week and has the responsibility of preventing and suppressing fires, protecting life and property, enforcing municipal or county fire prevention codes, enforcing any municipal or county ordinances pertaining to the prevention and control of fires or who performs any acts or actions while on duty or when responding to a fire or emergency during any fire or other emergency or while performing duties intended to protect life and property.
  6. "In the line of duty" means:
    1. With respect to an emergency medical technician or an emergency management rescue specialist, while on duty and when responding to or returning from an emergency or performing duties at the scene of an emergency or transporting a person to a medical facility for emergency treatment or returning therefrom;
    2. With respect to a volunteer firefighter, while on duty and when responding to or returning from a fire or other emergency or performing duties during any fire or other emergency or performing duties intended to protect life and property including, without limitation, actual participation in a training exercise;
    3. With respect to a law enforcement officer or firefighter, while on duty and performing services for and receiving compensation from the law enforcement and fire service agency which employs such officer or firefighter, while off duty when responding to any situation which would save a life or preserve the peace, or while preventing or attempting to prevent the commission of a crime or fire. A law enforcement officer or firefighter who is performing duties for and receiving compensation from a private employer at the time of such officer's or firefighter's death or bodily injury causing total permanent disability or partial permanent disability shall not be considered in the line of duty if the officer or firefighter is entitled to workers' compensation benefits from the private employer or the private employer's insurer;
    4. With respect to a prison guard, while on duty and performing services for and receiving compensation from the public agency which employs such prison guard; or
    5. With respect to a state highway employee, while on duty and performing any work necessary for the construction, maintenance, or operation of a roadway on or within the public roads of the state as defined in paragraph (24) of Code Section 32-1-3 when such employee is killed or permanently disabled as the result of working under hazardous conditions in close proximity to moving traffic or equipment.

      Such term shall not mean commuting to or from work or commuting to or from training.

  7. "Law enforcement officer" means any agent or officer of this state, a political subdivision or municipality of this state, or an authority of this state or a political subdivision of this state who, as a full-time or part-time employee, is vested either expressly by law or by virtue of public employment or service with authority to enforce the criminal or traffic laws with the power of arrest and whose duties include the preservation of public order, the protection of life and property, or the prevention, detection, or investigation of crime. Such term also includes the employees designated by the commissioner of juvenile justice pursuant to paragraph (2) of subsection (i) of Code Section 49-4A-8 who have the duty to investigate and apprehend delinquent children, or the supervision of delinquent children under intensive supervision in the community, and any child with a pending juvenile court case alleging the child to be a child in need of services who has escaped from a facility under the jurisdiction of the Department of Juvenile Justice or who has broken the conditions of supervision. Such term also includes members of the Georgia National Guard, the composition of which is set forth in Code Section 38-2-3, who have been called into active state service by the Governor.
  8. "Organic brain damage" means direct physical trauma to the brain which so affects the mental capacity as to preclude function productively in any employment.
  9. "Partial permanent disability" means disability due to:
    1. Loss of the use of one eye or blindness in one eye with only light perception;
    2. Loss of one hand;
    3. Loss of one leg; or
    4. Loss of a lower extremity or the residual effect of an organic disease or injury which so affects the functions of balance or propulsion as to preclude locomotion without the use of a wheelchair for all but very short distances.
  10. "Prison guard" means any person employed by the state or any political subdivision thereof whose principal duties relate to the supervision and incarceration of persons accused or convicted of the violation of the criminal laws of this state or any political subdivision thereof. Such term shall also mean any community supervision officer who is required to be certified under Chapter 8 of Title 35, the "Georgia Peace Officer Standards and Training Act," and whose principal duties directly relate to the supervision of probationers or parolees. Such term also means any person employed by the state or any political subdivision thereof whose principal duties include the supervision of youth who are charged with or adjudicated for an act which if committed by adults would be considered a crime.
  11. "State highway employee" means an employee of the Georgia Department of Transportation who receives compensation directly therefrom and regularly engages in duties necessary for the construction, maintenance, or operation of roadways on or within the public roads of this state as defined in paragraph (24) of Code Section 32-1-3.
  12. "Total permanent disability" means disability due to:
    1. Loss of both eyes or blindness in both eyes with only light perception;
    2. Loss or loss of use of both hands;
    3. Loss or loss of use of both legs;
    4. Loss of a lower extremity or the residual effect of an organic disease or injury which so affects the functions of balance or propulsion as to preclude locomotion without resort to a wheelchair at all times; or
    5. Organic brain damage.

(Ga. L. 1978, p. 1914, § 2; Ga. L. 1980, p. 700, § 2; Ga. L. 1981, p. 477, § 1; Ga. L. 1983, p. 651, § 1; Ga. L. 1983, p. 1303, § 1; Ga. L. 1983, p. 1469, § 1; Ga. L. 1984, p. 762, §§ 1, 2; Ga. L. 1986, p. 1478, § 1; Ga. L. 1987, p. 822, § 2; Ga. L. 1988, p. 1923, § 10; Ga. L. 1990, p. 488, § 1; Ga. L. 1990, p. 646, § 1; Ga. L. 1991, p. 771, § 1; Ga. L. 1991, p. 1312, § 2; Ga. L. 1992, p. 1983, § 22; Ga. L. 1994, p. 1149, § 1; Ga. L. 1995, p. 877, § 1; Ga. L. 1996, p. 950, § 1; Ga. L. 1997, p. 1453, §§ 1, 2; Ga. L. 1998, p. 264, §§ 2, 3; Ga. L. 2000, p. 283, § 1; Ga. L. 2000, p. 951, § 12-10; Ga. L. 2002, p. 415, § 45; Ga. L. 2002, p. 660, § 1; Ga. L. 2002, p. 1259, §§ 2, 3; Ga. L. 2005, p. 334, § 27-1/HB 501; Ga. L. 2008, p. 470, § 1/SB 254; Ga. L. 2009, p. 8, § 45/SB 46; Ga. L. 2013, p. 141, § 45/HB 79; Ga. L. 2013, p. 294, § 4-50/HB 242; Ga. L. 2014, p. 382, § 2/SB 324; Ga. L. 2015, p. 422, § 5-95/HB 310; Ga. L. 2016, p. 846, § 45/HB 737.)

The 2014 amendment, effective July 1, 2014, inserted ", or the supervision of delinquent children under intensive supervision in the community," in the middle of the second sentence of paragraph (7).

The 2015 amendment, effective July 1, 2015, in the second sentence of paragraph (10), substituted "community supervision officer" for "probation supervisor or parole officer" near the beginning and substituted "supervision of probationers or parolees" for "supervision of adult probationers or adult parolees" at the end.

The 2016 amendment, effective May 3, 2016, part of an Act to revise, modernize, and correct the Code, revised language in the second sentence of paragraph (10).

Editor's notes.

- Ga. L. 1987, p. 822, § 8, not codified by the General Assembly, provided that: "If any provision of this Act [which amended Code Sections 45-9-80 through 45-9-83, 45-9-84.2, 45-9-85, and 45-9-86] is held to be invalid or inoperative for any reason, the remaining provisions of this Act shall be deemed to be void and of no effect it being the legislative intent that this Act as a whole would not have been adopted had any provision not been included."

Ga. L. 2000, p. 283, § 3, not codified by the General Assembly, provided that the first 2000 amendment became effective July 1, 2001, only upon ratification of a constitutional amendment by the voters at the November 2000 general election. The constitutional amendment (Ga. L. 2000, p. 1999) was approved by a majority of the qualified voters voting at the general election held on November 7, 2000.

Ga. L. 2000, p. 951, § 13-1, not codified by the General Assembly, provided that the second 2000 Act which amended this Code section became fully effective July 1, 2001, but authorized administrative action commencing April 28, 2000, for purposes of appointing certain officials, adopting rules and regulations, employing personnel, and preparing for and phasing in full implementation; provided, however, that the Governor may by executive order extend the date for full implementation of the Act to no later than July 1, 2003. In accordance with an executive order issued June 29, 2001, by the Governor, the amendment of this Code section by Ga. L. 2000, p. 951, became fully effective July 1, 2001.

Ga. L. 2008, p. 470, § 2/SB 254, not codified by the General Assembly, provides that the amendment to this Code section shall apply to all incidents occurring on or after July 1, 2008.

Ga. L. 2013, p. 294, § 5-1/HB 242, not codified by the General Assembly, provides that: "This Act shall become effective on January 1, 2014, and shall apply to all offenses which occur and juvenile proceedings commenced on and after such date. Any offense occurring before January 1, 2014, shall be governed by the statute in effect at the time of such offense and shall be considered a prior adjudication for the purpose of imposing a disposition that provides for a different penalty for subsequent adjudications, of whatever class, pursuant to this Act. The enactment of this Act shall not affect any prosecutions for acts occurring before January 1, 2014, and shall not act as an abatement of any such prosecutions."

Law reviews.

- For article on the 2015 amendment of this Code section, see 32 Ga. St. U.L. Rev. 231 (2015).

JUDICIAL DECISIONS

Fact that appellants may have been employees in their position as city policemen does not necessarily contraindicate their status as officeholders in that same position. Fowler v. Mitcham, 249 Ga. 400, 291 S.E.2d 515 (1982).

OPINIONS OF THE ATTORNEY GENERAL

District attorney does not fit under any definition of law enforcement officer or peace officer in this state. 1980 Op. Att'y Gen. No. U80-33.

State court marshals.

- A determination of whether state court marshals may be considered "law enforcement officers" for purposes of O.C.G.A. § 45-9-80, et seq., the State Indemnification Act, must be made on a county-by-county basis. 1983 Op. Att'y Gen. No. 83-13.

RESEARCH REFERENCES

Am. Jur. 2d.

- 41 Am. Jur. 2d, Indemnity, § 1.


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