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HB 838/AP

House Bill 838 (AS PASSED HOUSE AND SENATE)
By: Representatives Hitchens of the 161st, Lott of the 122nd, Jasperse of the 11th, Gravley of
the 67th, and Lumsden of the 12th

A BILL TO BE ENTITLED
AN ACT

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To amend Code Section 24-5-510 and Article 8 of Chapter 2 of Title 35 of the Official Code

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of Georgia Annotated, relating to privileged communications between law enforcement

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officers and peer counselors and Office of Public Safety Officer Support, respectively, so as

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to change the name of the Office of Public Safety Officer Support; to amend Chapter 8 of

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Title 35 of the Official Code of Georgia Annotated, relating to employment and training of

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peace officers, so as to provide for the right to bring suit; to provide for bias motivated by

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intimidation against first responders; to provide for related matters; to repeal conflicting

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laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1.

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Code Section 24-5-510 of the Official Code of Georgia Annotated, relating to privileged

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communications between law enforcement officers and peer counselors, is amended by

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revising paragraph (2) of subsection (a) as follows:

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"(2) 'Peer counselor' means:

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(A) An employee of the Office of Public Safety Officer Support within the Department

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of Public Safety; or

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(B) An individual who is certified by the support coordinator of the Office of Public

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Safety Officer Support within the Department of Public Safety pursuant to

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subsection (b) of Code Section 35-2-163 who is an employee of a public entity that

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employs public safety officers and who is designated by the executive head of such

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public entity."

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SECTION 2.

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Article 8 of Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to

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Office of Public Safety Officer Support, is amended in Code Section 35-2-160, relating to

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definitions, by revising paragraph (5) as follows:
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"(5) 'Support coordinator' means the coordinator of the Office of Public Safety Officer

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Support within the Department of Public Safety."

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SECTION 3.

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Said article is further amended by revising Code Section 35-2-161, relating to Office of

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Public Safety Officer Support established, as follows:

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"35-2-161.

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There is established the Office of Public Safety Officer Support within the Department of

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Public Safety."

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SECTION 4.

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Said article is further amended in Code Section 35-2-163, relating to peer counseling and

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critical incident support services, certification, and employment of necessary staff, by

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revising subsection (a) as follows:

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"(a) The Office of Public Safety Officer Support within the Department of Public Safety

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may respond to and provide peer counselors and critical incident support services to any

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requesting public entities that employ public safety officers. The office may respond to and

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provide peer counselors and critical incident support services for the benefit of public

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safety officers experiencing post-traumatic stress disorder or other trauma associated with

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public safety. The office shall develop a course of training in critical incident stress

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management and in any other related subject matter for the benefit of public safety

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officers."

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SECTION 5.

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Chapter 8 of Title 35 of the Official Code of Georgia Annotated, relating to employment and

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training of peace officers, is amended by adding a new Code section to read as follows:

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"35-8-7.3.

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A peace officer shall have the right to bring a civil suit against any person, group of

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persons, organization, or corporation, or the head of an organization or corporation, for

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damages, either pecuniary or otherwise, suffered during the officer's performance of

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official duties, for abridgment of the officer's civil rights arising out of the officer's

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performance of official duties, or for filing a complaint against the officer which the person

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knew was false when it was filed."

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SECTION 6.
Said chapter is further amended by adding a new Code section to read as follows:
"35-8-7.4.

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(a) As used in this Code section, the term 'first responder' means any firefighter of a

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municipal, county, or volunteer fire department, a peace officer as defined in Code Section

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35-8-2, and an emergency medical technician as defined in Code Section 16-10-24.2.

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(b) A person commits the offense of bias motivated intimidation when such person

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maliciously and with the specific intent to intimidate, harass, or terrorize another person

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because of that person's actual or perceived employment as a first responder:

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(1) Causes death or serious bodily harm to another person; or

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(2) Causes damage to or destroys any real or personal property of a person because of

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actual or perceived employment as a first responder without permission and the amount

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of the damage exceeds $500.00 or the value of the property destroyed exceeds $500.00.

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(c) Any person that violates subsection (b) of this Code section shall be guilty of the

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offense of bias motivated intimidation and, upon conviction thereof, shall be punished by

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imprisonment of not less than one nor more than five years, a fine of not more

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than $5,000.00, or both.

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(d) Each violation of this Code section shall constitute a separate offense and shall not

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merge with any other crime.

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(e) A sentence imposed under this Code section shall run consecutively to any sentence

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for any other offense related to the act or acts establishing an offense under this Code

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section.

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(f) Charges of violating subsection (b) of this Code section shall not be prosecuted by way

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of an accusation but only by indictment or special presentment by a grand jury."

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SECTION 7.
All laws and parts of laws in conflict with this Act are repealed.

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