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GA SB514

Bill

Status

Introduced

6/16/2020

Primary Sponsor

Nikema Williams

Click for details

Origin

Senate

2019-2020 Regular Session

AI Summary

  • Removes assault, battery, false imprisonment, false arrest, malicious prosecution, and abuse of process from the list of exceptions to state tort liability, making the state potentially liable for these actions
  • Law enforcement officers alleged to have committed misconduct or a violation of law while acting within the scope of official duties are no longer shielded from personal lawsuit or liability
  • Creates a new cause of action (Code Section 50-21-25.1) allowing individuals to sue law enforcement officers who, under color of law, deprive any person of rights secured by the Georgia or U.S. Constitution, including through a failure to intervene
  • Eliminates qualified immunity and all other statutory or common law immunities as defenses for law enforcement officers in such actions, and waives sovereign immunity to allow claims seeking legal or equitable relief, including reasonable attorney fees
  • Applies to full-time or part-time law enforcement officers of the state, political subdivisions, municipalities, authorities, and colleges or universities vested with arrest powers; becomes effective upon the Governor's approval

Legislative Description

State Tort Claims; actions of certain law enforcement officers; certain immunities; remove

Last Action

Senate Read and Referred

6/17/2020

Full Bill Text

No bill text available