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GA HB1395
Bill
Status
Introduced
2/22/2024
Primary Sponsor
Eric Bell
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AI Summary
- Removes sovereign immunity protections for law enforcement officers alleged to have committed misconduct or violated the law while acting within the scope of their official duties, making them personally subject to lawsuit and 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 by failing to intervene
- Eliminates qualified immunity and all other statutory or common law immunities as defenses for law enforcement officers in claims brought under the new Code section
- Defines "law enforcement officer" broadly to include any full-time or part-time agent or officer of the state or its political subdivisions vested with arrest authority whose duties involve preserving public order, protecting life and property, or preventing, detecting, or investigating crime
- Waives sovereign immunity for claims, counterclaims, cross-claims, or third-party claims brought by aggrieved persons under the new section, and authorizes recovery of legal or equitable relief including reasonable attorney's fees
Legislative Description
State tort claims; remove immunities from certain actions of law enforcement officers
Last Action
House Second Readers
2/27/2024
Committee Referrals
Judiciary2/26/2024
Full Bill Text
No bill text available