Bill Text: GA HB991 | 2011-2012 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Sheriffs; how vacancies are filled; change provisions

Spectrum: Slight Partisan Bill (Republican 3-1)

Status: (Passed) 2012-07-01 - Effective Date [HB991 Detail]

Download: Georgia-2011-HB991-Introduced.html

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12 LC 29 5143

House Bill 991

By: Representatives Maddox of the 127th, Baker of the 78th, and Talton of the 145th

A BILL TO BE ENTITLED
AN ACT

To amend Article 1 of Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to sheriffs, so as to change provisions relating to how vacancies are filled; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Article 1 of Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to sheriffs, is amended by revising Code Section 15-16-8, relating to how vacancies are filled, as follows:

"15-16-8.

(a) Except as otherwise provided by local law, vacancies in the office of sheriff shall be filled and the proceedings thereafter shall be as in cases of vacancies in the office of clerk of the superior court, subject to the exception provided in subsection (b) of this Code section by the chief deputy sheriff if a chief deputy has been appointed. In any county in which a chief deputy sheriff has not been appointed, the probate judge shall, within three days of the vacancy, appoint a qualified person to serve as the interim sheriff. Such interim sheriff shall serve in such capacity until the vacancy is filled pursuant to the provisions of subsection (b) of this Code section. If less than six months of the sheriff's term remains, the chief deputy sheriff shall hold office for the unexpired term of the sheriff.

(b) In case there is a failure to appoint, as set forth in Code Section 15-6-54, the coroner of the county shall act as sheriff. If there is no coroner, the sheriff of any adjoining county is authorized to act as sheriff until the judge of the probate court makes the appointment or an election is held. When a vacancy in the office of sheriff is created more than six months from the date when the next general election is to be held or if the vacancy has been filled with an interim sheriff as provided in subsection (a) of this Code section, the election superintendent for the county shall call a special election to fill such vacancy, and such official shall give notice in one or more of the public newspapers of the county, if any, at the courthouse, and at three or more of the most public places of the county at least 30 days prior to the date of such special election. Such special election shall be held at least 120 days but no later than 365 days after the date the vacancy occurred. The person elected at such special election shall hold office for the unexpired term of his or her predecessor. The returns of the election shall be made to the Governor, who shall immediately commission the person elected sheriff.

(c) Notwithstanding the provisions of Code Section 45-5-1, the office of sheriff shall by operation of law be deemed vacant upon certification by the Georgia Peace Officer Standards and Training Council to the judge of the probate court of the county that the certification required to be a peace officer has been revoked for the sheriff of said county. Such vacancy shall be filled as provided in this Code section."

SECTION 2.

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