Committee clarifies definition of "law enforcement officer" to allow federal assistance during emergencies

The Senate Public Safety Committee voted unanimously to approve a committee substitute for Senate Bill 99, which refines the statutory definition of "law enforcement officer" to clarify when federal personnel may render assistance to local agencies.

Senator Robertson, the bill's sponsor, said the measure "clarifies the definition of a law enforcement officer as a peace officer" and is intended to permit state or federal officers to assist local law enforcement "in response to a declaration of a state of emergency or disaster issued by the governor." Robertson said the bill does not change Posse Comitatus principles and does not authorize federal officers to enforce state law outside the narrow assistance context.

Mike Callahan, president of the Georgia Fraternal Order of Police, testified in support, calling the bill "a force multiplier" for departments that experience manpower shortages. "Many of our smaller departments have a manpower shortage or shortfall, and there's multiple occasions when they need assistance," Callahan said.

During the committee, Robertson offered a friendly amendment to strike section D (lines 19 through 22 of the draft) addressing sheriff qualifications; he said a House bill being carried by Representative Gaines will define sheriff qualifications and could make that section redundant. The committee approved the amendment by voice vote and then approved the amended committee substitute by voice vote, with no recorded roll-call tally.

The committee referred the substitute to the rules committee for further consideration.