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A study committee of the Senate Public Safety
Committee met on January 8, 2009 to examine the
conditions, needs, and issues of the Georgia
laws impacting fleeing or eluding a police
officer. The study committee was created by
Senate Resolution (SR) 1147 sponsored by Senator
John Douglas and adopted by the Senate last
year. Senator Douglas of Social Circle served as
chairman of the study committee, other committee
members were Senators Bill Jackson of Appling
and Cecil Staton of Macon.
The committee received a report from legislative
counsel concerning the Georgia laws (17-4-23,
40-6-395, and 40-13-30) that have been used by
the courts to convict persons of eluding or
fleeing a law enforcement officer. They also
received a brief report on the “hot pursuit
doctrine.”
Various state, county, and city law enforcement
managers gave testimony to the committee on the
actual application of the laws by the officers.
The committee asked numerous questions of those
managers and based on those questions there
appears to be some interest by the legislators
in making it a felony to flee or elude an
officer:
• When the offender is DUI,
• When the offender crosses jurisdictional
lines, and
• When the offender has a previous offense of
fleeing or eluding.
The study committee will make a report to the
Senate Public Safety Committee and it is
anticipated that Senator Douglas will introduce
legislation to create some type of felony
penalties in at least those certain situations
as previously identified. If you have a special
interest in this, please feel free to contact
your state senator. To find your senator go to
www.legis.state.ga.us
The First Session of the 2009-10 Legislative
Term begins January 12, 2009 and runs for a
maximum of 40 legislative days.
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