2020 Georgia Code
Title 45 - Public Officers and Employees
Chapter 9 - Insuring and Indemnification of Public Officers and Employees
Article 4A - Indemnification of Public School Teachers and Employees
§ 45-9-79.5. Giving False Information or Testimony; Liability to State

1. Any person who shall knowingly give false information or false testimony causing or intended to cause the payment of indemnification which would not otherwise be justified under this article shall be guilty of a misdemeanor.
2. Any such person convicted under subsection (a) of this Code section shall be liable to the state for any funds paid as a result of such false information or testimony.

(Code 1981, §45-9-79.5, enacted by Ga. L. 2000, p. 768, § 2.)

- Perjury, § 16-10-70.

- Pursuant to Code Section 28-9-5, in 2000, Code Section 45-9-109.5, as enacted by Ga. L. 2000, p. 768, § 2, was redesignated as Code Section 45-9-79.5.

ARTICLE 5 LAW ENFORCEMENT OFFICERS, FIREMEN, PRISON GUARDS, AND PUBLICLY EMPLOYED EMERGENCY MEDICAL TECHNICIANS

Cross references.

- Indemnification of law enforcement officers, firemen, prison guards, and publicly employed emergency medical technicians who are or were killed or permanently disabled in the line of duty, Ga. Const. 1983, Art. III, Sec. VI, Para. VI.

Offenses of aggravated assault and aggravated battery on peace officers and correctional officers, §§ 16-5-21,16-5-24.

Educational grants to children of law enforcement officers, firemen, and prison guards killed or disabled in line of duty, § 20-3-450 et seq.

Compensation of persons for injuries suffered while preventing crime or aiding officers of the law, § 28-5-100 et seq.

Workers' compensation generally, T. 34, C. 9.

- Ga. L. 2000, p. 283, § 3, designated Code Sections 45-9-80 through 45-9-91 of Article 5 as Part 1 of said Article, which became effective July 1, 2001, only upon ratification of a constitutional amendment by the voters of the state at the 2000 November general election. The constitutional amendment (Ga. L. 2000, p. 1999) was approved by a majority of the qualified voters voting at the general election held on November 7, 2000.

OPINIONS OF THE ATTORNEY GENERAL

Liberal construction.

- The Indemnification Law, O.C.G.A. § 45-9-80 et seq., is remedial in nature; its purpose is to confer a benefit upon survivors of those killed or permanently disabled while performing law enforcement (or other applicable) duties. With such a purpose, the law should be liberally construed. 1983 Op. Att'y Gen. No. 83-12.

- Uniformed officers in Motor Carrier Certification and Enforcement Division, Georgia Public Service Commission, are not entitled to receive indemnification pursuant to this article with respect to death occurring in line of duty. 1980 Op. Att'y Gen. No. 80-119.

- The General Assembly does not want the requirements of Police Officers Standards and Training Act (now the Georgia Peace Officer Standards and Training Act), O.C.G.A. § 35-8-1 et seq., grafted on to the Indemnification Law, O.C.G.A. § 45-9-80 et seq. 1983 Op. Att'y Gen. No. 83-12.

PART 1 GEORGIA STATE INDEMNIFICATION FUND

Editor's notes.

- Ga. L. 2000, p. 283, § 3, designated Code Sections 45-9-80 through 45-9-91 of Article 5 as Part 1 of said Article, which became effective July 1, 2001, only upon ratification of a constitutional amendment by the voters of the state at the 2000 November general election. The constitutional amendment (Ga. L. 2000, p. 1999) was approved by a majority of the qualified voters voting at the general election held on November 7, 2000.

- For note on 2000 amendments of O.C.G.A. §§ 45-9-80 to45-9-91, see 17 Ga. St. U.L. Rev. 270 (2000).