2021 Georgia Code
Title 35 - Law Enforcement Officers and Agencies
Chapter 3 - Georgia Bureau of Investigation
Article 1 - General Provisions
§ 35-3-9. Narcotics Agents

1. The director is authorized to retain on a contractual basis such persons as he or she shall deem necessary to detect and apprehend violators of the criminal statutes of this state pertaining to the possession, sale, or use of narcotics or other dangerous drugs.
2. Those persons contracting with the director pursuant to subsection (a) of this Code section shall be known as narcotics agents.
3. The investigative services provided for in this Code section shall be designed to support local law enforcement efforts. The director shall, with the advice and consent of the board, appoint a three-member priority committee composed of a representative from the Georgia Sheriffs Association, the Georgia Association of Chiefs of Police, and the District Attorneys Association. The committee shall establish priorities for use of investigative resources and determine the bona fide nature of requests for assistance. The recommendations of the committee shall be followed by the director except where otherwise expressly authorized by the board.
4. Narcotics agents shall have all powers necessary and incidental to the fulfillment of their contractual obligations, including the power of arrest when authorized by the director.
5. No person shall be a narcotics agent unless he is at least 18 years of age.
6. The director shall conduct a background investigation of all potential narcotics agents. If the background investigation discloses a criminal record, the applicant shall not be retained without the express approval of the board.
7. Any matters pertaining to narcotics agents shall be exempt from Chapter 14 of Title 50, relating to meetings open to the public.
8. Persons retained as narcotics agents shall be considered persons in the service of the bureau under a contract of hire with that agency whose employment of those persons as narcotics agents shall be considered an employment in the usual course of the business of that agency. Persons retained by the bureau as narcotics agents shall have all the rights and privileges of other employees of the bureau; provided, however, that such persons shall be in the unclassified service as defined by Code Section 45-20-2 and therefore shall not be governed by any rules of position, classification, appointment, promotion, demotion, transfer, dismissal, qualification, compensation, seniority privileges, tenure, or other such matters concerning their employment established by the State Personnel Board or any successor boards or agencies.
9. The director shall have all powers necessary and incidental to the effective operation of this Code section.

(Ga. L. 1973, p. 544, § 1; Ga. L. 1976, p. 392, § 1; Ga. L. 1978, p. 1646, § 1; Ga. L. 1987, p. 3, § 35; Ga. L. 1990, p. 540, § 2; Ga. L. 2001, p. 1058, § 1; Ga. L. 2009, p. 745, § 2/SB 97; Ga. L. 2012, p. 446, § 2-51/HB 642.)

- Possession, sale, and use of controlled substances, T. 16, C. 13.

State merit system generally, § 45-20-1 et seq.

- Ga. L. 2012, p. 446, § 3-1/HB 642, not codified by the General Assembly, provides that: "Personnel, equipment, and facilities that were assigned to the State Personnel Administration as of June 30, 2012, shall be transferred to the Department of Administrative Services on the effective date of this Act." This Act became effective July 1, 2012.

Ga. L. 2012, p. 446, § 3-2/HB 642, not codified by the General Assembly, provides that: "Appropriations for functions which are transferred by this Act may be transferred as provided in Code Section 45-12-90."

Cited in Strong v. State, 246 Ga. 612, 272 S.E.2d 281 (1980).

OPINIONS OF THE ATTORNEY GENERAL

Retirement credit for former service as narcotics agent.

- Employees of the Georgia Bureau of Investigation, who are members of the Employees Retirement System, may purchase prior service credit under O.C.G.A. § 47-2-93 for former service as a narcotics agent pursuant to O.C.G.A. § 35-3-9. 1992 Op. Att'y Gen. No. 92-17.

Narcotics agents employed by the Georgia Bureau of Investigation may purchase prior service credit under the Peace Officers and Annuity Benefit Fund, pursuant to Act No. 849, passed in the 1992 General Assembly session, which amended O.C.G.A. § 47-17-44 by rewriting subsection (c). 1992 Op. Att'y Gen. No. 92-18.

RESEARCH REFERENCES

Am. Jur. 2d.

- 15A Am. Jur. 2d, Civil Service, §§ 16, 18. 25 Am. Jur. 2d, Drugs and Controlled Substances, §§ 17, 19, 21, 23, 40. 63C Am. Jur. 2d, Public Officers and Employees, §§ 227, 229, 237.

- 28 C.J.S., Drugs and Narcotics, § 219. 63 C.J.S., Municipal Corporations, § 620. 67 C.J.S., Officers and Public Employees, §§ 68, 69, 224 et seq.