§ Sec. 24-10-27. Witness fees of members of municipal or county police forces, deputy sheriffs, and campus policemen

Codes > Georgia Code of Evidence > Title 24. > Chapter 10. : Article 2. > Sec. 24-10-27.

§ 24-10-27. Witness fees of members of municipal or county police forces, deputy sheriffs, and campus policemen

(a) Notwithstanding any other provision in this article, any member of a municipal or county police force or any deputy sheriff or any campus policeman as defined in Code Section 20-8-1 or a member of a local fire department who shall be required by writ of subpoena to attend any superior court, other courts having jurisdiction to enforce the penal laws of this state, municipal court having jurisdiction to enforce the penal laws of this state as provided by Code Section 40-13-21, juvenile court, or grand jury, or hearing or inquest held or called by a coroner, or magistrate court involving any criminal matter, as a witness on behalf of the state during any hours except the regular duty hours to which the officer is assigned, may be paid for such attendance at a fixed rate to be established by the governing authority, but not less than $20.00 per diem. The claim for the witness fees shall be endorsed on the subpoena showing the dates of attendance and stating that attendance was required during the hours other than the regular duty hours to which the claimant was assigned. The claimant shall verify this statement. The dates of attendance shall be certified by the judge or the prosecuting attorney of the court attended. The chief of police, the sheriff, the director of public safety of a college or university, or the local fire chief shall certify that the claimant has not received any overtime pay for his attendance and that his attendance was required during hours other than regular duty hours. The amount due may be paid by the governing body authorized to dispense public funds for the operation of the court. However, no such officer may claim or receive more than one witness fee per day for attendance in any court or before the grand jury regardless of the number of subpoenas which the officer may have received requiring him to appear in such court or before the grand jury on any one day.

(b)

      (1) Notwithstanding any other provision in this article except paragraph (2) of this subsection, any member of a municipal or county police force or any deputy sheriff or any campus policeman as defined in Code Section 20-8-1 or any arson investigator of the state fire marshal's office or a member of a local fire department who shall be required by writ of subpoena to attend any court of this state with respect to any civil case, as a witness concerning any matter relative to the law enforcement duties of such officer during any hours except the regular duty hours to which the officer is assigned, may be paid for such attendance at a fixed rate to be established by the governing authority, but not less than $20.00 per diem. Any such officer shall also be entitled to the mileage allowance provided in Code Section 24-10-24 when such officer resides outside the county where the testimony is to be given. The claim for the witness fees shall be endorsed on the subpoena showing the dates of attendance and stating that attendance was required during the hours other than the regular duty hours to which the claimant was assigned. The claimant shall verify this statement. The dates of attendance shall be certified by the party obtaining the subpoena. The chief of police, the sheriff, the director of public safety of a college or university, or the local fire chief shall certify that the claimant has not received any overtime pay for his attendance and that his attendance was required during hours other than regular duty hours.

      (2) Any officer covered by paragraph (1) of this subsection who is required by writ of subpoena to attend any court with respect to any civil case, as a witness concerning any matter which is not related to the duties of such officer, shall be compensated as provided in Code Section 24-10-24.

(c) The fee specified by subsections (a) and (b) of this Code section shall not be paid if the officer receives any overtime pay for time spent attending such court pursuant to the writ of subpoena.

(d) For the purposes of this Code section, the term “regular duty hours” means the daily shift of duty to which such officer is assigned and shall not include paid or unpaid vacation, paid or unpaid sick leave, paid or unpaid holiday or any other paid or unpaid leave status established pursuant to the personnel regulations or scheduling practices of the employing agency.