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45-16-1 G
*** CODE SECTION *** 12/03/01
45-16-1.
(a) Coroners are elected, commissioned, and removed as are clerks of
the superior courts; and coroners shall hold their offices for four
years.
(b)(1) No person shall be eligible to offer for election to or to
hold the office of coroner unless he or she:
(A) Is a citizen of the United States;
(B) Is a resident of the county in which he or she seeks the
office of coroner for at least two years prior to his or her
qualifying for the election to the office and remains a resident
of such county during his or her term of office;
(C) Is a registered voter;
(D) Has attained the age of 25 years prior to the date of the
general primary in the year he or she qualifies for election to
the office;
(E) Has obtained a high school diploma or its recognized
equivalent. This subparagraph shall not apply to any person
serving as a coroner on July 1, 1980;
(F) Has not been convicted of a felony offense or any offense
involving moral turpitude contrary to the laws of this state,
any other state, or the United States; and
(G) Has successfully completed the next scheduled class no
longer than 180 days after such person's election or appointment
a basic training course provided by the Georgia Police Academy,
but the affidavit required by paragraph (2) of this subsection
shall not be required to affirm that the requirements of this
subparagraph have been met at the time of qualifying for the
office of coroner.
(2) Each person offering his or her candidacy for the office of
coroner shall file an affidavit with the officer before whom such
person has qualified to seek the office of coroner prior to or at
the time for qualifying, which affidavit shall affirm that he or
she meets all of the qualifications required pursuant to paragraph
(1) of this subsection.
(c) Notwithstanding any other provision of law, any person holding
office as the mayor of a municipality with a population of 5,000 or
less according to the United States decennial census of 1980 or any
future such census is specifically authorized to serve
simultaneously as coroner; and any person holding the office of
coroner is specifically authorized to serve simultaneously as mayor
of a municipality with a population of 5,000 or less according to
the United States decennial census of 1980 or any future such
census.
45-16-2 G
*** CODE SECTION *** 12/03/01
45-16-2.
(a) Whenever an election fails to fill the office of coroner, the
judge of the probate court shall appoint a person to serve as the
coroner until a successor is duly elected in a special election
which shall be held at the time of the next general election to
serve out the remainder of the unexpired term of office.
(b) In the event a vacancy occurs in the office of coroner, the
judge of the probate court shall appoint a person to serve out the
unexpired term of office and until his successor shall be duly
elected and qualified.
(c) No appointment or election under subsection (a) or (b) of this
Code section shall be of any effect until proper bond and security
is given and the oath of office is taken.
45-16-3 G
*** CODE SECTION *** 12/03/01
45-16-3.
Before beginning the duties of the office of coroner, a coroner
shall take the oath required of all civil officers and shall take
the following oath:
"I swear that I will well and truly serve the State of Georgia in
said office and faithfully and truly execute all writs and
precepts to me directed or which I may lawfully execute, when
placed in my charge, and return the same according to the best of
my knowledge, skill, and judgment; that I will in no case
knowingly use or exercise my office illegally, corruptly, or
unjustly and that I will not, under any pretense, take, accept, or
enjoy any fee or reward pertaining to my office other than such as
are allowed by law; but that I will, in all things touching the
duties of my office, demean myself honestly, fairly, and
impartially according to the best of my ability, so help me God."
45-16-4 G
*** CODE SECTION *** 12/03/01
45-16-4.
A coroner shall give bond and surety in the sum of $12,500.00 at the
same time as he takes the oath provided for in Code Section 45-16-3.
He is liable for retaining moneys collected or for otherwise failing
to do his duty as sheriffs are and is subject to the same
proceedings.
45-16-5 G
*** CODE SECTION *** 12/03/01
45-16-5.
When a coroner is required to act in the place of a sheriff,
generally or specially, the judge of the probate court may require
of him an additional bond in such sum and with such sureties as the
judge, in his discretion, may think sufficient to meet the
contingency.
45-16-6 G
*** CODE SECTION *** 12/03/01
45-16-6.
During every calendar year they are in office, every coroner and
deputy coroner shall be required, as a condition of continuing to
serve as coroner, to take a training course approved by the Georgia
Coroner's Training Council pursuant to Code Section 45-16-66. Any
coroner or deputy coroner taking the approved training course
provided by the Georgia Police Academy shall receive the same
expense allowance per day as that received by a member of the
General Assembly, plus reimbursement of actual transportation costs
while traveling by public carrier or the legal mileage rate for the
use of a personal automobile and registration fees for such training
course. Such expense allowance and reimbursements shall be paid by
the county governing authority from county funds. In the event,
however, that a coroner or deputy is prevented in any calendar year
from taking such training by sickness or other providential cause,
the requirement of training for that year may be waived by the
Georgia Coroner's Training Council.
45-16-7 G
*** CODE SECTION *** 12/03/01
45-16-7.
(a) As soon as practicable after July 1, 1980, and at the beginning
of each term of the coroner thereafter, the coroner of each county
shall appoint a deputy coroner or coroners as provided in this Code
section. A deputy coroner shall be appointed for each county, and
one or more additional deputy coroners may be appointed for any
county, in the discretion of the coroner. Each deputy coroner shall
serve at the pleasure of the coroner and may be replaced by the
coroner at any time. Each deputy coroner shall take the same oath,
give the same bond, be entitled to the same fees, and have the same
powers as the coroner; but a deputy coroner shall act as coroner
only when the coroner is himself unable to act.
(b) No person shall be eligible to hold the office of deputy coroner
unless he or she holds a high school diploma or its recognized
equivalent. Any deputy coroner who is in office on July 1, 1980,
however, shall without limitation be eligible to serve as deputy
coroner at any time after said date without regard to whether he or
she meets the requirements of this subsection.
(c) Notwithstanding any law to the contrary, there shall be
appointed only one deputy coroner, and, on and after July 1, 1999,
there shall only be one deputy coroner in each such county unless
otherwise approved by the local governing authority of the county.
45-16-8 G
*** CODE SECTION *** 12/03/01
45-16-8.
If any person makes an affidavit stating (1) that a sheriff is
disqualified from acting in any proceeding, which disqualification
was not apparent at the outset of the proceeding, or (2) that a
sheriff or his deputy refuses to serve a writ or other process, then
the clerk of the court from which the process issues shall place the
process in the hands of the coroner for execution. The clerk may
compel the sheriff to return the writ or other process to the
clerk's office in order to allow for execution by the coroner.
45-16-9 G
*** CODE SECTION *** 12/03/01
45-16-9.
(a) When performing the duties of a sheriff, the coroner's fees are
the same as a sheriff's.
(b) This Code section shall not be construed to repeal or preempt
any local Act or general Act of local application which places any
coroner upon an annual salary or authorizes any coroner to receive
fees in excess of those specified in this Code section.
45-16-10 G
*** CODE SECTION *** 12/03/01
45-16-10.
Records, papers, or reports concerning the death of a person on file
at any hospital, nursing home, or other medical facility in this
state shall be available to a coroner of another state if such
person was injured in, a resident of, or buried in the county of
such coroner in such other state or if such records, papers, or
reports are the subject of a subpoena issued by the coroner of
another state. The release of such records to the coroner of
another state shall not be prohibited by Article 4 of Chapter 18 of
Title 50.
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