SB32: SB32 Obstruction of Public Administration; convicted of doing violence in the obstruction or hindering of law enforcement officers; provide for a mandatory minimum sentence

Georgia law already makes it a crime to resist, obstruct, or oppose a law enforcement officer, prison guard, probation officer, or game warden by offering or doing violence to that person, with prison terms that increase for repeat offenders. This bill rewrites that law (O.C.G.A. § 16-10-24) to separate 'offering' violence from actually 'doing' violence to an officer. Under the bill, offering violence (such as threatening or attempting it) keeps the existing tiered penalties of 1 to 5 years for a first offense, 2 to 10 years for a second, and 3 to 15 years for a third or later offense. But a new provision makes actually doing violence to an officer a felony punished by 10 to 20 years in prison, no matter whether it is a first offense. The existing $300 minimum fine, part of which funds the Georgia State Indemnification Fund for officers killed or disabled on duty, stays in place. The bill repeals conflicting laws and does not state a separate effective date.

• Splits the existing obstruction law (O.C.G.A. § 16-10-24) into separate provisions for offering violence versus actually doing violence to an officer.
• Creates a new mandatory sentencing range of 10 to 20 years in prison for anyone convicted of doing actual violence to a covered officer, applying even to a first offense.
• Keeps the prior tiered penalties (1-5 years, 2-10 years, 3-15 years for first, second, and third offenses) for cases involving offering or opposing with violence.
• Leaves in place the existing rule requiring a fine of at least $300, part of which funds the Georgia State Indemnification Fund for officer death or disability benefits.
• Repeals any state laws that conflict with the new provisions.

People charged with resisting or obstructing law enforcement officers, prison guards, jailers, correctional officers, community supervision officers, juvenile probation officers, or game wardens; and by extension, prosecutors, judges, and defense attorneys handling these cases in Georgia's courts.

Someone convicted of actually committing violence against an officer while resisting would face a mandatory minimum of 10 years in prison, even on a first offense, a substantial increase from the current 1 to 5 year range for such conduct, changing sentencing outcomes and plea negotiations in these cases.

• Section 1 amends O.C.G.A. § 16-10-24(b) by dividing it into two parts: (b)(1) for offering or doing violence with tiered penalties by prior conviction count, and (b)(2) for actually doing violence.
• New subsection (b)(2) sets a mandatory minimum of 10 years and a maximum of 20 years for anyone who does violence to a covered officer, regardless of prior convictions.
• Subsection (c), covering throwing bodily fluids at an officer, remains a felony punished by 1 to 5 years, unchanged.
• Subsection (d) keeps the mandatory minimum fine of $300, with part of it earmarked for the Georgia State Indemnification Fund.
• Section 2 repeals any conflicting state laws.

1. 2025-01-28Senate Read and Referred (Senate)
2. 2025-01-27Senate Hopper (Senate)

• Ricky Williams (R, SD-025)Primary sponsor
• Randy Robertson (R, SD-029)
• John Albers (R, SD-056)
• Timothy Bearden (R, SD-030)
• Greg Dolezal (R, SD-027)
• Steve Gooch (R, SD-051)
• Billy Hickman (R, SD-004)
• Chuck Payne (R, SD-054)
• Kay Kirkpatrick (R, SD-032)
• Matt Brass (R, SD-006)
• Mike Hodges (R, SD-003)
• Max Burns (R, SD-023)
• Marty Harbin (R, SD-016)
• Frank Ginn (R, SD-047)
• Shawn Still (R, SD-048)
• Clint Dixon (R, SD-045)
• Bill Cowsert (R, SD-046)

• obstruction of law enforcement
• mandatory minimum sentencing
• criminal penalties
• police officer safety
• Georgia criminal code