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

25 LC 56 0253 Senate Bill 32 By: Senators Williams of the 25th, Robertson of the 29th, Albers of the 56th, Bearden of the 30th, Dolezal of the 27th and others A BILL TO BE ENTITLED AN ACT To amend Article 2 of Chapter 10 of Title 16 of the Official Co de of Georgia Annotated,1 relating to obstruction of public administration and related of fenses, so as to provide for a2 mandatory minimum sentence for those convicted of doing violenc e in the obstruction or3 hindering of law enforcement officers; to provide for related m atters; to repeal conflicting4 laws; and for other purposes.5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6 SECTION 1.7 Article 2 of Chapter 10 of Title 16 of the Official Code of Geo rgia Annotated, relating to8 obstruction of public administration and related offenses, is a mended by revising Code9 Section 16-10-24, relating to obstructing or hindering law enforcement officers, as follows:10 "16-10-24.11 (a) Except as otherwise provided in subsection (b) of this Cod e section, a person who12 knowingly and willfully obstructs or hinders any law enforcemen t officer, prison guard,13 jailer, correctional officer, community supervision officer, co unty or Department of14 Juvenile Justice juvenile probation officer, probation officer serving pursuant to Article 615 S. B. 32 - 1 - 25 LC 56 0253 of Chapter 8 of Title 42, or game warden in the lawful discharge of his or her official duties16 shall be guilty of a misdemeanor.17 (b)(1) Whoever knowingly and willfully resists, obstructs, or oppose s any law18 enforcement officer, prison guard, jailer, correctional officer , community supervision19 officer, county or Department of Juvenile Justice juvenile prob ation officer, probation20 officer serving pursuant to Article 6 of Chapter 8 of Title 42, or game warden in the21 lawful discharge of his or her official duties by offering or doing violence to the person22 of such officer or legally authorized person shall be guilty of a felony and shall, upon a23 first conviction thereof, be punished by imprisonment for not less than one year nor more24 than five years. Upon a second conviction for a violation of this subsection, such person25 shall be punished by imprisonment for not less than two years nor more than ten years. 26 Upon a third or subsequent conviction for a violation of this subsection, such person shall27 be punished by imprisonment for not less than three years nor more than 15 years.28 (2) Whoever knowingly and willfully resists, obstructs, or opposes any law enforcement29 officer, prison guard, jailer, correctional officer, community supervision officer, county30 or Department of Juvenile Justice juvenile probation officer, p robation officer serving31 pursuant to Article 6 of Chapter 8 of Title 42, or game warden in the lawful discharge of32 his or her official duties by doing violence to the person of s uch officer or legally33 authorized person shall be guilty of a felony and shall, upon c onviction thereof, be34 punished by imprisonment for not less than ten years nor more than 20 years.35 (c) Whoever knowingly and willfully resists, obstructs, or opposes any law enforcement36 officer, prison guard, jailer, correctional officer, community supervision officer, county or37 Department of Juvenile Justice juvenile probation officer, prob ation officer serving38 pursuant to Article 6 of Chapter 8 of Title 42, or game warden in the lawful discharge of39 his or her official duties by knowingly and willfully throwing, projecting, or expelling40 human or animal blood, urine, feces, vomitus, or seminal fluid on or at such individual41 S. B. 32 - 2 - 25 LC 56 0253 shall be guilty of a felony and shall, upon conviction thereof, be punished by imprisonment42 for not less than one year nor more than five years.43 (d) A person convicted under this Code section shall be punished, in addition to any term44 of imprisonment imposed, by a fine as provided by law which sha ll be at least $300.00. 45 With respect to $300.00 of the fine imposed, after distributing the surcharges and46 deductions required by Chapter 21 of Title 15, Code Sections 36 -15-9 and 42-8-34, and47 Title 47, it shall be earmarked for the Georgia State Indemnification Fund for purposes of48 payment of indemnification for death or disability as provided for in Part 1 of Article 5 of49 Chapter 9 of Title 45."50 SECTION 2.51 All laws and parts of laws in conflict with this Act are repealed.52 S. B. 32 - 3 -