HB483: HB483 Crimes and offenses; protections for inspectors of code enforcement; provide

26 HB 483/AP House Bill 483 (AS PASSED HOUSE AND SENATE) By: Representatives Prince of the 132nd, Leverett of the 123rd, Smith of the 18th, Reeves of the 99th, Roberts of the 52nd, and others A BILL TO BE ENTITLED AN ACT To amend Article 2 of Chapter 5 of Title 16 of the Official Cod e of Georgia Annotated,1 relating to assault and battery, so as to provide for protections for code enforcement officials;2 to provide for a definition; to provide for enhanced penalties for simple assault, aggravated3 assault, simple battery, battery, and aggravated battery committed upon code enforcement4 officials in certain circumstances; to provide for related matters; to provide for an effective5 date and applicability; to repeal conflicting laws; and for other purposes.6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7 SECTION 1.8 Article 2 of Chapter 5 of Title 16 of the Official Code of Geor gia Annotated, relating to9 assault and battery, is amended by revising Code Section 16-5-19, relating to definitions, as10 follows:11 "16-5-19.12 As used in this article, the term:13 "(1) 'Code enforcement official' means any person with a high s chool diploma or14 equivalent who has completed Level 1 code enforcement training under a professional15 program and is employed by or under contract with a municipalit y, city, county, or16 H. B. 483 - 1 - 26 HB 483/AP consolidated government who performs safety inspections of buil dings, structures,17 businesses, or real property to ensure they are operated in accordance with the law.18 (1)(2) 'Correctional officer' means any person who is authorized to exercise the power19 of arrest and who is employed or appointed by the Department of Corrections or the State20 Board of Pardons and Paroles.21 (2)(3) 'Emergency health worker' means hospital emergency department personnel and22 emergency medical services personnel.23 (3)(4) 'Firefighter' shall have the same meaning as set forth in Code Section 25-4-2.24 (3.1)(5) 'Healthcare worker' means any employee or independent contractor of a hospital25 or other healthcare facility licensed pursuant to Chapter 7 of Title 31.26 (4)(6) 'Highway emergency response operator' means an individual a person employed27 by the Department of Transportation who operates a towing or re covery vehicle or28 highway maintenance vehicle.29 (5)(7) 'Jail officer' means any person who is employed or appointed by a county or a30 municipality and who has the responsibility of supervising inmates who are confined in31 a municipal or county detention facility.32 (6)(8) 'Juvenile correctional officer' means any person employed or appointed by the33 Department of Juvenile Justice who has the primary responsibility for the supervision and34 control of youth confined in its programs and facilities.35 (7)(9) 'Officer of the court' means a judge, attorney, clerk of court, deputy clerk of court,36 court reporter, or court interpreter.37 (8)(10) 'Probation officer' means a community supervision officer, county or Department38 of Juvenile Justice juvenile probation officer, or probation of ficer serving pursuant to39 Article 6 of Chapter 8 of Title 42.40 (9)(11) 'Public safety officer' means peace officer, correctional officer, emergency health41 worker, firefighter, highway emergency response operator, jail officer, juvenile42 correctional officer, or probation officer.43 H. B. 483 - 2 - 26 HB 483/AP (10)(12) 'Public transit vehicle' shall have the same meaning as set f orth in Code44 Section 16-5-20.45 (11)(13) 'Strangulation' means impeding the normal breathing or circulation of blood of46 another person by applying pressure to the throat or neck of such person or by obstructing47 the nose and mouth of such person.48 (12)(14) 'Utility worker' means any employee of, including any person employed by or49 under contract with, an organization, entity, or company, whether a state created authority50 or privately, municipally, county, or cooperatively owned, that provides gas, heat,51 electricity, water, telecommunications services, sewer services, cable or video services,52 internet services, or railroad services."53 SECTION 2.54 Said article is further amended by revising subsection (i) of Code Section 16-5-20, relating55 to simple assault, as follows:56 "(i) Any person who commits the offense of simple assault upon a utility worker or code57 enforcement official while such worker or official is acting within the course and scope of58 his or her employment or is performing official duties at the time of the offense shall, upon59 conviction thereof, be punished for a misdemeanor of a high and aggravated nature."60 SECTION 3.61 Said article is further amended by revising subsection (m) of Code Section 16-5-21, relating62 to aggravated assault, as follows:63 "(m) Any person who commits the offense of aggravated assault upon a utility worker or64 code enforcement official while such worker or official is acting within the course and65 scope of his or her employment or is performing official duties shall, upon conviction66 thereof, be punished by imprisonment for not less than three nor more than 20 years."67 H. B. 483 - 3 - 26 HB 483/AP SECTION 4.68 Said article is further amended by revising subsection (j) of Code Section 16-5-23, relating69 to simple battery, as follows:70 "(j) Any person who commits the offense of simple battery upon a utility worker or code71 enforcement official while such worker or official is acting within the course and scope of72 his or her employment or is performing official duties at the time of the offense shall, upon73 conviction thereof, be punished for a misdemeanor of a high and aggravated nature."74 SECTION 5.75 Said article is further amended by revising subsection (l) of Code Section 16-5-23.1, relating76 to battery, as follows:77 "(l) Any person who commits the offense of battery upon a utili ty worker or code78 enforcement official while such worker or official is acting within the course and scope of79 his or her employment or is performing official duties at the time of the offense shall, upon80 conviction thereof, be punished for a misdemeanor of a high and aggravated nature."81 SECTION 6.82 Said article is further amended by revising subsection (i) of Code Section 16-5-24, relating83 to aggravated battery, as follows:84 "(i) Any person who commits the offense of aggravated battery u pon a utility worker or85 code enforcement official while such worker or official is acting within the course and86 scope of his or her employment or is performing official duties at the time of the offense87 shall, upon conviction thereof, be punished by imprisonment for not less than three nor88 more than 20 years."89 H. B. 483 - 4 - 26 HB 483/AP SECTION 7.90 This Act shall become effective upon its approval by the Governor or upon its becoming law91 without such approval and shall apply to all offenses committed on or after July 1, 2026.92 SECTION 8.93 All laws and parts of laws in conflict with this Act are repealed.94 H. B. 483 - 5 -