HB792: HB792 Courts; increase amount of magistrate court claims from $15,000.00 to $30,000.00

26 LC 49 2869S The Senate Committee on Government Oversight offered the following substitute to HB 792: A BILL TO BE ENTITLED AN ACT To amend Part 4 of Article 6 of Chapter 9 of Title 16 of the Of ficial Code of Georgia1 Annotated, relating to internet and e-mail fraud, so as to establish criminal offenses of certain2 forms of digital fraud on social media platforms; to provide for criminal penalties; to require3 social media platform operators to evaluate claims of such frau d; to provide for civil4 penalties; to provide for enforcement; to provide for a cause o f action and damages; to5 provide for definitions; to provide for related matters; to pro vide for an effective date and6 applicability; to repeal conflicting laws; and for other purposes.7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8 SECTION 1.9 Part 4 of Article 6 of Chapter 9 of Title 16 of the Official Co de of Georgia Annotated,10 relating to internet and e-mail fraud, is amended by adding a n ew Code section to read as11 follows:12 "16-9-109.2.13 (a) As used in this Code section, the term:14 (1) 'Operator' means any person or entity that runs or operates a social media platform.15 - 1 - 26 LC 49 2869S (2) 'Social media platform' means an internet website, service , application, or product16 that:17 (A) Is open to the public;18 (B) Allows or enables users to create accounts or communicate or interact with other19 users; and20 (C) Permits users to create or post content or information, including, but not limited21 to, images, videos, video games, or such other content that is viewable or able to be22 engaged with by other users.23 (b) A person commits the offense of digital identity fraud whe n, using a social media24 platform, such person knowingly and without authorization:25 (1) Uses the identity of an individual who is a resident of th is state without such26 individual's consent, including such individual's name, image, identifying information,27 or social media platform profile information to mimic such individual, with the intent to28 deceive others, cause harm, or commit fraud; or29 (2) Creates a social media platform profile that mimics an individual who is a resident30 of this state without such individual's consent, through use of such individual's name,31 image, identifying information, or social media platform profil e information, with the32 intent to use such social media platform profile, or to make it available for use by others,33 to deceive others, cause harm, or commit fraud.34 (c) A person commits the offense of criminal digital design wh en, using a social media35 platform, such person knowingly and willfully creates interactive content that encourages,36 causes, abets, connives, solicits, engages, or aids another in committing any felony which37 encompasses force or violence as an element of the offense whic h would constitute a38 felony which encompasses force or violence as an element of the offense.39 (d) A person who commits an offense provided in subsection (b) or (c) of this Code section40 shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment41 - 2 - 26 LC 49 2869S for not less than one year nor more than 20 years, a fine of no t less than $1,000.00 nor42 more than $500,000.00, or both.43 (e)(1) Except as provided in subsection (f) of this Code section, an operator that receives44 notice that an alleged violation of subsection (b) or (c) of this Code section has occurred45 on the social media platform of the operator shall make a good faith effort to complete46 an evaluation of the legality of the content or activity at issue within 72 hours of receiving47 the notice, excluding hours during a Saturday or Sunday and sub ject to reasonable48 exceptions based on concerns about the legitimacy of the notice.49 (2) A violation of any provision of paragraph (1) of this subsection shall be punishable50 by a civil fine in an amount not to exceed $5,000.00 for each v iolation, per day. A51 prosecuting attorney or the Attorney General shall be authorize d to prosecute the civil52 case.53 (f)(1) Within 72 hours of receiving a police incident report o r other official54 communication from a law enforcement officer or agency in this state that is submitted55 through a platform's designated mechanism for processing law enforcement requests and56 that includes an allegation that content on an operator's social media platform involves57 an alleged violation of subsection (b) or (c) of this Code sect ion, such operator shall58 promptly restrict from public access all such content or activity. Any failure or refusal by59 an operator to restrict public access to all such content within 72 hours, excluding hours60 on a Saturday or Sunday, shall constitute a violation of this paragraph.61 (2) Police incident reports and other official communications from a law enforcement62 officer or agency in this state provided for in this subsection shall be submitted through63 a designated mechanism for processing law enforcement requests on the operator's social64 media platform and shall include:65 (A) Identification of the law enforcement officer or agency in this state submitting such66 report or other official communication; and67 - 3 - 26 LC 49 2869S (B) Clear identification of the victim or account holder, and the profile alleged to have68 been the subject of digital identity fraud.69 (3) A violation of any provision of paragraph (1) of this subsection shall be punishable70 by a civil fine in an amount not to exceed $50,000.00 for each violation, per day. A71 prosecuting attorney or the Attorney General shall be authorize d to prosecute the civil72 case.73 (g) Any violation of subsection (b) or (c) of this Code sectio n shall constitute a tort and74 shall create a right of action in any person aggrieved by such violation, including, but not75 limited to, any person whose identity was used or mimicked, for which damages may be76 recovered. Special damages may be inferred by the violation. The remedies provided in this77 Code section are in addition to any other procedures or remedies available at law or equity.78 Reasonable attorney's fees shall be awarded to the plaintiff where the plaintiff has prevailed79 in the underlying action.80 (h) It is the intent of the General Assembly that this Code section shall not be construed81 or applied to:82 (1) Diminish or infringe upon any right of petition or free speech under the Constitution83 of the United States or the Constitution of the State of Georgia; or84 (2) Prosecute or impose liability upon any operator on the basis that such operator is the85 publisher or speaker of content that is alleged to constitute digital identity fraud, digital86 marketing fraud, criminal digital design or in any manner that is inconsistent with Section87 230 of Chapter 5 of Title 47 of the United States Code."88 SECTION 2.89 This Act shall become effective on July 1, 2026, and shall apply to causes of action accruing90 on or after such date.91 - 4 - 26 LC 49 2869S SECTION 3.92 All laws and parts of laws in conflict with this Act are repealed.93 - 5 -