House Bill 1512
By: Representative Martinez of the 111th
A BILL TO BE ENTITLED
AN ACT
To amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and
offenses, so as to provide for enhanced penalties when certain offenses are committed against
public safety officers or code enforcement officers; to provide for the offense of obstruction
if an individual throws an object at certain persons or at a vehicle occupied by such persons;
to provide for a definition; to provide for related matters; to repeal conflicting laws; and for
other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is
amended by revising Code Section 16-5-19, relating to definitions regarding assault and
battery, as follows:
"16-5-19.
As used in this article, the term:
(1) <ins>'Code enforcement officer' means any person contracted with or employed by a
county or municipality who has enforcement authority for health, safety, or welfare
</ins>
<ins>requirements and is authorized to issue citations or file formal complaints regarding the
same.
(2)</ins> 'Correctional officer' means any person who is authorized to exercise the power of
arrest and who is employed or appointed by the Department of Corrections or the State
Board of Pardons and Paroles.
<del>(2)(3)</del> 'Emergency health worker' means hospital emergency department personnel and
emergency medical services personnel.
<del>(3)(4)</del> 'Firefighter' shall have the same meaning as set forth in Code Section 25-4-2.
<del>(3.1)(5)</del> 'Healthcare worker' means any employee or independent contractor of a hospital
or other healthcare facility licensed pursuant to Chapter 7 of Title 31.
<del>(4)(6)</del> 'Highway emergency response operator' means an individual employed by the
Department of Transportation who operates a towing or recovery vehicle or highway
maintenance vehicle.
<del>(5)(7)</del> 'Jail officer' means any person who is employed or appointed by a county or a
municipality and who has the responsibility of supervising inmates who are confined in
a municipal or county detention facility.
<ins>(6)(8)</ins> 'Juvenile correctional officer' means any person employed or appointed by the
Department of Juvenile Justice who has the primary responsibility for the supervision and
control of youth confined in its programs and facilities.
<del>(7)(9)</del> 'Officer of the court' means a judge, attorney, clerk of court, deputy clerk of court,
court reporter, or court interpreter.
<ins>(8)(10)</ins> 'Probation officer' means a community supervision officer, county or Department
of Juvenile Justice juvenile probation officer, or probation officer serving pursuant to
Article 6 of Chapter 8 of Title 42.
<ins>(9)(11)</ins> 'Public safety officer' means peace officer, correctional officer, emergency health
worker, firefighter, highway emergency response operator, jail officer, juvenile
correctional officer, or probation officer.
<del>(10)(12)</del> 'Public transit vehicle' shall have the same meaning as set forth in Code Section
16-5-20.
<del>(11)(13)</del> 'Strangulation' means impeding the normal breathing or circulation of blood of
another person by applying pressure to the throat or neck of such person or by obstructing
the nose and mouth of such person.
<del>(12)(14)</del> 'Utility worker' means any employee of, including any person employed by or
under contract with, an organization, entity, or company, whether a state created authority
or privately, municipally, county, or cooperatively owned, that provides gas, heat,
electricity, water, telecommunications services, sewer services, cable or video services,
internet services, or railroad services."
SECTION 2.
Said title is further amended by revising subsection (e) of Code Section 16-5-20, relating to
simple assault, as follows:
"(e) <ins>Any person who commits the offense of simple assault against a public safety officer
or a code enforcement officer shall, upon conviction thereof, be punished for a
misdemeanor of a high and aggravated nature</ins> Reserved."
SECTION 3.
Said title is further amended by revising paragraph (1) of subsection (c) of Code Section
16-5-21, relating to aggravated assault, as follows:
"(c)(1) A person who knowingly commits the offense of aggravated assault upon a public
safety officer <ins>or a code enforcement officer</ins> while he or she is engaged in, or on account
of the performance of, his or her official duties shall, upon conviction thereof, be
punished as follows:"
SECTION 4.
Said title is further amended by revising subsection (e) of Code Section 16-5-23, relating to
simple battery, as follows:
"(e) Any person who commits the offense of simple battery against a <del>police officer,
correction officer, or detention</del> <ins>public safety</ins> officer <ins>or a code enforcement officer</ins> engaged
in carrying out official duties shall, upon conviction thereof, be punished for a
misdemeanor of a high and aggravated nature."
SECTION 5.
Said title is further amended by revising subsection (j) of Code Section 16-5-23.1, relating
to battery, as follows:
"(j) <ins>Any person who commits the offense of battery against a public safety officer or a
code enforcement officer shall, upon conviction thereof, be punished for a misdemeanor
of a high and aggravated nature</ins> <del>Reserved."
</del> SECTION 6.
Said title is further amended by revising paragraph (1) of subsection (c) of Code Section
16-5-24, relating to aggravated battery, as follows:
"(c)(1) A person who knowingly commits the offense of aggravated battery upon a public
safety officer <ins>or a code enforcement officer</ins> while <del>the public safety</del> <ins>such</ins> officer is
engaged in, or on account of the performance of, his or her official duties shall, upon
conviction thereof, be punished by imprisonment for not less than ten nor more than 20
years; provided, however, that for persons who are at least 17 years of age, a mandatory
minimum term of imprisonment of three years shall be imposed and no portion of the
mandatory minimum sentence shall be suspended, stayed, probated, deferred, or
otherwise withheld by the sentencing court; provided, however, that in the court's
discretion, the court may depart from such mandatory minimum sentence when the
prosecuting attorney and defendant have agreed to a sentence that is below such
mandatory minimum."
SECTION 7.
Said title is further amended by revising Code Section 16-10-24, relating to obstructing or
hindering law enforcement officers, as follows:
"16-10-24.
(a) Except as otherwise provided in subsection (b) of this Code section, a person who
knowingly and willfully obstructs or hinders any law enforcement officer, prison guard,
jailer, <ins>code enforcement officer,</ins> correctional officer, community supervision officer,
county or Department of Juvenile Justice juvenile probation officer, probation officer
serving pursuant to Article 6 of Chapter 8 of Title 42, or game warden in the lawful
discharge of his or her official duties shall be guilty of a misdemeanor.
(b) Whoever knowingly and willfully resists, obstructs, or opposes any law enforcement
officer, prison guard, jailer, <ins>code enforcement officer,</ins> correctional officer, community
supervision officer, county or Department of Juvenile Justice juvenile probation officer,
probation officer serving pursuant to Article 6 of Chapter 8 of Title 42, or game warden in
the lawful discharge of his or her official duties by offering or doing violence to the person
of such officer or legally authorized person shall be guilty of a felony. <ins>Such offense shall
include the throwing of any object at the person of any such officer, prison guard, or jailer
and the throwing of any object at a vehicle occupied by any such officer, prison guard, or
jailer.</ins> <del>and shall, upon</del> <ins>Upon</ins> a first conviction <del>thereof</del> <ins>for a violation of this subsection,
such person shall</ins> be punished by imprisonment for not less than one year nor more than
five years. Upon a second conviction for a violation of this subsection, such person shall
be punished by imprisonment for not less than two years nor more than ten years. Upon
a third or subsequent conviction for a violation of this subsection, such person shall be
punished by imprisonment for not less than three years nor more than 15 years.
(c) Whoever knowingly and willfully resists, obstructs, or opposes any law enforcement
officer, prison guard, jailer, <ins>code enforcement officer,</ins> correctional officer, community
supervision officer, county or Department of Juvenile Justice juvenile probation officer,
probation officer serving pursuant to Article 6 of Chapter 8 of Title 42, or game warden in
the lawful discharge of his or her official duties by knowingly and willfully throwing,
projecting, or expelling human or animal blood, urine, feces, vomitus, or seminal fluid on
or at such individual shall be guilty of a felony and shall, upon conviction thereof, be
punished by imprisonment for not less than one year nor more than five years.
(d) A person convicted under this Code section shall be punished, in addition to any term
of imprisonment imposed, by a fine as provided by law which shall be at least $300.00.
With respect to $300.00 of the fine imposed, after distributing the surcharges and
deductions required by Chapter 21 of Title 15, Code Sections 36-15-9 and 42-8-34, and
Title 47, it shall be earmarked for the Georgia State Indemnification Fund for purposes of
payment of indemnification for death or disability as provided for in Part 1 of Article 5 of
Chapter 9 of Title 45."
SECTION 8.
Said title is further amended by revising subsection (c) of Code Section 16-10-24.1, relating
to obstructing or hindering firefighters, as follows:
"(c) Whoever knowingly and willfully resists, obstructs, or opposes any firefighter in the
lawful discharge of the firefighter's official duties by offering or doing violence to the
person of such firefighter is guilty of a felony and shall, upon conviction thereof, be
punished by imprisonment for not less than one nor more than five years. <ins>Such offense
shall include the throwing of any object at the person of such firefighter and the throwing
of any object at a vehicle occupied by such firefighter."
</ins>
SECTION 9.
Said title is further amended by revising subsection (c) of Code Section 16-10-24.2, relating
to obstructing or hindering emergency medical technicians or emergency medical
professionals and criminal penalty, as follows:
"(c) Whoever knowingly and willfully resists or obstructs any emergency medical
technician, any emergency medical professional, or any properly identified person working
under the direction of an emergency medical professional in the lawful discharge of the
official duties of the emergency medical technician, emergency medical professional, or
properly identified person working under the direction of an emergency medical
professional by threatening or doing violence to the person of such emergency medical
technician, emergency medical professional, or properly identified person working under
the direction of an emergency medical professional is guilty of a felony and shall, upon
conviction thereof, be punished by imprisonment for not less than one nor more than five
years. <ins>Such offense shall include the throwing of any object at the person of such
technician, professional, or properly identified person working under such technician or
professional and the throwing of any object at a vehicle occupied by such technician,
professional, or properly identified person working under such technician or professional."
</ins> SECTION 10.
All laws and parts of laws in conflict with this Act are repealed.