LOST
Senator Jackson of the 41st offered the following amendment #2:
Amend the Senate Committee on Judiciary substitute to HB 268 (LC 49 2396S) by replacing
lines 1360 through 1362 with the following:
Said chapter is further amended by revising subsection (a) and paragraph (2) of subsection
(b) and by adding a new subsection to Code Section 20-2-1181, relating to disrupting
operation of public school, school bus, or school bus stop, penalty, and progressive
discipline, to read as follows:
By deleting the quotation mark at the end of line 1383 and inserting between lines 1383 and
1384 the following:
<ins>(c) Nothing in the Code section shall be construed to apply to speech protected by Georgia
Constitution or the First Amendment to the United States Constitution."
</ins> By inserting between lines 1412 and 1413 the following:
<ins>(b.1) In determining whether a statement constitutes a terroristic threat under
subsection (b) of this Code section, the trier of fact shall consider:
(1) The full context and circumstances surrounding the statement;
(2) The person's capacity to form intent and understand their statement's consequences,
considering their age, education, and cognitive development;
(3) Any language barrier, intellectual disability, developmental disability, cognitive
impairment, mental health condition, or neurological difference that may affect
comprehension or communication; and
(4) Whether a reasonable person, fully aware of the individual's limitations and
circumstances, would perceive the statement as a genuine threat.
</ins>
By deleting the quotation mark at the end of line 1446 and inserting between lines 1446 and
1447 the following:
<ins>(e) No person shall be convicted under this Code section if he or she lacked specific intent
to terrorize due to limited English proficiency, intellectual disability, developmental
disability, cognitive impairment, mental health condition, or neurological difference that
prevented them from understanding their statement's threatening nature. The prosecution
bears the burden of proving beyond a reasonable doubt both the specific intent to terrorize
and the capacity to comprehend the threatening nature of the statement."
</ins>