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 Code of Georgia Annotated,
relating to obstruction of public administration and related offenses, so as to provide for a
mandatory minimum sentence for those convicted of doing violence in the obstruction or
hindering of law enforcement officers; to provide for related matters; to repeal conflicting
laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 2 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to
obstruction of public administration and related offenses, is 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, 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)(1) Whoever knowingly and willfully resists, obstructs, or opposes any law
enforcement officer, prison guard, jailer, 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 <del>or doing</del> violence to the person
of such officer or legally authorized person shall be guilty of a felony and shall, upon a
first conviction thereof, 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.
<ins>(2) Whoever knowingly and willfully resists, obstructs, or opposes any law enforcement
officer, prison guard, jailer, 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 doing violence to the person of such officer or legally
authorized person shall be guilty of a felony and shall, upon conviction thereof, be
punished by imprisonment for not less than ten years nor more than 20 years.
</ins> (c) Whoever knowingly and willfully resists, obstructs, or opposes any law enforcement
officer, prison guard, jailer, 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 2.
All laws and parts of laws in conflict with this Act are repealed.