SB470: SB470 "Emergency & Public Safety Signal Protection Act"; enact

26 LC 64 0103S Senate Bill 470 By: Senators Albers of the 56th, Robertson of the 29th, Bearden of the 30th, Kirkpatrick of the 32nd, Payne of the 54th and others AS PASSED A BILL TO BE ENTITLED AN ACT To amend Article 2 of Chapter 11 of Title 16 of the Official Co de of Georgia Annotated,1 relating to offenses against public order, so as to prohibit th e possession, use, operation,2 manufacture, sale, offer for sale, distribution, or import of s ignal jammers; to establish3 criminal offenses; to provide for penalties; to require that ce rtain penalties shall not be4 suspended, stayed, deferred, or withheld by the sentencing cour t; to provide for the5 designation of signal jammers and other property as contraband; to provide for the forfeiture6 of property used directly or indirectly, or intended for use in any manner, to facilitate a7 violation of the criminal offenses established in this Act; to specifically authorize the8 Attorney General to commence forfeiture proceedings; to provide for exemptions; to provide9 for definitions; to provide a short title; to provide an effect ive date; to provide for related10 matters; to repeal conflicting laws; and for other purposes.11 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:12 SECTION 1.13 This Act shall be known and may be cited as the "Emergency & Pu blic Safety Signal14 Protection Act."15 S. B. 470 - 1 - 26 LC 64 0103S SECTION 2.16 Article 2 of Chapter 11 of Title 16 of the Official Code of Geo rgia Annotated, relating to17 offenses against public order, is amended by adding a new Code section to read as follows:18 "16-11-46.19 (a) As used in this Code section, the term:20 (1) 'Communication signal' means a signal used in a communications system to transfer21 information from a transmitter to a receiver. Communication signals include, but are not22 limited to, analog signals and digital signals.23 (2) 'Critical infrastructure' means publicly or privately owned facilities, systems,24 functions, or assets, whether physical or virtual, providing or distributing services for the25 benefit of the public, including, but not limited to, energy, f uel, water, agriculture,26 healthcare, finance, communications, education, or any other vital public service.27 (3) 'Property' shall have the same meaning as set forth in Code Section 9-16-2.28 (4) 'Public agency' means the state and any city, county, city and county, municipal29 corporation, chartered organization, public district, or public authority located in whole30 or in part within this state which provides or has authority to provide fire-fighting, law31 enforcement, ambulance, medical, correctional, or other emergency services.32 (5) 'Public safety agency' means a functional division of a public agency which provides33 fire-fighting, law enforcement, emergency medical, suicide prev ention, emergency34 management dispatching, poison control, drug prevention, child abuse, spouse abuse,35 correctional, or other emergency services.36 (6) 'Public safety answering point' means the designated communication center or centers37 of a public safety agency for dispatching appropriate emergency personnel, agencies,38 correctional personnel, or law enforcement officers, including, but not limited to, 9-1-139 call centers.40 S. B. 470 - 2 - 26 LC 64 0103S (7) 'Public transportation system' means all facilities, conveyances, and instrumentalities,41 whether publicly or privately owned, that are used in or for pu blicly available services42 for the transportation of individuals or cargo.43 (8) 'Signal jammer' means any device, instrument, or apparatus which through emitting44 a signal is capable of preventing, disrupting, delaying, degrading, or otherwise interfering45 with the transmission of a communication signal over:46 (A) Any wireless communications system, cellular communication s system, radar47 system, or global positioning system; or48 (B) Any radio, telephone, or cable line, station, or system.49 (9) 'Vital public service' includes water, sewerage, drainage, energy, electric, gas, natural50 gas, telecommunications, internet, cable, navigation, collision avoidance, public51 transportation systems, railroads, and other services the loss of which would have a52 debilitating impact on the health, safety, or financial security of the public.53 (b) Except as provided in subsection (g) of this Code section, it shall be unlawful for any54 person to possess, use, or operate a signal jammer with the intent to prevent, disrupt, delay,55 degrade, or otherwise interfere with the transmission of a communication signal over:56 (1) Any wireless communications system, cellular communications system, radar system,57 or global positioning system; or58 (2) Any radio, telephone, or cable line, station, or system.59 (c)(1) Except as provided in paragraph (2) of this subsection, a person that violates60 subsection (b) of this Code section shall be guilty of a felony and, upon conviction61 thereof, shall be punished by imprisonment for not less than on e nor more than seven62 years, a fine of not more than $10,000.00, or both.63 (2) A person that violates subsection (b) of this Code section shall be guilty of a felony64 and, upon conviction thereof, shall be punished by imprisonment for not less than one nor65 more than ten years, a fine of not more than $25,000.00, or bot h, if such violation66 involves the possession, use, or operation of a signal jammer with the intent to prevent,67 S. B. 470 - 3 - 26 LC 64 0103S disrupt, delay, degrade, or otherwise interfere with the transmission of a communication68 signal by, from, with, or to a public safety agency, a public safety answering point, or any69 component of critical infrastructure.70 (3) A violation of subsection (b) of this Code section shall n ot merge with any other71 offense and the punishments prescribed by paragraphs (1) and (2) of this subsection shall72 not be suspended, stayed, deferred, or withheld by the sentencing court.73 (d) Except as provided in subsection (g) of this Code section, it shall be unlawful for any74 person to possess, manufacture, sell, offer for sale, distribut e, or import a signal jammer75 in this state.76 (e) A person that violates subsection (d) of this Code section shall be guilty of a felony77 and, upon conviction thereof, shall be punished by imprisonment for not less than one nor78 more than five years, a fine of not more than $10,000.00, or both.79 (f)(1) Any property which is used or intended for use in any m anner to facilitate a80 violation of this Code section shall be declared to be contraband, no person shall have a81 property right in such property, and such property shall be subject to forfeiture.82 (2) Any property subject to forfeiture pursuant to paragraph (1) of this subsection shall83 be forfeited in accordance with the procedures set forth in Cha pter 16 of Title 9, the84 'Georgia Uniform Civil Forfeiture Procedure Act.'85 (3) The Attorney General shall be specifically authorized to commence civil forfeiture86 proceedings under this subsection.87 (g) The following shall be exempt from the provisions of this Code section:88 (1) The possession, use, operation, manufacture, sale, offer f or sale, distribution, or89 importation of a signal jammer in this state that is authorized under federal law or that has90 been approved by the Federal Communications Commission or other federal agency91 authorized to regulate signal jammers; and92 (2) The possession, use, operation, manufacture, sale, offer f or sale, distribution, or93 importation of a signal jammer in this state by public safety agencies, state and local law94 S. B. 470 - 4 - 26 LC 64 0103S enforcement and correctional agencies, or any other person or e ntity that is legally95 authorized to possess, use, operate, manufacture, sell, offer for sale, distribute, or import96 a signal jammer in this state."97 SECTION 3.98 This Act shall become effective on July 1, 2026.99 SECTION 4.100 All laws and parts of laws in conflict with this Act are repealed.101 S. B. 470 - 5 -