HB1512: HB1512 Crimes and offenses; enhanced penalties when certain offenses are committed against public safety officers or code enforcement officers; provide

26 LC 63 0131 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, re lating to crimes and1 offenses, so as to provide for enhanced penalties when certain offenses are committed against2 public safety officers or code enforcement officers; to provide for the offense of obstruction3 if an individual throws an object at certain persons or at a vehicle occupied by such persons;4 to provide for a definition; to provide for related matters; to repeal conflicting laws; and for5 other purposes.6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7 SECTION 1.8 Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is9 amended by revising Code Section 16-5-19, relating to definitio ns regarding assault and10 battery, as follows:11 "16-5-19.12 As used in this article, the term:13 (1) 'Code enforcement officer' means any person contracted wit h or employed by a14 county or municipality who has enforcement authority for health , safety, or welfare15 H. B. 1512 - 1 - 26 LC 63 0131 requirements and is authorized to issue citations or file formal complaints regarding the16 same.17 (2) 'Correctional officer' means any person who is authorized to exercise the power of18 arrest and who is employed or appointed by the Department of Corrections or the State19 Board of Pardons and Paroles.20 (2)(3) 'Emergency health worker' means hospital emergency department personnel and21 emergency medical services personnel.22 (3)(4) 'Firefighter' shall have the same meaning as set forth in Code Section 25-4-2.23 (3.1)(5) 'Healthcare worker' means any employee or independent contractor of a hospital24 or other healthcare facility licensed pursuant to Chapter 7 of Title 31.25 (4)(6) 'Highway emergency response operator' means an individual emp loyed by the26 Department of Transportation who operates a towing or recovery vehicle or highway27 maintenance vehicle.28 (5)(7) 'Jail officer' means any person who is employed or appointed by a county or a29 municipality and who has the responsibility of supervising inmates who are confined in30 a municipal or county detention facility.31 (6)(8) 'Juvenile correctional officer' means any person employed or appointed by the32 Department of Juvenile Justice who has the primary responsibility for the supervision and33 control of youth confined in its programs and facilities.34 (7)(9) 'Officer of the court' means a judge, attorney, clerk of court, deputy clerk of court,35 court reporter, or court interpreter.36 (8)(10) 'Probation officer' means a community supervision officer, county or Department37 of Juvenile Justice juvenile probation officer, or probation of ficer serving pursuant to38 Article 6 of Chapter 8 of Title 42.39 (9)(11) 'Public safety officer' means peace officer, correctional officer, emergency health40 worker, firefighter, highway emergency response operator, jail officer, juvenile41 correctional officer, or probation officer.42 H. B. 1512 - 2 - 26 LC 63 0131 (10)(12) 'Public transit vehicle' shall have the same meaning as set forth in Code Section43 16-5-20.44 (11)(13) 'Strangulation' means impeding the normal breathing or circulation of blood of45 another person by applying pressure to the throat or neck of such person or by obstructing46 the nose and mouth of such person.47 (12)(14) 'Utility worker' means any employee of, including any person employed by or48 under contract with, an organization, entity, or company, whether a state created authority49 or privately, municipally, county, or cooperatively owned, that provides gas, heat,50 electricity, water, telecommunications services, sewer services, cable or video services,51 internet services, or railroad services."52 SECTION 2.53 Said title is further amended by revising subsection (e) of Code Section 16-5-20, relating to54 simple assault, as follows:55 "(e) Any person who commits the offense of simple assault against a public safety officer56 or a code enforcement officer shall, upon conviction thereof, b e punished for a57 misdemeanor of a high and aggravated nature Reserved."58 SECTION 3.59 Said title is further amended by revising paragraph (1) of subs ection (c) of Code Section60 16-5-21, relating to aggravated assault, as follows:61 "(c)(1) A person who knowingly commits the offense of aggravated assault upon a public62 safety officer or a code enforcement officer while he or she is engaged in, or on account63 of the performance of, his or her official duties shall, upon c onviction thereof, be64 punished as follows:"65 H. B. 1512 - 3 - 26 LC 63 0131 SECTION 4.66 Said title is further amended by revising subsection (e) of Code Section 16-5-23, relating to67 simple battery, as follows:68 "(e) Any person who commits the offense of simple battery again st a police officer,69 correction officer, or detention public safety officer or a code enforcement officer engaged70 in carrying out official duties shall, upon conviction thereof, be punished for a71 misdemeanor of a high and aggravated nature."72 SECTION 5.73 Said title is further amended by revising subsection (j) of Code Section 16-5-23.1, relating74 to battery, as follows:75 "(j) Any person who commits the offense of battery against a pu blic safety officer or a76 code enforcement officer shall, upon conviction thereof, be punished for a misdemeanor77 of a high and aggravated nature Reserved."78 SECTION 6.79 Said title is further amended by revising paragraph (1) of subs ection (c) of Code Section80 16-5-24, relating to aggravated battery, as follows:81 "(c)(1) A person who knowingly commits the offense of aggravated battery upon a public82 safety officer or a code enforcement officer w h i l e t h e p u b l i c s a f e t y such o f f i c e r i s83 engaged in, or on account of the performance of, his or her off icial duties shall, upon84 conviction thereof, be punished by imprisonment for not less than ten nor more than 2085 years; provided, however, that for persons who are at least 17 years of age, a mandatory86 minimum term of imprisonment of three years shall be imposed an d no portion of the87 mandatory minimum sentence shall be suspended, stayed, probated , deferred, or88 otherwise withheld by the sentencing court; provided, however, that in the court's89 discretion, the court may depart from such mandatory minimum se ntence when the90 H. B. 1512 - 4 - 26 LC 63 0131 prosecuting attorney and defendant have agreed to a sentence th at is below such91 mandatory minimum."92 SECTION 7.93 Said title is further amended by revising Code Section 16-10-24, relating to obstructing or94 hindering law enforcement officers, as follows:95 "16-10-24.96 (a) Except as otherwise provided in subsection (b) of this Cod e section, a person who97 knowingly and willfully obstructs or hinders any law enforcemen t officer, prison guard,98 jailer, code enforcement officer, correctional officer, community supervision officer,99 county or Department of Juvenile Justice juvenile probation off icer, probation officer100 serving pursuant to Article 6 of Chapter 8 of Title 42, or game warden in the lawful101 discharge of his or her official duties shall be guilty of a misdemeanor. 102 (b) Whoever knowingly and willfully resists, obstructs, or opposes any law enforcement103 officer, prison guard, jailer, code enforcement officer, correctional officer, community104 supervision officer, county or Department of Juvenile Justice j uvenile probation officer,105 probation officer serving pursuant to Article 6 of Chapter 8 of Title 42, or game warden in106 the lawful discharge of his or her official duties by offering or doing violence to the person107 of such officer or legally authorized person shall be guilty of a felony. Such offense shall108 include the throwing of any object at the person of any such officer, prison guard, or jailer109 and the throwing of any object at a vehicle occupied by any such officer, prison guard, or110 jailer. and shall, upon Upon a first conviction thereof for a violation of this subsection ,111 such person shall be punished by imprisonment for not less than one year nor mor e than112 five years. Upon a second conviction for a violation of this subsection, such person shall113 be punished by imprisonment for not less than two years nor more than ten years. Upon114 a third or subsequent conviction for a violation of this subsec tion, such person shall be115 punished by imprisonment for not less than three years nor more than 15 years.116 H. B. 1512 - 5 - 26 LC 63 0131 (c) Whoever knowingly and willfully resists, obstructs, or opposes any law enforcement117 officer, prison guard, jailer, code enforcement officer, correctional officer, community118 supervision officer, county or Department of Juvenile Justice j uvenile probation officer,119 probation officer serving pursuant to Article 6 of Chapter 8 of Title 42, or game warden in120 the lawful discharge of his or her official duties by knowingly and willfully throwing,121 projecting, or expelling human or animal blood, urine, feces, vomitus, or seminal fluid on122 or at such individual shall be guilty of a felony and shall, up on conviction thereof, be123 punished by imprisonment for not less than one year nor more than five years.124 (d) A person convicted under this Code section shall be punished, in addition to any term125 of imprisonment imposed, by a fine as provided by law which sha ll be at least $300.00. 126 With respect to $300.00 of the fine imposed, after distributing the surcharges and127 deductions required by Chapter 21 of Title 15, Code Sections 36 -15-9 and 42-8-34, and128 Title 47, it shall be earmarked for the Georgia State Indemnification Fund for purposes of129 payment of indemnification for death or disability as provided for in Part 1 of Article 5 of130 Chapter 9 of Title 45."131 SECTION 8.132 Said title is further amended by revising subsection (c) of Code Section 16-10-24.1, relating133 to obstructing or hindering firefighters, as follows:134 "(c) Whoever knowingly and willfully resists, obstructs, or opposes any firefighter in the135 lawful discharge of the firefighter's official duties by offeri ng or doing violence to the136 person of such firefighter is guilty of a felony and shall, upo n conviction thereof, be137 punished by imprisonment for not less than one nor more than fi ve years. Such offense138 shall include the throwing of any object at the person of such firefighter and the throwing139 of any object at a vehicle occupied by such firefighter."140 H. B. 1512 - 6 - 26 LC 63 0131 SECTION 9.141 Said title is further amended by revising subsection (c) of Code Section 16-10-24.2, relating142 to obstructing or hindering emergency medical technicians or em ergency medical143 professionals and criminal penalty, as follows:144 "(c) Whoever knowingly and willfully resists or obstructs any e mergency medical145 technician, any emergency medical professional, or any properly identified person working146 under the direction of an emergency medical professional in the lawful discharge of the147 official duties of the emergency medical technician, emergency medical professional, or148 properly identified person working under the direction of an em ergency medical149 professional by threatening or doing violence to the person of such emergency medical150 technician, emergency medical professional, or properly identified person working under151 the direction of an emergency medical professional is guilty of a felony and shall, upon152 conviction thereof, be punished by imprisonment for not less than one nor more than five153 years. Such offense shall include the throwing of any object a t the person of such154 technician, professional, or properly identified person working under such technician or155 professional and the throwing of any object at a vehicle occupi ed by such technician,156 professional, or properly identified person working under such technician or professional."157 SECTION 10.158 All laws and parts of laws in conflict with this Act are repealed.159 H. B. 1512 - 7 -