Bill Text: GA HB123 | 2011-2012 | Regular Session | Comm Sub
Bill Title: Weapon removal from public official; include stun guns and tasers; clarify
Sponsorship: Partisan Bill (Republican 7)
Status: (Passed) 2011-07-01 - Effective Date [HB123 Detail]
Download: Georgia-2011-HB123-Comm_Sub.html
11 LC 29
4627S
House
Bill 123 (COMMITTEE SUBSTITUTE)
By:
Representatives Powell of the
171st,
Bearden of the
68th,
Willard of the
49th,
Rynders of the
152nd,
Battles of the
15th,
and others
A
BILL TO BE ENTITLED
AN ACT
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 clarify that provisions relating to removal or attempted
removal of a weapon from a public official includes stun guns and tasers; to
provide for related matters; to provide for an effective date and applicability;
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 16-10-33, relating to removal or attempted removal of a
weapon from a public official and punishment therefor, as follows:
"16-10-33.
(a)
For the purposes of this Code section, the term 'firearm' shall include stun
guns and tasers. A stun gun or taser is any device that is powered by
electrical charging units such as batteries and emits an electrical charge in
excess of 20,000 volts or is otherwise capable of incapacitating a person by an
electrical charge.
(a)(b)
It shall be unlawful for any person knowingly to remove or attempt to remove a
firearm, chemical spray, or baton from the possession of another person
if:
(1)
The other person is lawfully acting within the course and scope of employment;
and
(2)
The person has knowledge or reason to know that the other person is employed
as:
(A)
A peace officer as defined in paragraph (8) of Code Section 35-8-2;
(B)
A probation officer, or other employee with the power of arrest, by the
Department of Corrections;
(C)
A parole supervisor, or other employee with the power of arrest, by the State
Board of Pardons and Paroles;
(D)
A jail officer or guard by a county or municipality and has the responsibility
of supervising inmates who are confined in a county or municipal jail or other
detention facility; or
(E)
A juvenile correctional officer by the Department of Juvenile Justice and has
the primary responsibility for the supervision and control of youth confined in
such department's programs and facilities.
(b)(c)
Any person who violates subsection
(a)(b)
of this Code section shall, upon conviction thereof, be punished by imprisonment
for not less than one nor more than five years or a fine of not more than
$10,000.00, or both.
(c)(d)
A violation of this Code section shall constitute a separate offense. A sentence
imposed under this Code section may be imposed separately from and consecutive
to or concurrent with a sentence for any other offense related to the act or
acts establishing the offense under this Code section."
SECTION
2.
This
Act shall become effective on July 1, 2011, and shall apply to offenses
committed on or after such date.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.
