Bill Text: GA HB342 | 2011-2012 | Regular Session | Comm Sub
Bill Title: Stalking; family violence order; define
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2012-03-22 - Senate Read Second Time [HB342 Detail]
Download: Georgia-2011-HB342-Comm_Sub.html
11 LC 29
4768S
House
Bill 342 (COMMITTEE SUBSTITUTE)
By:
Representatives McKillip of the
115th,
Lindsey of the
54th,
Evans of the
40th,
and Houston of the
170th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 7 of Chapter 5 of Title 16 of the Official Code of Georgia
Annotated, relating to stalking, so as to define "family violence order"; 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
7 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating
to stalking, is amended by revising Code Section 16-5-95, relating to the
offense of violating a family violence order, as follows:
"16-5-95.
(a)
As used in
this Code section, the term:
(1)
'Family violence' shall have the same meaning as set forth in Code Section
19-13-1.
(2)
'Family violence order' means:
(A)
Any temporary restraining order, temporary protective order, permanent
restraining order, or permanent protective order issued pursuant to Article 1 of
Chapter 13 of Title 19;
(B)
Any order of pretrial release issued as a result of an arrest for an act of
family violence; or
(C)
Any order for probation issued as a result of a conviction or plea of guilty,
nolo contendere, or first offender to an act of family violence.
(b)
A person commits the offense of violating a family violence order when
the
such
person knowingly and in a nonviolent manner violates the terms of a family
violence
temporary
restraining order, temporary protective order, permanent restraining order, or
permanent protective order issued against
that person
pursuant to
Article 1 of Chapter 13 of Title 19,
which:
(1)
Excludes, evicts, or excludes and evicts the person from a residence or
household;
(2)
Directs the person to stay away from a residence, workplace, or
school;
(3)
Restrains the person from approaching within a specified distance of another
person; or
(4)
Restricts the person from having any contact, direct or indirect, by telephone,
pager, facsimile, e-mail, or any other means of communication with another
person, except as specified in the order.
(b)(c)
Any person convicted of a violation of subsection
(a)
(b)
of this Code section shall be guilty of a misdemeanor.
(c)(d)
Nothing contained in this Code section shall prohibit a prosecution for the
offense of stalking or aggravated stalking that arose out of the same course of
conduct; provided, however, that, for purposes of sentencing, a violation of
this Code section shall be merged with a violation of any provision of Code
Section 16-5-90 or 16-5-91 that arose out of the same course of
conduct."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.