Bill Text: GA HB342 | 2011-2012 | Regular Session | Comm Sub

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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

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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

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.