Bill Text: GA HB541 | 2011-2012 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Obstruction of public administration; threaten or intimidate officer or official; provide for offense
Spectrum: Moderate Partisan Bill (Republican 6-1)
Status: (Passed) 2012-07-01 - Effective Date [HB541 Detail]
Download: Georgia-2011-HB541-Comm_Sub.html
Bill Title: Obstruction of public administration; threaten or intimidate officer or official; provide for offense
Spectrum: Moderate Partisan Bill (Republican 6-1)
Status: (Passed) 2012-07-01 - Effective Date [HB541 Detail]
Download: Georgia-2011-HB541-Comm_Sub.html
12 LC 29
5289S
The
Senate Judiciary Committee offered the following substitute to HB
541:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 5 of Chapter 10 of Title 16 of the Official Code of Georgia
Annotated, relating to offenses related to judicial and other proceedings, so as
to prohibit intimidation of law enforcement officers in retaliation for the
officer's actions of carrying out his or her official duties; to provide for
penalties; 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
5 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating
to offenses related to judicial and other proceedings, is amended by revising
Code Section 16-10-97, relating to intimidation or injury of grand or trial
juror or court officer, as follows:
"16-10-97.
(a)
A person who by threat or force or by any threatening
action,
letter,
or communication:
(1)
Endeavors to intimidate or impede any grand juror or trial juror or any officer
in or of any court of this state or any court of any county or municipality of
this state or any officer who may be serving at any proceeding in any such court
while in the discharge of such juror's or officer's duties;
(2)
Injures any grand juror or trial juror in his or her person or property on
account of any indictment or verdict assented to by him or her or on account of
his or her being or having been such juror; or
(3)
Injures any officer in or of any court of this state or any court of any county
or municipality of this state or any officer who may be serving at any
proceeding in any such court in his or her person or property on account of the
performance of his or her official duties
shall,
upon conviction thereof, be punished by a fine of not more than $5,000.00 or by
imprisonment for not more than 20 years, or both.
(b)
As used in this Code section, the term 'any officer in or of any court' means a
judge, attorney, clerk of court, deputy clerk of court, court reporter, or
probation officer.
(c)
A person who by threat or force or by any threatening action, letter, or
communication endeavors to intimidate any law enforcement officer, outside the
scope and course of his or her course of employment, or his or her immediate
family member in retaliation or response to the discharge of such officer's
official duties shall be guilty of a felony and, upon conviction thereof, shall
be punished by imprisonment for not less than one nor more than five years, a
fine not to exceed $5,000.00, or
both."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.