Bill Text: GA SB441 | 2011-2012 | Regular Session | Introduced
Bill Title: Obstruction of Public Administration; establish the offense of unlawful pointing of a laser device at a law enforcement officer; penalties
Spectrum: Moderate Partisan Bill (Republican 4-1)
Status: (Passed) 2012-05-02 - Act 754 [SB441 Detail]
Download: Georgia-2011-SB441-Introduced.html
12 SB441/AP
Senate
Bill 441
By:
Senators Crosby of the 13th, Hamrick of the 30th, Grant of the 25th, Ramsey, Sr.
of the 43rd and Murphy of the 27th
AS
PASSED
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 establish the offense of unlawful pointing of a laser device
at a law enforcement officer; to amend Chapter 11 of Title 16 of the Official
Code of Georgia Annotated, relating to offenses against public order and safety,
so as to prohibit aiming a laser pointer or projecting a laser on or at an
aircraft; to provide for penalties; 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
adding a new Code section to read as follows:
"16-10-34.
(a)
For purposes of this Code section, the term 'laser device' means a device
designed to amplify electromagnetic radiation by stimulated emission that emits
a beam designed to be used by the operator as a pointer or highlighter to
indicate, mark, or identify a specific position, place, item, or object. Such
term also means a device that projects a beam or point of light by means of
light amplification by stimulated emission of radiation or other means or that
emits light which simulates the appearance of a beam of light.
(b)
It shall be unlawful for any person to knowingly and intentionally project upon
a law enforcement officer any laser device without such officer's permission
if:
(1)
The law enforcement officer is lawfully acting within the course and scope of
employment; and
(2)
The person has knowledge or reason to know that the law enforcement officer 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.
(c)
Any person who violates subsection (b) of this Code section shall be guilty of a
high and aggravated misdemeanor.
(d)
It shall not be a defense to a prosecution for a violation of this Code section
that the laser device was pointed at such officer through a glass, window, or
other transparent or translucent object.
(e)
Each 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.
Chapter
11 of Title 16 of the Official Code of Georgia Annotated, relating to offenses
against public order and safety, is amended by adding a new Code section to read
as follows:
"16-11-45.
(a)
As used in this Code section, the term:
(1)
'Laser' means any device that projects a beam or point of light by means of
light amplification by stimulated emission of radiation or a device that emits
light which simulates the appearance of a laser.
(2)
'Laser pointer' means any device designed or used to amplify electromagnetic
radiation by stimulated emission that emits a beam designed to be used by the
operator as a pointer or highlighter to indicate, mark, or identify a specific
position, place, item, or object.
(b)
Except as otherwise provided in subsection (c) of this Code section, whoever
knowingly and intentionally aims the beam of a laser pointer, or projects a
laser, at an aircraft or at the flight path of an aircraft shall be guilty of a
misdemeanor.
(c)
Laser or laser pointer airspace uses that have been reviewed and approved by the
Federal Aviation Administration are exempt from the provisions of this Code
section."
SECTION
3.
This
Act shall become effective on July 1, 2012, and shall apply to offenses
committed on or after such date.
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.
