Bill Text: GA SB441 | 2011-2012 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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
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 LC
35 2537
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
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 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 aim or point
at or toward or 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 and, upon conviction thereof, be punished by
imprisonment for not less than 12 months or a fine of not more than $5,000.00,
or both.
(d)
It shall not be a defense to a prosecution for a violation of this Code section
that the law enforcement officer was within a motor vehicle or building at the
time that a laser device was pointed at such officer where the laser device is
pointed through a glass, window, or other transparent or translucent
object.
(e)
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, 2012, 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.