1 | 1 | | 24 LC 48 1121 |
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2 | 2 | | House Bill 1099 |
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3 | 3 | | By: Representatives Huddleston of the 72 |
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4 | 4 | | nd |
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5 | 5 | | , Burchett of the 176 |
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6 | 6 | | th |
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7 | 7 | | , Cannon of the 172 |
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8 | 8 | | nd |
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9 | 9 | | , Camp |
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10 | 10 | | of the 135 |
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11 | 11 | | th |
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12 | 12 | | , and Rhodes of the 124 |
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13 | 13 | | th |
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14 | 14 | | |
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15 | 15 | | A BILL TO BE ENTITLED |
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16 | 16 | | AN ACT |
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17 | 17 | | To amend Part 1 of Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia |
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18 | 18 | | 1 |
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19 | 19 | | Annotated, relating to general provisions relative to criminal trespass and damage to2 |
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20 | 20 | | property, so as to provide for the crime of criminal trespass upon the knowing entry upon3 |
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21 | 21 | | land or premises of another that has been marked with purple paint; to provide for related4 |
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22 | 22 | | matters; to repeal conflicting laws; and for other purposes.5 |
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23 | 23 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6 |
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24 | 24 | | SECTION 1.7 |
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25 | 25 | | Part 1 of Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated,8 |
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26 | 26 | | relating to general provisions relative to criminal trespass and damage to property, is9 |
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27 | 27 | | amended by revising Code Section 16-7-21, relating to criminal trespass, as follows:10 |
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28 | 28 | | "16-7-21.11 |
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29 | 29 | | (a) A person commits the offense of criminal trespass when he or she intentionally12 |
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30 | 30 | | damages any property of another without consent of that other person and the damage13 |
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31 | 31 | | thereto is $500.00 or less or knowingly and maliciously interferes with the possession or14 |
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32 | 32 | | use of the property of another person without consent of that person.15 |
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33 | 33 | | H. B. 1099 |
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34 | 34 | | - 1 - 24 LC 48 1121 |
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35 | 35 | | (b) A person commits the offense of criminal trespass when he or she knowingly and |
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36 | 36 | | 16 |
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37 | 37 | | without authority:17 |
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38 | 38 | | (1) Enters upon the land or premises of another person or into any part of any vehicle,18 |
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39 | 39 | | railroad car, aircraft, or watercraft of another person for an unlawful purpose;19 |
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40 | 40 | | (2) Enters upon the land or premises of another person or into any part of any vehicle,20 |
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41 | 41 | | railroad car, aircraft, or watercraft of another person after receiving, prior to such entry,21 |
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42 | 42 | | notice from the owner, rightful occupant, or, upon proper identification, an authorized22 |
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43 | 43 | | representative of the owner or rightful occupant that such entry is forbidden; or |
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44 | 44 | | 23 |
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45 | 45 | | (3) Remains upon the land or premises of another person or within the vehicle, railroad24 |
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46 | 46 | | car, aircraft, or watercraft of another person after receiving notice from the owner,25 |
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47 | 47 | | rightful occupant, or, upon proper identification, an authorized representative of the26 |
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48 | 48 | | owner or rightful occupant to depart; or27 |
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49 | 49 | | (4) Enters upon the land or premises of another person that has been marked by the28 |
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50 | 50 | | placement of identifying purple paint marks on trees or posts on the property, provided29 |
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51 | 51 | | that such marks are:30 |
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52 | 52 | | (A) Vertical lines of not less than eight inches in length and not less than one inch in31 |
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53 | 53 | | width;32 |
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54 | 54 | | (B) Placed so that the bottom of the mark is not less than three feet from the ground or33 |
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55 | 55 | | more than five feet from the ground and, in areas of known flood zones, placed above34 |
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56 | 56 | | the known flood depth; and35 |
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57 | 57 | | (C) Placed at locations that are readily and clearly visible to any person approaching36 |
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58 | 58 | | the property and no more than 100 feet apart on forested land or 1,000 feet apart on37 |
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59 | 59 | | land that is not forested.38 |
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60 | 60 | | (c) For the purposes of subsection (b) of this Code section, permission to enter or39 |
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61 | 61 | | invitation to enter given by a minor who is or is not present on or in the property of the40 |
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62 | 62 | | minor's parent or guardian is not sufficient to allow lawful entry of another person upon the41 |
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63 | 63 | | land, premises, vehicle, railroad car, aircraft, or watercraft owned or rightfully occupied42 |
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64 | 64 | | H. B. 1099 |
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65 | 65 | | - 2 - 24 LC 48 1121 |
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66 | 66 | | by such minor's parent or guardian if such parent or guardian has previously given notice |
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67 | 67 | | 43 |
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68 | 68 | | that such entry is forbidden or notice to depart.44 |
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69 | 69 | | (d) A person who commits the offense of criminal trespass shall be guilty of a45 |
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70 | 70 | | misdemeanor.46 |
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71 | 71 | | (e) A person commits the offense of criminal trespass when he or she intentionally47 |
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72 | 72 | | defaces, mutilates, or defiles any grave marker, monument, or memorial to one or more48 |
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73 | 73 | | deceased persons who served in the military service of this state, the United States of49 |
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74 | 74 | | America or any of the states thereof, or the Confederate States of America or any of the50 |
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75 | 75 | | states thereof, or a monument, plaque, marker, or memorial which is dedicated to, honors,51 |
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76 | 76 | | or recounts the military service of any past or present military personnel of this state, the52 |
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77 | 77 | | United States of America or any of the states thereof, or the Confederate States of America53 |
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78 | 78 | | or any of the states thereof if such grave marker, monument, memorial, plaque, or marker54 |
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79 | 79 | | is privately owned or located on land which is privately owned."55 |
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80 | 80 | | SECTION 2.56 |
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81 | 81 | | All laws and parts of laws in conflict with this Act are repealed.57 |
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82 | 82 | | H. B. 1099 |
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83 | 83 | | - 3 - |
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