Georgia 2023-2024 Regular Session

Georgia House Bill HB1426 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	24 LC 48 1245
2	2	House Bill 1426
3	3	By: Representatives Reeves of the 99
4	4	th
5	5	, Carson of the 46
6	6	th
7	7	, Panitch of the 51
8	8	st
9	9	, Cox of the 28
10	10	th
11	11	,
12	12	and McDonald of the 26
13	13	th
14	14
15	15	A BILL TO BE ENTITLED
16	16	AN ACT
17	17	To amend Part 1 of Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia
18	18	1
19	19	Annotated, relating to general provisions relative to criminal trespass and damage to2
20	20	property, so as to provide for additional acts committed with the intent of threatening safety3
21	21	or provoking violence to constitute the offense of criminal trespass; to provide for a short4
22	22	title; to provide for related matters; to repeal conflicting laws; and for other purposes.5
23	23	BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6
24	24	SECTION 1.7
25	25	This Act shall be known and may be cited as the "House of Worship Protection and Religious8
26	26	Persecution Trespass Prevention Act.''9
27	27	SECTION 2.10
28	28	Part 1 of Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated,11
29	29	relating to general provisions relative to criminal trespass and damage to property, is12
30	30	amended by revising Code Section 16-7-21, relating to criminal trespass, as follows:13
31	31	H. B. 1426
32	32	- 1 - 24 LC 48 1245
33	33	"16-7-21.
34	34	14
35	35	(a) A person commits the offense of criminal trespass when he or she intentionally15
36	36	damages any property of another without consent of that other person and the damage16
37	37	thereto is $500.00 or less or knowingly and maliciously interferes with the possession or17
38	38	use of the property of another person without consent of that person.18
39	39	(b) A person commits the offense of criminal trespass when he or she knowingly and19
40	40	without authority:20
41	41	(1) Enters upon the land or premises of another person or into any part of any vehicle,21
42	42	railroad car, aircraft, or watercraft of another person for an unlawful purpose;22
43	43	(2) Enters upon the land or premises of another person or into any part of any vehicle,23
44	44	railroad car, aircraft, or watercraft of another person after receiving, prior to such entry,24
45	45	notice from the owner, rightful occupant, or, upon proper identification, an authorized25
46	46	representative of the owner or rightful occupant that such entry is forbidden; or
47	47	26
48	48	(3) Remains upon the land or premises of another person or within the vehicle, railroad27
49	49	car, aircraft, or watercraft of another person after receiving notice from the owner,28
50	50	rightful occupant, or, upon proper identification, an authorized representative of the29
51	51	owner or rightful occupant to depart;30
52	52	(4) Enters upon the land or premises of another person for the purpose of threatening the31
53	53	safety of or provoking violence against the owner or any rightful occupant of such land32
54	54	or premises;33
55	55	(5) Dumps, places, throws, or otherwise causes a book, notice, handbill, poster, sign, bill,34
56	56	circular, pamphlet, letter, photograph, or other material object to enter and remain upon35
57	57	the land or premises of another person with reckless disregard for the substantial risk that36
58	58	a reasonable person would conclude that the person or persons who commit such an act37
59	59	are a threat to the safety of any occupant of such land or premises; or38
60	60	(6) Enters and remains upon the land or premises of another person with the intent to39
61	61	impede, disrupt, disturb, or interfere with an assembly of people convening for religious40
62	62	H. B. 1426
63	63	- 2 - 24 LC 48 1245
64	64	worship or observance or to engage in disorderly or disruptive conduct at a funeral or41
65	65	memorial service in violation of Code Section 16-11-34.2 for the purpose of threatening42
66	66	the safety of or provoking violence against those in attendance at such religious worship43
67	67	or observance or funeral or memorial service.44
68	68	(c) For the purposes of subsection (b) of this Code section, permission to enter or45
69	69	invitation to enter given by a minor who is or is not present on or in the property of the46
70	70	minor's parent or guardian is not sufficient to allow lawful entry of another person upon the47
71	71	land, premises, vehicle, railroad car, aircraft, or watercraft owned or rightfully occupied48
72	72	by such minor's parent or guardian if such parent or guardian has previously given notice49
73	73	that such entry is forbidden or notice to depart.50
74	74	(d) A person who commits the offense of criminal trespass shall be guilty of a51
75	75	misdemeanor.52
76	76	(e) A person commits the offense of criminal trespass when he or she intentionally53
77	77	defaces, mutilates, or defiles any grave marker, monument, or memorial to one or more54
78	78	deceased persons who served in the military service of this state, the United States of55
79	79	America or any of the states thereof, or the Confederate States of America or any of the56
80	80	states thereof, or a monument, plaque, marker, or memorial which is dedicated to, honors,57
81	81	or recounts the military service of any past or present military personnel of this state, the58
82	82	United States of America or any of the states thereof, or the Confederate States of America59
83	83	or any of the states thereof if such grave marker, monument, memorial, plaque, or marker60
84	84	is privately owned or located on land which is privately owned."61
85	85	SECTION 3.62
86	86	All laws and parts of laws in conflict with this Act are repealed.63
87	87	H. B. 1426
88	88	- 3 -