Georgia 2023-2024 Regular Session

Georgia House Bill HB46 Compare Versions

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

Old	New	Differences
1	1	23 LC 33 9216
2	2	H. B. 46
3	3	- 1 -
4	4	House Bill 46
5	5	By: Representatives Au of the 50
6	6	th
7	7	, Newton of the 127
8	8	th
9	9	, Camp of the 135
10	10	th
11	11	, Cooper of the
12	12	45
13	13	th
14	14	, and Lott of the 131
15	15	st
16	16
17	17	A BILL TO BE ENTITLED
18	18	AN ACT
19	19	To amend Article 2 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated,
20	20	1
21	21	relating to assault and battery and related offenses against persons, so as to expand enhanced2
22	22	punishment for aggravated assault and aggravated battery committed upon emergency health3
23	23	workers to all healthcare workers in a hospital or healthcare facility; to provide for a4
24	24	definition; to provide for related matters; to provide for an effective date and applicability;5
25	25	to repeal conflicting laws; and for other purposes.6
26	26	BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7
27	27	SECTION 1.8
28	28	Article 2 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to9
29	29	assault and battery and related offenses against persons, is amended by revising Code Section10
30	30	16-5-19, relating to definitions, as follows:11
31	31	"16-5-19.12
32	32	As used in this article, the term:13
33	33	(1) 'Correctional officer' means any person who is authorized to exercise the power of14
34	34	arrest and who is employed or appointed by the Department of Corrections or the State15
35	35	Board of Pardons and Paroles.16 23 LC 33 9216
36	36	H. B. 46
37	37	- 2 -
38	38	(2) 'Emergency health worker' means hospital emergency department personnel and
39	39	17
40	40	emergency medical services personnel.18
41	41	(3) 'Firefighter' shall have the same meaning as set forth in Code Section 25-4-2.19
42	42	(3.1) 'Healthcare worker' means any employee or independent contractor of a hospital
43	43	20
44	44	or other healthcare facility.21
45	45	(4) 'Highway emergency response operator' means an individual employed by the22
46	46	Department of Transportation who operates a towing or recovery vehicle or highway23
47	47	maintenance vehicle.24
48	48	(5) 'Jail officer' means any person who is employed or appointed by a county or a25
49	49	municipality and who has the responsibility of supervising inmates who are confined in26
50	50	a municipal or county detention facility.27
51	51	(6) 'Juvenile correctional officer' means any person employed or appointed by the28
52	52	Department of Juvenile Justice who has the primary responsibility for the supervision and29
53	53	control of youth confined in its programs and facilities.30
54	54	(7) 'Officer of the court' means a judge, attorney, clerk of court, deputy clerk of court,31
55	55	court reporter, or court interpreter.32
56	56	(8) 'Probation officer' means a community supervision officer, county or Department of33
57	57	Juvenile Justice juvenile probation officer, or probation officer serving pursuant to Article34
58	58	6 of Chapter 8 of Title 42.35
59	59	(9) 'Public safety officer' means peace officer, correctional officer, emergency health36
60	60	worker, firefighter, highway emergency response operator, jail officer, juvenile37
61	61	correctional officer, or probation officer.38
62	62	(10) 'Public transit vehicle' shall have the same meaning as set forth in Code Section39
63	63	16-5-20.40
64	64	(11) 'Strangulation' means impeding the normal breathing or circulation of blood of41
65	65	another person by applying pressure to the throat or neck of such person or by obstructing42
66	66	the nose and mouth of such person."43 23 LC 33 9216
67	67	H. B. 46
68	68	- 3 -
69	69	SECTION 2.
70	70	44
71	71	Said article is further amended by revising subsection (c) of Code Section 16-5-21, relating45
72	72	to aggravated assault, as follows:46
73	73	"(c)(1) A person who knowingly commits the offense of aggravated assault upon a public47
74	74	safety officer or healthcare worker
75	75	while he or she is engaged in, or on account of the48
76	76	performance of, his or her official duties shall, upon conviction thereof, be punished as49
77	77	follows:50
78	78	(A) When such assault occurs by the discharge of a firearm by a person who is at least51
79	79	17 years of age, such person shall be punished by imprisonment for not less than ten nor52
80	80	more than 20 years and shall be sentenced to a mandatory minimum term of53
81	81	imprisonment of ten years and no portion of the mandatory minimum sentence imposed54
82	82	shall be suspended, stayed, probated, deferred, or withheld by the sentencing court;55
83	83	provided, however, that in the court's discretion, the court may depart from such56
84	84	mandatory minimum sentence when the prosecuting attorney and defendant have57
85	85	agreed to a sentence that is below such mandatory minimum;58
86	86	(B) When such assault does not involve the discharge of a firearm by a person who is59
87	87	at least 17 years of age, and does not involve only the use of the person's body, such60
88	88	person shall be punished by imprisonment for not less than five nor more than 20 years61
89	89	and, for persons who are at least 17 years of age, shall be sentenced to a mandatory62
90	90	minimum term of imprisonment of three years and no portion of the mandatory63
91	91	minimum sentence imposed shall be suspended, stayed, probated, deferred, or withheld64
92	92	by the sentencing court; provided, however, that in the court's discretion, the court may65
93	93	depart from such mandatory minimum sentence when the prosecuting attorney and66
94	94	defendant have agreed to a sentence that is below such mandatory minimum; or67
95	95	(C) When such assault occurs only involving the use of the person's body, by68
96	96	imprisonment for not less than five nor more than 20 years.69 23 LC 33 9216
97	97	H. B. 46
98	98	- 4 -
99	99	(2) A person convicted under this subsection shall be punished, in addition to any term
100	100	70
101	101	of imprisonment imposed, by a fine as provided by law which shall be at least $2,000.00.71
102	102	With respect to $2,000.00 of the fine imposed, after distributing the surcharges and72
103	103	deductions required by Chapter 21 of Title 15, Code Sections 36-15-9 and 42-8-34, and73
104	104	Title 47, it shall be earmarked for the Georgia State Indemnification Fund for purposes74
105	105	of payment of indemnification for death or disability as provided for in Part 1 of Article75
106	106	5 of Chapter 9 of Title 45.76
107	107	(3) As used in this subsection, the term 'firearm' means any handgun, rifle, shotgun, or77
108	108	similar device or weapon which will or can be converted to expel a projectile by the78
109	109	action of an explosive or electrical charge."79
110	110	SECTION 3.80
111	111	Said article is further amended by revising subsection (c) of Code Section 16-5-24, relating81
112	112	to aggravated battery, as follows:82
113	113	"(c)(1) A person who knowingly commits the offense of aggravated battery upon a public83
114	114	safety officer or healthcare worker
115	115	while the public safety officer or healthcare worker84
116	116	is engaged in, or on account of the performance of, his or her official duties shall, upon85
117	117	conviction thereof, be punished by imprisonment for not less than ten nor more than 2086
118	118	years; provided, however, that for persons who are at least 17 years of age, a mandatory87
119	119	minimum term of imprisonment of three years shall be imposed and no portion of the88
120	120	mandatory minimum sentence shall be suspended, stayed, probated, deferred, or89
121	121	otherwise withheld by the sentencing court; provided, however, that in the court's90
122	122	discretion, the court may depart from such mandatory minimum sentence when the91
123	123	prosecuting attorney and defendant have agreed to a sentence that is below such92
124	124	mandatory minimum.93
125	125	(2) A person convicted under this subsection shall be punished, in addition to any term94
126	126	of imprisonment imposed, by a fine as provided by law which shall be at least $2,000.00.95 23 LC 33 9216
127	127	H. B. 46
128	128	- 5 -
129	129	With respect to $2,000.00 of the fine imposed, after distributing the surcharges and
130	130	96
131	131	deductions required by Chapter 21 of Title 15, Code Sections 36-15-9 and 42-8-34, and97
132	132	Title 47, it shall be earmarked for the Georgia State Indemnification Fund for purposes98
133	133	of payment of indemnification for death or disability as provided for in Part 1 of Article99
134	134	5 of Chapter 9 of Title 45."100
135	135	SECTION 4.101
136	136	This Act shall become effective on July 1, 2023, and shall be applicable to all offenses102
137	137	committed on or after such date.103
138	138	SECTION 5.104
139	139	All laws and parts of laws in conflict with this Act are repealed.105