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