23 LC 33 9395
H. B. 487
- 1 -
House Bill 487
By: Representatives Newton of the 127
th
, Au of the 50
th
, Cooper of the 45
th
, and Camp of the
135
th
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 for4
definitions; 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 9395
H. B. 487
- 2 -
(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 facility' means any institution or place in which healthcare is rendered
20
to persons, which healthcare includes, but is not limited to, medical, psychiatric, acute,21
intermediate, rehabilitative, and long-term care.22
(3.2) 'Healthcare worker' means any employee or independent contractor of a hospital23
or other healthcare facility.24
(4) 'Highway emergency response operator' means an individual employed by the25
Department of Transportation who operates a towing or recovery vehicle or highway26
maintenance vehicle.27
(5) 'Jail officer' means any person who is employed or appointed by a county or a28
municipality and who has the responsibility of supervising inmates who are confined in29
a municipal or county detention facility.30
(6) 'Juvenile correctional officer' means any person employed or appointed by the31
Department of Juvenile Justice who has the primary responsibility for the supervision and32
control of youth confined in its programs and facilities.33
(7) 'Officer of the court' means a judge, attorney, clerk of court, deputy clerk of court,34
court reporter, or court interpreter.35
(8) 'Probation officer' means a community supervision officer, county or Department of36
Juvenile Justice juvenile probation officer, or probation officer serving pursuant to Article37
6 of Chapter 8 of Title 42.38
(9) 'Public safety officer' means peace officer, correctional officer, emergency health39
worker, firefighter, highway emergency response operator, jail officer, juvenile40
correctional officer, or probation officer.41
(10) 'Public transit vehicle' shall have the same meaning as set forth in Code Section42
16-5-20.43 23 LC 33 9395
H. B. 487
- 3 -
(11) 'Strangulation' means impeding the normal breathing or circulation of blood of
44
another person by applying pressure to the throat or neck of such person or by obstructing45
the nose and mouth of such person."46
SECTION 2.47
Said article is further amended by revising subsection (c) of Code Section 16-5-21, relating48
to aggravated assault, as follows:49
"(c)(1) A person who knowingly commits the offense of aggravated assault upon a public50
safety officer or healthcare worker
while he or she is engaged in, or on account of the51
performance of, his or her official duties shall, upon conviction thereof, be punished as52
follows:53
(A) When such assault occurs by the discharge of a firearm by a person who is at least54
17 years of age, such person shall be punished by imprisonment for not less than ten nor55
more than 20 years and shall be sentenced to a mandatory minimum term of56
imprisonment of ten years and no portion of the mandatory minimum sentence imposed57
shall be suspended, stayed, probated, deferred, or withheld by the sentencing court;58
provided, however, that in the court's discretion, the court may depart from such59
mandatory minimum sentence when the prosecuting attorney and defendant have60
agreed to a sentence that is below such mandatory minimum;61
(B) When such assault does not involve the discharge of a firearm by a person who is62
at least 17 years of age, and does not involve only the use of the person's body, such63
person shall be punished by imprisonment for not less than five nor more than 20 years64
and, for persons who are at least 17 years of age, shall be sentenced to a mandatory65
minimum term of imprisonment of three years and no portion of the mandatory66
minimum sentence imposed shall be suspended, stayed, probated, deferred, or withheld67
by the sentencing court; provided, however, that in the court's discretion, the court may68 23 LC 33 9395
H. B. 487
- 4 -
depart from such mandatory minimum sentence when the prosecuting attorney and
69
defendant have agreed to a sentence that is below such mandatory minimum; or70
(C) When such assault occurs only involving the use of the person's body, by71
imprisonment for not less than five nor more than 20 years.72
(2) A person convicted under this subsection shall be punished, in addition to any term73
of imprisonment imposed, by a fine as provided by law which shall be at least $2,000.00.74
With respect to $2,000.00 of the fine imposed, after distributing the surcharges and75
deductions required by Chapter 21 of Title 15, Code Sections 36-15-9 and 42-8-34, and76
Title 47, it shall be earmarked for the Georgia State Indemnification Fund for purposes77
of payment of indemnification for death or disability as provided for in Part 1 of Article78
5 of Chapter 9 of Title 45.79
(3) As used in this subsection, the term 'firearm' means any handgun, rifle, shotgun, or80
similar device or weapon which will or can be converted to expel a projectile by the81
action of an explosive or electrical charge."82
SECTION 3.83
Said article is further amended by revising subsection (c) of Code Section 16-5-24, relating84
to aggravated battery, as follows:85
"(c)(1) A person who knowingly commits the offense of aggravated battery upon a public86
safety officer or healthcare worker
while the public safety officer or healthcare worker87
is engaged in, or on account of the performance of, his or her official duties shall, upon88
conviction thereof, be punished by imprisonment for not less than ten nor more than 2089
years; provided, however, that for persons who are at least 17 years of age, a mandatory90
minimum term of imprisonment of three years shall be imposed and no portion of the91
mandatory minimum sentence shall be suspended, stayed, probated, deferred, or92
otherwise withheld by the sentencing court; provided, however, that in the court's93
discretion, the court may depart from such mandatory minimum sentence when the94 23 LC 33 9395
H. B. 487
- 5 -
prosecuting attorney and defendant have agreed to a sentence that is below such
95
mandatory minimum.96
(2) A person convicted under this subsection shall be punished, in addition to any term97
of imprisonment imposed, by a fine as provided by law which shall be at least $2,000.00.98
With respect to $2,000.00 of the fine imposed, after distributing the surcharges and99
deductions required by Chapter 21 of Title 15, Code Sections 36-15-9 and 42-8-34, and100
Title 47, it shall be earmarked for the Georgia State Indemnification Fund for purposes101
of payment of indemnification for death or disability as provided for in Part 1 of Article102
5 of Chapter 9 of Title 45."103
SECTION 4.104
This Act shall become effective on July 1, 2023, and shall be applicable to all offenses105
committed on or after such date.106
SECTION 5.107
All laws and parts of laws in conflict with this Act are repealed.108