Georgia 2023-2024 Regular Session

Georgia House Bill HB487 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	23 LC 33 ~~9411S~~
2		-	H. B. 487 ~~(SUB)~~
	1	+	23 LC 33 9395
	2	+	H. B. 487
3	3		- 1 -
4		-	The House Committee on Judiciary Non-Civil offers the following substitute to HB 487:
	4	+	House Bill 487
	5	+	By: Representatives Newton of the 127
	6	+	th
	7	+	, Au of the 50
	8	+	th
	9	+	, Cooper of the 45
	10	+	th
	11	+	, and Camp of the
	12	+	135
	13	+	th
	14	+
5	15		A BILL TO BE ENTITLED
6	16		AN ACT
7		-	To amend Article 2 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated,1
8		-	relating to assault and battery and related offenses against persons, so as to provide for2
9		-	enhanced punishment for aggravated assault and aggravated battery committed upon3
10		-	healthcare workers in a hospital or healthcare facility; to provide for a definition; to provide4
11		-	for related matters; to provide for an effective date and applicability; to repeal conflicting5
12		-	laws; and for other purposes.6
	17	+	To amend Article 2 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated,
	18	+	1
	19	+	relating to assault and battery and related offenses against persons, so as to expand enhanced2
	20	+	punishment for aggravated assault and aggravated battery committed upon emergency health3
	21	+	workers to all healthcare workers in a hospital or healthcare facility; to provide for4
	22	+	definitions; to provide for related matters; to provide for an effective date and applicability;5
	23	+	to repeal conflicting laws; and for other purposes.6
13	24		BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7
14	25		SECTION 1.8
15	26		Article 2 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to9
16	27		assault and battery and related offenses against persons, is amended by revising Code Section10
17	28		16-5-19, relating to definitions, as follows:11
18	29		"16-5-19.12
19	30		As used in this article, the term:13
20	31		(1) 'Correctional officer' means any person who is authorized to exercise the power of14
21	32		arrest and who is employed or appointed by the Department of Corrections or the State15
22		-	Board of Pardons and Paroles.16 23 LC 33 ~~9411S~~
23		-	H. B. 487 ~~(SUB)~~
	33	+	Board of Pardons and Paroles.16 23 LC 33 9395
	34	+	H. B. 487
24	35		- 2 -
25		-	(2) 'Emergency health worker' means hospital emergency department personnel and17
	36	+	(2) 'Emergency health worker' means hospital emergency department personnel and
	37	+	17
26	38		emergency medical services personnel.18
27	39		(3) 'Firefighter' shall have the same meaning as set forth in Code Section 25-4-2.19
28		-	(3.1) 'Healthcare worker' means any employee or independent contractor of a hospital20
29		-	or another healthcare facility licensed pursuant to Chapter 7 of Title 31.21
30		-	(4) 'Highway emergency response operator' means an individual employed by the22
31		-	Department of Transportation who operates a towing or recovery vehicle or highway23
32		-	maintenance vehicle.24
33		-	(5) 'Jail officer' means any person who is employed or appointed by a county or a25
34		-	municipality and who has the responsibility of supervising inmates who are confined in26
35		-	a municipal or county detention facility.27
36		-	(6) 'Juvenile correctional officer' means any person employed or appointed by the28
37		-	Department of Juvenile Justice who has the primary responsibility for the supervision and29
38		-	control of youth confined in its programs and facilities.30
39		-	(7) 'Officer of the court' means a judge, attorney, clerk of court, deputy clerk of court,31
40		-	court reporter, or court interpreter.32
41		-	(8) 'Probation officer' means a community supervision officer, county or Department of33
42		-	Juvenile Justice juvenile probation officer, or probation officer serving pursuant to Article34
43		-	6 of Chapter 8 of Title 42.35
44		-	(9) 'Public safety officer' means peace officer, correctional officer, emergency health36
45		-	worker, firefighter, highway emergency response operator, jail officer, juvenile37
46		-	correctional officer, or probation officer.38
47		-	(10) 'Public transit vehicle' shall have the same meaning as set forth in Code Section39
48		-	16-5-20.40
49		-	(11) 'Strangulation' means impeding the normal breathing or circulation of blood of41
50		-	another person by applying pressure to the throat or neck of such person or by obstructing42
51		-	the nose and mouth of such person."43 23 LC 33 9411S
52		-	H. B. 487 (SUB)
	40	+	(3.1) 'Healthcare facility' means any institution or place in which healthcare is rendered
	41	+	20
	42	+	to persons, which healthcare includes, but is not limited to, medical, psychiatric, acute,21
	43	+	intermediate, rehabilitative, and long-term care.22
	44	+	(3.2) 'Healthcare worker' means any employee or independent contractor of a hospital23
	45	+	or other healthcare facility.24
	46	+	(4) 'Highway emergency response operator' means an individual employed by the25
	47	+	Department of Transportation who operates a towing or recovery vehicle or highway26
	48	+	maintenance vehicle.27
	49	+	(5) 'Jail officer' means any person who is employed or appointed by a county or a28
	50	+	municipality and who has the responsibility of supervising inmates who are confined in29
	51	+	a municipal or county detention facility.30
	52	+	(6) 'Juvenile correctional officer' means any person employed or appointed by the31
	53	+	Department of Juvenile Justice who has the primary responsibility for the supervision and32
	54	+	control of youth confined in its programs and facilities.33
	55	+	(7) 'Officer of the court' means a judge, attorney, clerk of court, deputy clerk of court,34
	56	+	court reporter, or court interpreter.35
	57	+	(8) 'Probation officer' means a community supervision officer, county or Department of36
	58	+	Juvenile Justice juvenile probation officer, or probation officer serving pursuant to Article37
	59	+	6 of Chapter 8 of Title 42.38
	60	+	(9) 'Public safety officer' means peace officer, correctional officer, emergency health39
	61	+	worker, firefighter, highway emergency response operator, jail officer, juvenile40
	62	+	correctional officer, or probation officer.41
	63	+	(10) 'Public transit vehicle' shall have the same meaning as set forth in Code Section42
	64	+	16-5-20.43 23 LC 33 9395
	65	+	H. B. 487
53	66		- 3 -
54		-	SECTION 2.44
55		-	Said article is further amended by revising subsection (b) of and by adding a new subsection45
56		-	to Code Section 16-5-21, relating to aggravated assault, to read as follows:46
57		-	"(b) Except as provided in subsections (c) through (k)(l) of this Code section, a person47
58		-	convicted of the offense of aggravated assault shall be punished by imprisonment for not48
59		-	less than one nor more than 20 years."49
60		-	"(l) Any person who commits the offense of aggravated assault against a healthcare50
61		-	worker, except for an emergency health worker, while he or she is engaged in, or on51
62		-	account of the performance of, his or her official duties, shall, upon conviction thereof, be52
63		-	punished by imprisonment for not less than three nor more than 20 years."53
64		-	SECTION 3.54
65		-	Said article is further amended by revising subsection (b) of and by adding a new subsection55
66		-	to Code Section 16-5-24, relating to aggravated battery, to read as follows:56
67		-	"(b) Except as provided in subsections (c) through (g)(h) of this Code section, a person57
68		-	convicted of the offense of aggravated battery shall be punished by imprisonment for not58
69		-	less than one nor more than 20 years."59
70		-	"(h) Any person who commits the offense of aggravated battery against a healthcare60
71		-	worker, except for an emergency health worker, while he or she is engaged in, or on61
72		-	account of the performance of, his or her official duties, shall, upon conviction thereof, be62
73		-	punished by imprisonment for not less than five nor more than 20 years."63
74		-	SECTION 4.64
75		-	This Act shall become effective on July 1, 2023, and shall be applicable to all offenses65
76		-	committed on or after such date.66 23 LC 33 9411S
77		-	H. B. 487 (SUB)
	67	+	(11) 'Strangulation' means impeding the normal breathing or circulation of blood of
	68	+	44
	69	+	another person by applying pressure to the throat or neck of such person or by obstructing45
	70	+	the nose and mouth of such person."46
	71	+	SECTION 2.47
	72	+	Said article is further amended by revising subsection (c) of Code Section 16-5-21, relating48
	73	+	to aggravated assault, as follows:49
	74	+	"(c)(1) A person who knowingly commits the offense of aggravated assault upon a public50
	75	+	safety officer or healthcare worker
	76	+	while he or she is engaged in, or on account of the51
	77	+	performance of, his or her official duties shall, upon conviction thereof, be punished as52
	78	+	follows:53
	79	+	(A) When such assault occurs by the discharge of a firearm by a person who is at least54
	80	+	17 years of age, such person shall be punished by imprisonment for not less than ten nor55
	81	+	more than 20 years and shall be sentenced to a mandatory minimum term of56
	82	+	imprisonment of ten years and no portion of the mandatory minimum sentence imposed57
	83	+	shall be suspended, stayed, probated, deferred, or withheld by the sentencing court;58
	84	+	provided, however, that in the court's discretion, the court may depart from such59
	85	+	mandatory minimum sentence when the prosecuting attorney and defendant have60
	86	+	agreed to a sentence that is below such mandatory minimum;61
	87	+	(B) When such assault does not involve the discharge of a firearm by a person who is62
	88	+	at least 17 years of age, and does not involve only the use of the person's body, such63
	89	+	person shall be punished by imprisonment for not less than five nor more than 20 years64
	90	+	and, for persons who are at least 17 years of age, shall be sentenced to a mandatory65
	91	+	minimum term of imprisonment of three years and no portion of the mandatory66
	92	+	minimum sentence imposed shall be suspended, stayed, probated, deferred, or withheld67
	93	+	by the sentencing court; provided, however, that in the court's discretion, the court may68 23 LC 33 9395
	94	+	H. B. 487
78	95		- 4 -
79		-	SECTION 5.67
80		-	All laws and parts of laws in conflict with this Act are repealed.68
	96	+	depart from such mandatory minimum sentence when the prosecuting attorney and
	97	+	69
	98	+	defendant have agreed to a sentence that is below such mandatory minimum; or70
	99	+	(C) When such assault occurs only involving the use of the person's body, by71
	100	+	imprisonment for not less than five nor more than 20 years.72
	101	+	(2) A person convicted under this subsection shall be punished, in addition to any term73
	102	+	of imprisonment imposed, by a fine as provided by law which shall be at least $2,000.00.74
	103	+	With respect to $2,000.00 of the fine imposed, after distributing the surcharges and75
	104	+	deductions required by Chapter 21 of Title 15, Code Sections 36-15-9 and 42-8-34, and76
	105	+	Title 47, it shall be earmarked for the Georgia State Indemnification Fund for purposes77
	106	+	of payment of indemnification for death or disability as provided for in Part 1 of Article78
	107	+	5 of Chapter 9 of Title 45.79
	108	+	(3) As used in this subsection, the term 'firearm' means any handgun, rifle, shotgun, or80
	109	+	similar device or weapon which will or can be converted to expel a projectile by the81
	110	+	action of an explosive or electrical charge."82
	111	+	SECTION 3.83
	112	+	Said article is further amended by revising subsection (c) of Code Section 16-5-24, relating84
	113	+	to aggravated battery, as follows:85
	114	+	"(c)(1) A person who knowingly commits the offense of aggravated battery upon a public86
	115	+	safety officer or healthcare worker
	116	+	while the public safety officer or healthcare worker87
	117	+	is engaged in, or on account of the performance of, his or her official duties shall, upon88
	118	+	conviction thereof, be punished by imprisonment for not less than ten nor more than 2089
	119	+	years; provided, however, that for persons who are at least 17 years of age, a mandatory90
	120	+	minimum term of imprisonment of three years shall be imposed and no portion of the91
	121	+	mandatory minimum sentence shall be suspended, stayed, probated, deferred, or92
	122	+	otherwise withheld by the sentencing court; provided, however, that in the court's93
	123	+	discretion, the court may depart from such mandatory minimum sentence when the94 23 LC 33 9395
	124	+	H. B. 487
	125	+	- 5 -
	126	+	prosecuting attorney and defendant have agreed to a sentence that is below such
	127	+	95
	128	+	mandatory minimum.96
	129	+	(2) A person convicted under this subsection shall be punished, in addition to any term97
	130	+	of imprisonment imposed, by a fine as provided by law which shall be at least $2,000.00.98
	131	+	With respect to $2,000.00 of the fine imposed, after distributing the surcharges and99
	132	+	deductions required by Chapter 21 of Title 15, Code Sections 36-15-9 and 42-8-34, and100
	133	+	Title 47, it shall be earmarked for the Georgia State Indemnification Fund for purposes101
	134	+	of payment of indemnification for death or disability as provided for in Part 1 of Article102
	135	+	5 of Chapter 9 of Title 45."103
	136	+	SECTION 4.104
	137	+	This Act shall become effective on July 1, 2023, and shall be applicable to all offenses105
	138	+	committed on or after such date.106
	139	+	SECTION 5.107
	140	+	All laws and parts of laws in conflict with this Act are repealed.108