23 LC 33 9411S
H. B. 487 (SUB)
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The House Committee on Judiciary Non-Civil offers the following substitute to HB 487:
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 provide for2
enhanced punishment for aggravated assault and aggravated battery committed upon3
healthcare workers in a hospital or healthcare facility; to provide for a definition; to provide4
for related matters; to provide for an effective date and applicability; to repeal conflicting5
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 9411S
H. B. 487 (SUB)
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(2) 'Emergency health worker' means hospital emergency department personnel and17
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 hospital20
or another healthcare facility licensed pursuant to Chapter 7 of Title 31.21
(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 9411S
H. B. 487 (SUB)
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SECTION 2.44
Said article is further amended by revising subsection (b) of and by adding a new subsection45
to Code Section 16-5-21, relating to aggravated assault, to read as follows:46
"(b) Except as provided in subsections (c) through (k)(l) of this Code section, a person47
convicted of the offense of aggravated assault shall be punished by imprisonment for not48
less than one nor more than 20 years."49
"(l) Any person who commits the offense of aggravated assault against a healthcare50
worker, except for an emergency health worker, while he or she is engaged in, or on51
account of the performance of, his or her official duties, shall, upon conviction thereof, be52
punished by imprisonment for not less than three nor more than 20 years."53
SECTION 3.54
Said article is further amended by revising subsection (b) of and by adding a new subsection55
to Code Section 16-5-24, relating to aggravated battery, to read as follows:56
"(b) Except as provided in subsections (c) through (g)(h) of this Code section, a person57
convicted of the offense of aggravated battery shall be punished by imprisonment for not58
less than one nor more than 20 years."59
"(h) Any person who commits the offense of aggravated battery against a healthcare60
worker, except for an emergency health worker, while he or she is engaged in, or on61
account of the performance of, his or her official duties, shall, upon conviction thereof, be62
punished by imprisonment for not less than five nor more than 20 years."63
SECTION 4.64
This Act shall become effective on July 1, 2023, and shall be applicable to all offenses65
committed on or after such date.66 23 LC 33 9411S
H. B. 487 (SUB)
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SECTION 5.67
All laws and parts of laws in conflict with this Act are repealed.68