| 1 | 1 | | 24 LC 39 4059 |
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| 2 | 2 | | House Bill 922 |
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| 3 | 3 | | By: Representatives Vance of the 133 |
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| 4 | 4 | | rd |
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| 5 | 5 | | , Tarvin of the 2 |
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| 6 | 6 | | nd |
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| 7 | 7 | | , Lumsden of the 12 |
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| 8 | 8 | | th |
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| 9 | 9 | | , Collins of the |
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| 10 | 10 | | 71 |
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| 11 | 11 | | st |
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| 12 | 12 | | , and Hitchens of the 161 |
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| 13 | 13 | | st |
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| 14 | 14 | | |
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| 15 | 15 | | A BILL TO BE ENTITLED |
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| 16 | 16 | | AN ACT |
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| 17 | 17 | | To amend Part 1 of Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia |
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| 18 | 18 | | 1 |
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| 19 | 19 | | Annotated, relating to general provisions relative to criminal trespass and damage to2 |
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| 20 | 20 | | property, so as to provide that entrance upon property of another without consent shall be an3 |
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| 21 | 21 | | offense of criminal trespass; to provide for related matters; to repeal conflicting laws; and for4 |
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| 22 | 22 | | other purposes.5 |
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| 23 | 23 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6 |
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| 24 | 24 | | SECTION 1.7 |
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| 25 | 25 | | Part 1 of Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated,8 |
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| 26 | 26 | | relating to general provisions relative to criminal trespass and damage to property, is9 |
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| 27 | 27 | | amended by revising Code Section 16-7-21, relating to criminal trespass, as follows:10 |
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| 28 | 28 | | "16-7-21.11 |
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| 29 | 29 | | (a) A person commits the offense of criminal trespass when he or she intentionally12 |
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| 30 | 30 | | damages any property of another without consent of that other person and the damage13 |
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| 31 | 31 | | thereto is $500.00 or less or knowingly and maliciously interferes with the possession or14 |
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| 32 | 32 | | use of the property of another person without consent of that person.15 |
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| 33 | 33 | | H. B. 922 |
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| 34 | 34 | | - 1 - 24 LC 39 4059 |
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| 35 | 35 | | (b) A person commits the offense of criminal trespass when he or she knowingly and |
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| 36 | 36 | | 16 |
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| 37 | 37 | | without authority:17 |
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| 38 | 38 | | (1) Enters upon the land or premises of another person or into any part of any vehicle,18 |
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| 39 | 39 | | railroad car, aircraft, or watercraft of another person for an unlawful purpose;19 |
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| 40 | 40 | | (2) Enters upon the land or premises of another person or into any part of any vehicle,20 |
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| 41 | 41 | | railroad car, aircraft, or watercraft of another person after receiving, prior to such entry,21 |
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| 42 | 42 | | notice from the owner, rightful occupant, or, upon proper identification, an authorized22 |
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| 43 | 43 | | representative of the owner or rightful occupant that such entry is forbidden; or |
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| 44 | 44 | | 23 |
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| 45 | 45 | | (3) Remains upon the land or premises of another person or within the vehicle, railroad24 |
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| 46 | 46 | | car, aircraft, or watercraft of another person after receiving notice from the owner,25 |
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| 47 | 47 | | rightful occupant, or, upon proper identification, an authorized representative of the26 |
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| 48 | 48 | | owner or rightful occupant to depart; or27 |
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| 49 | 49 | | (4) Enters upon the land or premises of another person or into any part of any vehicle,28 |
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| 50 | 50 | | railroad car, aircraft, or watercraft of another person without consent of the owner or29 |
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| 51 | 51 | | rightful occupant.30 |
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| 52 | 52 | | (c) For the purposes of subsection (b) of this Code section, permission to enter or31 |
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| 53 | 53 | | invitation to enter given by a minor who is or is not present on or in the property of the32 |
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| 54 | 54 | | minor's parent or guardian is not sufficient to allow lawful entry of another person upon the33 |
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| 55 | 55 | | land, premises, vehicle, railroad car, aircraft, or watercraft owned or rightfully occupied34 |
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| 56 | 56 | | by such minor's parent or guardian if such parent or guardian has previously given notice35 |
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| 57 | 57 | | that such entry is forbidden or notice to depart.36 |
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| 58 | 58 | | (d) A person who commits the offense of criminal trespass shall be guilty of a37 |
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| 59 | 59 | | misdemeanor.38 |
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| 60 | 60 | | (e) A person commits the offense of criminal trespass when he or she intentionally39 |
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| 61 | 61 | | defaces, mutilates, or defiles any grave marker, monument, or memorial to one or more40 |
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| 62 | 62 | | deceased persons who served in the military service of this state, the United States of41 |
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| 63 | 63 | | America or any of the states thereof, or the Confederate States of America or any of the42 |
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| 64 | 64 | | H. B. 922 |
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| 65 | 65 | | - 2 - 24 LC 39 4059 |
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| 66 | 66 | | states thereof, or a monument, plaque, marker, or memorial which is dedicated to, honors, |
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| 67 | 67 | | 43 |
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| 68 | 68 | | or recounts the military service of any past or present military personnel of this state, the44 |
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| 69 | 69 | | United States of America or any of the states thereof, or the Confederate States of America45 |
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| 70 | 70 | | or any of the states thereof if such grave marker, monument, memorial, plaque, or marker46 |
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| 71 | 71 | | is privately owned or located on land which is privately owned."47 |
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| 72 | 72 | | SECTION 2.48 |
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| 73 | 73 | | All laws and parts of laws in conflict with this Act are repealed.49 |
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| 74 | 74 | | H. B. 922 |
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| 75 | 75 | | - 3 - |
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