| 1 | 1 | | 23 LC 48 0685 |
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| 2 | 2 | | S. B. 119 |
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| 3 | 3 | | - 1 - |
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| 4 | 4 | | Senate Bill 119 |
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| 5 | 5 | | By: Senators Parent of the 42nd, Butler of the 55th, Jones II of the 22nd, Harrell of the 40th, |
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| 6 | 6 | | Jackson of the 41st and others |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | To amend Titles 16 and 19 of the Official Code of Georgia Annotated, relating to crimes and |
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| 10 | 10 | | 1 |
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| 11 | 11 | | offenses and to domestic relations, respectively, so as to prohibit persons convicted of2 |
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| 12 | 12 | | misdemeanor crimes of family violence from receiving, possessing, or transporting a firearm3 |
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| 13 | 13 | | and to prohibit persons subject to family violence protective orders from receiving,4 |
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| 14 | 14 | | possessing, or transporting a firearm; to provide for definitions; to provide an effective date5 |
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| 15 | 15 | | and applicability; to provide for related matters; to repeal conflicting laws; and for other6 |
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| 16 | 16 | | purposes.7 |
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| 17 | 17 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8 |
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| 18 | 18 | | SECTION 1.9 |
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| 19 | 19 | | Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is10 |
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| 20 | 20 | | amended in Code Section 16-5-20, relating to simple assault, by revising subsection (e) as11 |
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| 21 | 21 | | follows:12 |
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| 22 | 22 | | "(e) Upon conviction of simple assault under paragraph (1) of subsection (a) of this Code |
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| 23 | 23 | | 13 |
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| 24 | 24 | | section, or, if the offense involves a firearm, under paragraph (2) of subsection (a) of this14 |
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| 25 | 25 | | Code section, that is committed between past or present spouses, persons who are parents15 |
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| 26 | 26 | | of the same child, parents and children, stepparents and stepchildren, foster parents and16 |
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| 27 | 27 | | foster children, or other persons living or formerly living in the same household, the court17 23 LC 48 0685 |
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| 28 | 28 | | S. B. 119 |
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| 29 | 29 | | - 2 - |
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| 30 | 30 | | shall inform the offender orally and in writing that such offender is prohibited from18 |
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| 31 | 31 | | receiving, possessing, or transporting a firearm under subsection (b) of Code19 |
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| 32 | 32 | | Section 16-11-131, indicate such prohibition on the record of conviction, order such20 |
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| 33 | 33 | | offender orally and in writing to transfer any and all firearms in his or her possession or21 |
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| 34 | 34 | | control, and ensure transfer is made as provided under subsection (b.1) of Code Section22 |
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| 35 | 35 | | 16-11-131 Reserved."23 |
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| 36 | 36 | | SECTION 2.24 |
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| 37 | 37 | | Said title is further amended in Code Section 16-5-23, relating to simple battery, by revising25 |
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| 38 | 38 | | subsection (g) as follows:26 |
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| 39 | 39 | | "(g) If the offense of simple battery is committed between past or present spouses, persons27 |
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| 40 | 40 | | who are parents of the same child, parents and children, stepparents and stepchildren, foster28 |
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| 41 | 41 | | parents and foster children, or other persons living or formerly living in the same29 |
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| 42 | 42 | | household, the court, upon conviction, shall inform such offender orally and in writing that30 |
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| 43 | 43 | | the offender is prohibited from receiving, possessing, or transporting a firearm under31 |
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| 44 | 44 | | subsection (b) of Code Section 16-11-131, indicate such prohibition on the record of32 |
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| 45 | 45 | | conviction, order such offender orally and in writing to transfer any and all firearms in his33 |
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| 46 | 46 | | or her possession or control, and ensure transfer is made as provided under subsection (b.1)34 |
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| 47 | 47 | | of Code Section 16-11-131 Reserved."35 |
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| 48 | 48 | | SECTION 3.36 |
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| 49 | 49 | | Said title is further amended in Code Section 16-5-23.1, relating to battery, by adding a new37 |
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| 50 | 50 | | subsection to read as follows:38 |
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| 51 | 51 | | "(f.1) If the offense of battery is committed between past or present spouses, persons who39 |
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| 52 | 52 | | are parents of the same child, parents and children, stepparents and stepchildren, foster40 |
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| 53 | 53 | | parents and foster children, or other persons living or formerly living in the same41 |
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| 54 | 54 | | household, the court, upon conviction, shall inform such offender orally and in writing that42 23 LC 48 0685 |
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| 55 | 55 | | S. B. 119 |
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| 56 | 56 | | - 3 - |
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| 57 | 57 | | such offender is prohibited from receiving, possessing, or transporting a firearm under43 |
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| 58 | 58 | | subsection (b) of Code Section 16-11-131, indicate such prohibition on the record of44 |
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| 59 | 59 | | conviction, order such offender orally and in writing to transfer any and all firearms in his45 |
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| 60 | 60 | | or her possession or control, and ensure transfer is made as provided under subsection (b.1)46 |
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| 61 | 61 | | of Code Section 16-11-131."47 |
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| 62 | 62 | | SECTION 4.48 |
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| 63 | 63 | | Said title is further amended by revising Code Section 16-11-102, relating to pointing or49 |
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| 64 | 64 | | aiming a gun or pistol at another, as follows:50 |
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| 65 | 65 | | "16-11-102.51 |
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| 66 | 66 | | (a) A person is guilty of a misdemeanor when he or she intentionally and without legal52 |
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| 67 | 67 | | justification points or aims a gun or pistol at another, whether the gun or pistol is loaded53 |
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| 68 | 68 | | or unloaded.54 |
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| 69 | 69 | | (b) If the offense of pointing or aiming a gun or pistol at another is committed between55 |
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| 70 | 70 | | past or present spouses, persons who are parents of the same child, parents and children,56 |
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| 71 | 71 | | stepparents and stepchildren, foster parents and foster children, or other persons living or57 |
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| 72 | 72 | | formerly living in the same household, the court, upon conviction, shall inform such58 |
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| 73 | 73 | | offender orally and in writing that such offender is prohibited from receiving, possessing,59 |
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| 74 | 74 | | or transporting a firearm under subsection (b) of Code Section 16-11-131, indicate the60 |
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| 75 | 75 | | prohibition on the record of conviction, order such offender orally and in writing to transfer61 |
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| 76 | 76 | | any and all firearms in his or her possession or control, and ensure transfer is made as62 |
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| 77 | 77 | | provided under subsection (b.1) of Code Section 16-11-131."63 |
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| 78 | 78 | | SECTION 5.64 |
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| 79 | 79 | | Said title is further amended in Code Section 16-11-131, relating to possession of firearms65 |
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| 80 | 80 | | by convicted felons and first offender probationers, by revising subsections (a), (b), and (b.1)66 |
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| 81 | 81 | | and by adding a new subsection to read as follows:67 23 LC 48 0685 |
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| 82 | 82 | | S. B. 119 |
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| 83 | 83 | | - 4 - |
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| 84 | 84 | | "16-11-131. |
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| 85 | 85 | | 68 |
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| 86 | 86 | | (a) As used in this Code section, the term:69 |
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| 87 | 87 | | (1) 'Family violence protective order' means an order issued under Code Section 19-13-4 |
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| 88 | 88 | | 70 |
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| 89 | 89 | | or an equivalent order in this state or elsewhere that was issued after the restrained person71 |
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| 90 | 90 | | received notice of the proceedings and an opportunity to be heard.72 |
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| 91 | 91 | | (1)(2) 'Felony' means any offense punishable by imprisonment for a term of one year or73 |
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| 92 | 92 | | more and includes conviction by a court-martial under the Uniform Code of Military74 |
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| 93 | 93 | | Justice for an offense which would constitute a felony under the laws of the United75 |
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| 94 | 94 | | States.76 |
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| 95 | 95 | | (2)(3) 'Firearm' includes any a handgun, rifle, shotgun, or other weapon which will or77 |
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| 96 | 96 | | can be converted to expel a projectile by the action of an explosive or electrical charge.78 |
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| 97 | 97 | | (4) 'Misdemeanor crime of family violence' means any offense provided for under Code79 |
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| 98 | 98 | | Section 16-5-20, 16-5-23, 16-5-23.1, or 16-11-102 that:80 |
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| 99 | 99 | | (A) Is committed between past or present spouses, persons who are parents of the same81 |
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| 100 | 100 | | child, parents and children, stepparents and stepchildren, foster parents and foster82 |
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| 101 | 101 | | children, or other persons living in or formerly living in the same household; and83 |
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| 102 | 102 | | (B) Involves the use or attempted use of physical force or the use or threatened use of84 |
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| 103 | 103 | | a firearm.85 |
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| 104 | 104 | | (b) Any person who is on probation as a felony first offender pursuant to Article 3 of86 |
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| 105 | 105 | | Chapter 8 of Title 42, who is on probation and was sentenced for a felony under subsection87 |
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| 106 | 106 | | (a) or (c) of Code Section 16-13-2, or who is subject to a family violence protective order,88 |
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| 107 | 107 | | or who has been convicted of a misdemeanor offense of family violence, or a felony by a89 |
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| 108 | 108 | | court of this state or any other state; by a court of the United States including its territories,90 |
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| 109 | 109 | | possessions, and dominions; or by a court of any foreign nation and who receives,91 |
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| 110 | 110 | | possesses, or transports any a firearm commits a felony and, upon conviction thereof, shall92 |
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| 111 | 111 | | be imprisoned for not less than one year nor more than ten years; provided, however, that93 |
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| 112 | 112 | | upon a second or subsequent conviction, such person shall be imprisoned for not less than94 23 LC 48 0685 |
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| 113 | 113 | | S. B. 119 |
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| 114 | 114 | | - 5 - |
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| 115 | 115 | | five nor more than ten years; provided, further, that if the felony for which the person is on |
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| 116 | 116 | | 95 |
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| 117 | 117 | | probation or has been previously convicted is a forcible felony, then upon conviction of96 |
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| 118 | 118 | | receiving, possessing, or transporting a firearm, such person shall be imprisoned for a97 |
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| 119 | 119 | | period of five years.98 |
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| 120 | 120 | | (b.1)(1) Upon entering a conviction for a misdemeanor crime of family violence, a court |
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| 121 | 121 | | 99 |
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| 122 | 122 | | shall immediately:100 |
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| 123 | 123 | | (A) Inform such offender orally and in writing that, pursuant to subsection (b) of this101 |
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| 124 | 124 | | Code section, the offender shall not receive, possess, or transport any firearm;102 |
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| 125 | 125 | | (B) Order such offender orally and in writing to surrender all firearms in the offender's103 |
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| 126 | 126 | | possession, within 24 hours of the order to a federally licensed firearms dealer;104 |
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| 127 | 127 | | (C) Provide such offender the opportunity to attest orally and in writing that he or she105 |
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| 128 | 128 | | at the time of the conviction, has no firearms in his or her possession or control; and106 |
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| 129 | 129 | | (D) If such offender does not attest orally and in writing as provided in107 |
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| 130 | 130 | | subparagraph (C) of this paragraph, schedule a hearing to occur within 72 hours, during108 |
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| 131 | 131 | | which time the offender shall either:109 |
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| 132 | 132 | | (i) Present a receipt showing that any firearms in the offender's possession or control110 |
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| 133 | 133 | | at the time of conviction were physically surrendered to a federally licensed firearms111 |
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| 134 | 134 | | dealer and attest orally and in writing that such firearms have been physically112 |
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| 135 | 135 | | surrendered to a federally licensed firearms dealer and that the offender, at the time113 |
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| 136 | 136 | | of the hearing, has no firearms in the offender's possession or control; or114 |
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| 137 | 137 | | (ii) Attest orally and in writing that the offender, at the time of the conviction, had115 |
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| 138 | 138 | | no firearms in his or her possession or control and, at the time of the hearing, has no116 |
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| 139 | 139 | | firearm in his or her possession or control.117 |
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| 140 | 140 | | (2) An offender transporting a firearm to surrender in accordance with this subsection118 |
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| 141 | 141 | | shall not be subject to prosecution under subsection (b) of this Code section.119 |
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| 142 | 142 | | (b.2) Any person who is prohibited by this Code section from possessing a firearm because120 |
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| 143 | 143 | | of conviction of a forcible felony or because of being on probation as a first offender or121 23 LC 48 0685 |
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| 144 | 144 | | S. B. 119 |
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| 145 | 145 | | - 6 - |
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| 146 | 146 | | under conditional discharge for a forcible felony and who attempts to purchase or obtain |
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| 147 | 147 | | 122 |
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| 148 | 148 | | transfer of a firearm shall be guilty of a felony and upon conviction shall be punished by123 |
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| 149 | 149 | | imprisonment for not less than one year nor more than five years; provided, however, that124 |
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| 150 | 150 | | upon a second or subsequent conviction, such person shall be punished by imprisonment125 |
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| 151 | 151 | | for not less than five nor more than ten years."126 |
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| 152 | 152 | | SECTION 6.127 |
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| 153 | 153 | | Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is128 |
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| 154 | 154 | | amended in Code Section 19-13-4, relating to family violence protective orders and consent129 |
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| 155 | 155 | | agreements, by adding a new subsection to read as follows:130 |
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| 156 | 156 | | "(a.1)(1) An order issued pursuant to subsection (a) of this Code section that was granted |
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| 157 | 157 | | 131 |
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| 158 | 158 | | after notice was provided to the respondent and after such respondent was given an132 |
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| 159 | 159 | | opportunity to be heard shall prohibit such respondent from receiving, possessing, or133 |
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| 160 | 160 | | transporting a firearm. Upon issuance of such an order a court shall immediately:134 |
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| 161 | 161 | | (A) Inform such respondent in writing that, pursuant to subsection (b) of Code135 |
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| 162 | 162 | | Section 16-11-131, the offender shall not receive, possess, or transport a firearm;136 |
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| 163 | 163 | | (B) Order such respondent in writing to surrender all firearms in his or her possession137 |
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| 164 | 164 | | within 24 hours of the order to a federally licensed firearms dealer;138 |
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| 165 | 165 | | (C) If such respondent is present at the time the order is issued, provide him or her the139 |
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| 166 | 166 | | opportunity to attest orally and in writing that her or she, at the time of the issuance of140 |
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| 167 | 167 | | the protective order, has no firearms in his or her possession or control; and141 |
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| 168 | 168 | | (D) If such respondent does not attest orally and in writing as provided in142 |
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| 169 | 169 | | subparagraph (C) of this paragraph, schedule a hearing to occur within 72 hours, during143 |
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| 170 | 170 | | which time the respondent shall either:144 |
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| 171 | 171 | | (i) Present a receipt showing that a firearm in his or her possession or control at the145 |
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| 172 | 172 | | time the order was issued was physically surrendered to a federally licensed firearms146 |
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| 173 | 173 | | dealer and attest orally and in writing that a firearm in the respondent's possession or147 23 LC 48 0685 |
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| 174 | 174 | | S. B. 119 |
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| 175 | 175 | | - 7 - |
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| 176 | 176 | | control at the time the protective order was issued has been physically surrendered to148 |
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| 177 | 177 | | a federally licensed firearms dealer and that the respondent, at the time of the hearing,149 |
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| 178 | 178 | | has no firearm in his or her possession or control; or150 |
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| 179 | 179 | | (ii) Attest orally and in writing that the respondent, at the time the protective order151 |
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| 180 | 180 | | was issued, had no firearm in his or her possession or control and, at the time of the152 |
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| 181 | 181 | | hearing, has no firearm in his or her possession or control.153 |
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| 182 | 182 | | (2) A respondent transporting a firearm to surrender in accordance with this subsection154 |
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| 183 | 183 | | shall not be subject to prosecution under subsection (b) of Code Section 16-11-131."155 |
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| 184 | 184 | | SECTION 7.156 |
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| 185 | 185 | | This Act shall become effective on July 1, 2023, and shall apply to any conviction or157 |
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| 186 | 186 | | protective order issued on or after such date.158 |
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| 187 | 187 | | SECTION 8.159 |
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| 188 | 188 | | All laws and parts of laws in conflict with this Act are repealed.160 |
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