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S. B. 159
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Senate Bill 159
By: Senators Robertson of the 29th, Albers of the 56th, Dugan of the 30th, Kirkpatrick of the
32nd and Walker III of the 20th
AS PASSED SENATE
A BILL TO BE ENTITLED
AN ACT
To amend Article 1 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated,
1
relating to general provisions regarding correctional institutions of states and counties, so as2
to prohibit wireless communications and stand-alone electronic devices behind guard lines;3
to provide for penalties; to provide for definitions; to provide for related matters; to repeal4
conflicting laws; and for other purposes.5
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6
SECTION 1.7
Article 1 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to8
general provisions regarding correctional institutions of states and counties, is amended by9
revising Code Section 42-5-15, relating to crossing of guard lines with weapons, intoxicants,10
or drugs without consent of warden or superintendent, as follows:11
"42-5-15.12
(a) As used in this Code section, 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, the Department of15 23 SB 159/CSFA
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Community Supervision, by the State Board of Pardons and Paroles, or by a local16
government as a law enforcement officer for a jail or other detention center.17
(2) 'Stand-alone electronic device' means a device other than a wireless18
telecommunications device which stores audio or video data files to be retrieved on19
demand by a user.20
(3) 'Wireless telecommunications device' means a cellular telephone, a portable21
telephone, a text-messaging device, a personal digital assistant, a stand-alone computer,22
a global positioning system receiver, or substantially similar portable wireless device that23
is used to initiate or receive communication, information, or data. Such term shall not24
include a radio, citizens band radio, citizens band radio hybrid, commercial two-way25
radio communication device or its functional equivalent, subscription based emergency26
communication device, prescribed medical device, amateur or ham radio device, or27
in-vehicle security, navigation, or remote diagnostics system.28
(b) It shall be unlawful for any person to come inside the guard lines established at any29
state or county correctional institution with a gun, pistol, or any other weapon or with or30
under the influence of any intoxicating liquor, amphetamines, biphetamines, or any other31
hallucinogenic or other drugs, without the knowledge or consent of the warden,32
superintendent, or his or her designated representative.33
(b)(c) It shall be unlawful for any person to come inside the guard lines established at any34
state or county correctional institution with a wireless telecommunications device or a35
stand-alone electronic device, without the knowledge or consent of the warden,36
superintendent, or his or her designated representative.37
(d)(1) Any person other than a correctional officer who violates subsection (c) of this38
Code section shall be guilty of a felony punishable by imprisonment for not less than one39
year nor more than ten years.40
(2) Any person who violates subsection (b) of this Code section, and any correctional41
officer who violates subsection (c) of this Code section, shall be guilty of a felony and,42 23 SB 159/CSFA
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upon conviction thereof, shall be punished by imprisonment for not less than one year nor43
more than four years a minimum term of imprisonment of ten years, which may be44
suspended, stayed, probated, deferred, or withheld by the sentencing court."45
SECTION 2.46
All laws and parts of laws in conflict with this Act are repealed. 47