| 11 | | - | relating to general provisions regarding correctional institutions of state and counties, so as2 |
|---|
| 12 | | - | to revise punishment provisions relative to prohibited items in possession by inmates; to3 |
|---|
| 13 | | - | provide for enhanced punishment for violations committed by department employees or4 |
|---|
| 14 | | - | contractors; to revise punishment provisions relative to unauthorized photography or5 |
|---|
| 15 | | - | recording of a place of incarceration using unmanned aircraft; to provide for related matters;6 |
|---|
| 16 | | - | to repeal conflicting laws; and for other purposes.7 |
|---|
| 17 | | - | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8 |
|---|
| 18 | | - | SECTION 1.9 |
|---|
| 19 | | - | Article 1 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to10 |
|---|
| 20 | | - | general provisions regarding correctional institutions of state and counties, is amended by11 |
|---|
| 21 | | - | revising Code Section 42-5-18, relating to items prohibited for possession by inmates,12 |
|---|
| 22 | | - | warden's authorization, penalty, and use of unmanned aircraft to accomplish violations, as13 |
|---|
| 23 | | - | follows:14 |
|---|
| 24 | | - | "42-5-18.15 |
|---|
| 25 | | - | (a) As used in this Code section, the term:16 |
|---|
| 12 | + | relating to general provisions regarding correctional institutions of states and counties, so as2 |
|---|
| 13 | + | to prohibit wireless communications and stand-alone electronic devices behind guard lines;3 |
|---|
| 14 | + | to provide for penalties; to provide for definitions; to provide for related matters; to repeal4 |
|---|
| 15 | + | conflicting laws; and for other purposes.5 |
|---|
| 16 | + | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6 |
|---|
| 17 | + | SECTION 1.7 |
|---|
| 18 | + | Article 1 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to8 |
|---|
| 19 | + | general provisions regarding correctional institutions of states and counties, is amended by9 |
|---|
| 20 | + | revising Code Section 42-5-15, relating to crossing of guard lines with weapons, intoxicants,10 |
|---|
| 21 | + | or drugs without consent of warden or superintendent, as follows:11 |
|---|
| 22 | + | "42-5-15.12 |
|---|
| 23 | + | (a) As used in this Code section, the term: |
|---|
| 24 | + | 13 |
|---|
| 25 | + | (1) 'Correctional officer' means any person who is authorized to exercise the power of14 |
|---|
| 26 | + | arrest and who is employed or appointed by the department, the Department of15 23 SB 159/CSFA |
|---|
| 27 | | - | - 1 - 23 LC 39 3898S |
|---|
| 28 | | - | (1) 'Inmate' means a prisoner, detainee, criminal suspect, immigration detainee, or other |
|---|
| 29 | | - | 17 |
|---|
| 30 | | - | person held, incarcerated, or detained in a place of incarceration, whether or not such18 |
|---|
| 31 | | - | person is inside or outside of such place of incarceration.19 |
|---|
| 32 | | - | (2) 'Place of incarceration' means any prison, probation detention center, jail, or20 |
|---|
| 33 | | - | institution, including any state, federal, local, or privately operated facility, used for the21 |
|---|
| 34 | | - | purpose of incarcerating criminals or detainees.22 |
|---|
| 35 | | - | (3) 'Telecommunications device' means a device, an apparatus associated with a device,23 |
|---|
| 36 | | - | or a component of a device that enables, or may be used to enable, communication with24 |
|---|
| 37 | | - | a person outside a place of incarceration, including a telephone, cellular telephone,25 |
|---|
| 38 | | - | personal digital assistant, transmitting radio, or computer connected or capable of being26 |
|---|
| 39 | | - | connected to a computer network, by wireless or other technology, or otherwise capable27 |
|---|
| 40 | | - | of communicating with a person or device outside of a place of incarceration.28 |
|---|
| 41 | | - | (4) 'Warden or superintendent' means the commissioner or any warden, superintendent,29 |
|---|
| 42 | | - | sheriff, chief jailor |
|---|
| 43 | | - | jailer, or other person who is responsible for the overall management30 |
|---|
| 44 | | - | and operation of a place of incarceration.31 |
|---|
| 45 | | - | (b) It shall be unlawful for any person to obtain for, to procure for, or to give to an inmate32 |
|---|
| 46 | | - | a gun, pistol, or any other weapon; any intoxicating liquor; amphetamines, biphetamines,33 |
|---|
| 47 | | - | or any other hallucinogenic drugs or other drugs, regardless of the amount; any34 |
|---|
| 48 | | - | telecommunications device; or any other article or item without the authorization of the35 |
|---|
| 49 | | - | warden or superintendent or his or her designee.36 |
|---|
| 50 | | - | (b.1) It shall be unlawful for any person to obtain for, to procure for, or to give to an37 |
|---|
| 51 | | - | inmate tobacco or any product containing tobacco without the authorization of the warden38 |
|---|
| 52 | | - | or superintendent or his or her designee.39 |
|---|
| 53 | | - | (c) It shall be unlawful for an inmate to possess a gun, pistol, or any other weapon; any40 |
|---|
| 54 | | - | intoxicating liquor; tobacco or any product containing tobacco; amphetamines,41 |
|---|
| 55 | | - | biphetamines, or any other hallucinogenic drugs or other drugs, regardless of the amount;42 |
|---|
| 28 | + | - 2 - |
|---|
| 29 | + | Community Supervision, by the State Board of Pardons and Paroles, or by a local16 |
|---|
| 30 | + | government as a law enforcement officer for a jail or other detention center.17 |
|---|
| 31 | + | (2) 'Stand-alone electronic device' means a device other than a wireless18 |
|---|
| 32 | + | telecommunications device which stores audio or video data files to be retrieved on19 |
|---|
| 33 | + | demand by a user.20 |
|---|
| 34 | + | (3) 'Wireless telecommunications device' means a cellular telephone, a portable21 |
|---|
| 35 | + | telephone, a text-messaging device, a personal digital assistant, a stand-alone computer,22 |
|---|
| 36 | + | a global positioning system receiver, or substantially similar portable wireless device that23 |
|---|
| 37 | + | is used to initiate or receive communication, information, or data. Such term shall not24 |
|---|
| 38 | + | include a radio, citizens band radio, citizens band radio hybrid, commercial two-way25 |
|---|
| 39 | + | radio communication device or its functional equivalent, subscription based emergency26 |
|---|
| 40 | + | communication device, prescribed medical device, amateur or ham radio device, or27 |
|---|
| 41 | + | in-vehicle security, navigation, or remote diagnostics system.28 |
|---|
| 42 | + | (b) It shall be unlawful for any person to come inside the guard lines established at any29 |
|---|
| 43 | + | state or county correctional institution with a gun, pistol, or any other weapon or with or30 |
|---|
| 44 | + | under the influence of any intoxicating liquor, amphetamines, biphetamines, or any other31 |
|---|
| 45 | + | hallucinogenic or other drugs, without the knowledge or consent of the warden,32 |
|---|
| 46 | + | superintendent, or his or her designated representative.33 |
|---|
| 47 | + | (b)(c) It shall be unlawful for any person to come inside the guard lines established at any34 |
|---|
| 48 | + | state or county correctional institution with a wireless telecommunications device or a35 |
|---|
| 49 | + | stand-alone electronic device, without the knowledge or consent of the warden,36 |
|---|
| 50 | + | superintendent, or his or her designated representative.37 |
|---|
| 51 | + | (d)(1) Any person other than a correctional officer who violates subsection (c) of this38 |
|---|
| 52 | + | Code section shall be guilty of a felony punishable by imprisonment for not less than one39 |
|---|
| 53 | + | year nor more than ten years.40 |
|---|
| 54 | + | (2) Any person who violates subsection (b) of this Code section, and any correctional41 |
|---|
| 55 | + | officer who violates subsection (c) of this Code section, shall be guilty of a felony and,42 23 SB 159/CSFA |
|---|
| 57 | | - | - 2 - 23 LC 39 3898S |
|---|
| 58 | | - | a telecommunications device; or any other item without the authorization of the warden or |
|---|
| 59 | | - | 43 |
|---|
| 60 | | - | superintendent or his or her designee.44 |
|---|
| 61 | | - | (d)(1) An inmate who commits or attempts to commit a violation of subsection (c) of this45 |
|---|
| 62 | | - | Code section shall be guilty of a felony and, upon conviction thereof, shall be imprisoned46 |
|---|
| 63 | | - | for not less than one nor more than five years; provided, however, that, |
|---|
| 64 | | - | if an inmate47 |
|---|
| 65 | | - | violates this Code section while being held pursuant to an arrest or conviction for a48 |
|---|
| 66 | | - | misdemeanor offense, the possession of a telecommunications device in violation of this49 |
|---|
| 67 | | - | Code section shall be treated as a misdemeanor.50 |
|---|
| 68 | | - | (2) Except as otherwise provided in paragraph (4) of this subsection, any A person who51 |
|---|
| 69 | | - | commits or attempts to commit a violation of subsection (b) of this Code section shall be52 |
|---|
| 70 | | - | guilty of a felony and, upon conviction thereof, shall be sentenced to a mandatory53 |
|---|
| 71 | | - | minimum term of imprisonment of two ten years but not more than ten years, and no54 |
|---|
| 72 | | - | portion of the mandatory minimum sentence imposed shall be suspended, stayed,55 |
|---|
| 73 | | - | probated, deferred, or withheld by the sentencing court.56 |
|---|
| 74 | | - | (3) Except as otherwise provided for in paragraph (4) of this subsection, any A person57 |
|---|
| 75 | | - | who commits or attempts to commit a violation of subsection (b.1) of this Code section58 |
|---|
| 76 | | - | shall be guilty of a felony and, upon conviction thereof, shall be imprisoned for not less59 |
|---|
| 77 | | - | than one nor more than five years.60 |
|---|
| 78 | | - | (4) An employee or contractor of the department who commits or attempts to commit a61 |
|---|
| 79 | | - | violation of subsection (b) or (b.1) of this Code section shall be guilty of a felony and,62 |
|---|
| 80 | | - | upon conviction thereof, shall be sentenced to a term of imprisonment of ten years.63 |
|---|
| 81 | | - | (e)(1) It shall be unlawful for an inmate to possess a stored value card, the account64 |
|---|
| 82 | | - | number of a stored value card, or the personal identification number of a stored value65 |
|---|
| 83 | | - | card.66 |
|---|
| 84 | | - | (2) It shall be unlawful for any person to obtain for, to procure for, or to give an inmate67 |
|---|
| 85 | | - | a stored value card, the account number of a stored value card, or the personal68 |
|---|
| 86 | | - | identification number of a stored value card.69 |
|---|
| 87 | | - | S. B. 159 |
|---|
| 88 | | - | - 3 - 23 LC 39 3898S |
|---|
| 89 | | - | (3) A person who commits a violation of this subsection shall be guilty of a felony and, |
|---|
| 90 | | - | 70 |
|---|
| 91 | | - | upon conviction thereof, shall be sentenced to a term of imprisonment of not less than one71 |
|---|
| 92 | | - | nor more than ten years, unless the judge imposes a misdemeanor sentence pursuant to72 |
|---|
| 93 | | - | Code Section 17-10-5.73 |
|---|
| 94 | | - | (f)(1) It shall be unlawful for any person to intentionally use an unmanned aircraft74 |
|---|
| 95 | | - | system to violate the provisions of subsection (b) or (b.1) of this Code section.75 |
|---|
| 96 | | - | (2)(A) It shall be unlawful for any person to intentionally photograph or otherwise76 |
|---|
| 97 | | - | record images of a place of incarceration through the use of an unmanned aircraft77 |
|---|
| 98 | | - | system for purposes of committing a criminal offense.78 |
|---|
| 99 | | - | (B) Any person may secure prior authorization from the warden or the superintendent,79 |
|---|
| 100 | | - | or his or her designated representative, of such place of incarceration for photographing80 |
|---|
| 101 | | - | or recording as evidence of a noncriminal intent; provided, however, that failure to81 |
|---|
| 102 | | - | secure such prior authorization shall not evidence a criminal intent.82 |
|---|
| 103 | | - | (3) Any person who commits or attempts to commit a violation of this subsection shall83 |
|---|
| 104 | | - | be guilty of a felony and, upon conviction thereof, shall be sentenced as follows:84 |
|---|
| 105 | | - | (A) Any person convicted of a violation of paragraph (1) of this subsection shall be85 |
|---|
| 106 | | - | imprisoned for not less than one nor more than ten years; and86 |
|---|
| 107 | | - | (B) Any person convicted of paragraph (2) of this subsection shall be imprisoned for87 |
|---|
| 108 | | - | not less than one |
|---|
| 109 | | - | five nor more than five ten years.88 |
|---|
| 110 | | - | (4) For purposes of this Code section, the term 'unmanned aircraft system' shall have the89 |
|---|
| 111 | | - | same meaning as provided for in Code Section 6-1-4."90 |
|---|
| 112 | | - | SECTION 2.91 |
|---|
| 113 | | - | All laws and parts of laws in conflict with this Act are repealed.92 |
|---|
| 114 | | - | S. B. 159 |
|---|
| 115 | | - | - 4 - |
|---|
| 57 | + | - 3 - |
|---|
| 58 | + | upon conviction thereof, shall be punished by imprisonment for not less than one year nor43 |
|---|
| 59 | + | more than four years a minimum term of imprisonment of ten years, which may be44 |
|---|
| 60 | + | suspended, stayed, probated, deferred, or withheld by the sentencing court."45 |
|---|
| 61 | + | SECTION 2.46 |
|---|
| 62 | + | All laws and parts of laws in conflict with this Act are repealed. 47 |
|---|