23 LC 39 3898S
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
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 state and counties, so as2
to revise punishment provisions relative to prohibited items in possession by inmates; to3
provide for enhanced punishment for violations committed by department employees or4
contractors; to revise punishment provisions relative to unauthorized photography or5
recording of a place of incarceration using unmanned aircraft; to provide for related matters;6
to repeal conflicting laws; and for other purposes.7
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8
SECTION 1.9
Article 1 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to10
general provisions regarding correctional institutions of state and counties, is amended by11
revising Code Section 42-5-18, relating to items prohibited for possession by inmates,12
warden's authorization, penalty, and use of unmanned aircraft to accomplish violations, as13
follows:14
"42-5-18.15
(a) As used in this Code section, the term:16
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(1) 'Inmate' means a prisoner, detainee, criminal suspect, immigration detainee, or other
17
person held, incarcerated, or detained in a place of incarceration, whether or not such18
person is inside or outside of such place of incarceration.19
(2) 'Place of incarceration' means any prison, probation detention center, jail, or20
institution, including any state, federal, local, or privately operated facility, used for the21
purpose of incarcerating criminals or detainees.22
(3) 'Telecommunications device' means a device, an apparatus associated with a device,23
or a component of a device that enables, or may be used to enable, communication with24
a person outside a place of incarceration, including a telephone, cellular telephone,25
personal digital assistant, transmitting radio, or computer connected or capable of being26
connected to a computer network, by wireless or other technology, or otherwise capable27
of communicating with a person or device outside of a place of incarceration.28
(4) 'Warden or superintendent' means the commissioner or any warden, superintendent,29
sheriff, chief jailor
jailer, or other person who is responsible for the overall management30
and operation of a place of incarceration.31
(b) It shall be unlawful for any person to obtain for, to procure for, or to give to an inmate32
a gun, pistol, or any other weapon; any intoxicating liquor; amphetamines, biphetamines,33
or any other hallucinogenic drugs or other drugs, regardless of the amount; any34
telecommunications device; or any other article or item without the authorization of the35
warden or superintendent or his or her designee.36
(b.1) It shall be unlawful for any person to obtain for, to procure for, or to give to an37
inmate tobacco or any product containing tobacco without the authorization of the warden38
or superintendent or his or her designee.39
(c) It shall be unlawful for an inmate to possess a gun, pistol, or any other weapon; any40
intoxicating liquor; tobacco or any product containing tobacco; amphetamines,41
biphetamines, or any other hallucinogenic drugs or other drugs, regardless of the amount;42
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a telecommunications device; or any other item without the authorization of the warden or
43
superintendent or his or her designee.44
(d)(1) An inmate who commits or attempts to commit a violation of subsection (c) of this45
Code section shall be guilty of a felony and, upon conviction thereof, shall be imprisoned46
for not less than one nor more than five years; provided, however, that,
if an inmate47
violates this Code section while being held pursuant to an arrest or conviction for a48
misdemeanor offense, the possession of a telecommunications device in violation of this49
Code section shall be treated as a misdemeanor.50
(2) Except as otherwise provided in paragraph (4) of this subsection, any A person who51
commits or attempts to commit a violation of subsection (b) of this Code section shall be52
guilty of a felony and, upon conviction thereof, shall be sentenced to a mandatory53
minimum term of imprisonment of two ten years but not more than ten years, and no54
portion of the mandatory minimum sentence imposed shall be suspended, stayed,55
probated, deferred, or withheld by the sentencing court.56
(3) Except as otherwise provided for in paragraph (4) of this subsection, any A person57
who commits or attempts to commit a violation of subsection (b.1) of this Code section58
shall be guilty of a felony and, upon conviction thereof, shall be imprisoned for not less59
than one nor more than five years.60
(4) An employee or contractor of the department who commits or attempts to commit a61
violation of subsection (b) or (b.1) of this Code section shall be guilty of a felony and,62
upon conviction thereof, shall be sentenced to a term of imprisonment of ten years.63
(e)(1) It shall be unlawful for an inmate to possess a stored value card, the account64
number of a stored value card, or the personal identification number of a stored value65
card.66
(2) It shall be unlawful for any person to obtain for, to procure for, or to give an inmate67
a stored value card, the account number of a stored value card, or the personal68
identification number of a stored value card.69
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(3) A person who commits a violation of this subsection shall be guilty of a felony and,
70
upon conviction thereof, shall be sentenced to a term of imprisonment of not less than one71
nor more than ten years, unless the judge imposes a misdemeanor sentence pursuant to72
Code Section 17-10-5.73
(f)(1) It shall be unlawful for any person to intentionally use an unmanned aircraft74
system to violate the provisions of subsection (b) or (b.1) of this Code section.75
(2)(A) It shall be unlawful for any person to intentionally photograph or otherwise76
record images of a place of incarceration through the use of an unmanned aircraft77
system for purposes of committing a criminal offense.78
(B) Any person may secure prior authorization from the warden or the superintendent,79
or his or her designated representative, of such place of incarceration for photographing80
or recording as evidence of a noncriminal intent; provided, however, that failure to81
secure such prior authorization shall not evidence a criminal intent.82
(3) Any person who commits or attempts to commit a violation of this subsection shall83
be guilty of a felony and, upon conviction thereof, shall be sentenced as follows:84
(A) Any person convicted of a violation of paragraph (1) of this subsection shall be85
imprisoned for not less than one nor more than ten years; and86
(B) Any person convicted of paragraph (2) of this subsection shall be imprisoned for87
not less than one
five nor more than five ten years.88
(4) For purposes of this Code section, the term 'unmanned aircraft system' shall have the89
same meaning as provided for in Code Section 6-1-4."90
SECTION 2.91
All laws and parts of laws in conflict with this Act are repealed.92
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