24 LC 48 1316S
The House Committee on Judiciary Non-Civil offers the following substitute to SB 36:
A BILL TO BE ENTITLED
AN ACT
To amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and1
offenses, so as to increase the penalty provisions relating to pimping and pandering; to2
provide for a definition; to provide for certain relief for trafficking victims who have been3
conditionally discharged or sentenced as a first offender for certain crimes; to provide for the4
unauthorized carrying of weapons or long guns in certain locations; to amend Article 2 of5
Chapter 4 of Title 17 of the Official Code of Georgia Annotated, relating to arrest by law6
enforcement officers generally, so as to revise authority for arrests without warrant; to7
authorize federal law enforcement officers; to detain persons under certain circumstances;8
to provide for revocation of such authority; to provide for a definition; to make conforming9
changes; to provide for related matters; to repeal conflicting laws; and for other purposes.10
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:11
SECTION 1.12
Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is13
amended in Code Section 16-6-13, relating to penalties for violating Code Sections 16-6-914
through 16-6-12, by revising subsections (a) and (b) as follows:15
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"(a) Except as otherwise provided in subsection (b) of this Code section, a person16
convicted of violating:17
(1) Code Section 16-6-10 shall be punished as for a misdemeanor of a high and18
aggravated nature, and at the sole discretion of the judge, all but 24 hours of any term of19
imprisonment imposed may be suspended, stayed, or probated;20
(2) Code Section 16-6-9 shall be punished as for a misdemeanor;21
(3) Code Section 16-6-11 for a:22
(A) First offense shall be punished as for a misdemeanor of a high and aggravated23
nature, and at the sole discretion of the judge, all but 72 hours of any term of24
imprisonment imposed may be suspended, stayed, or probated guilty of a felony and25
shall be punished by a term of imprisonment of not less than one nor more than ten26
years; and27
(B) Second or subsequent offense shall be guilty of a felony and shall be punished by28
a term of imprisonment of not less than one year nor more than ten years and shall be29
sentenced to a mandatory minimum term of imprisonment of one year and no portion30
of the mandatory minimum sentence imposed shall be suspended, stayed, or probated31
by the sentencing court; provided, however, that in the court's discretion, the court may32
depart from such mandatory minimum sentence if the interest of justice will not be33
served by the imposition of the prescribed mandatory minimum, with such findings34
stated on the record by the court; or35
(4) Code Section 16-6-12 for a:36
(A) First offense shall be punished as for a misdemeanor of a high and aggravated37
nature, and at the sole discretion of the judge, all but 72 hours of any term of38
imprisonment imposed may be suspended, stayed, or probated guilty of a felony and39
shall be punished by a term of imprisonment of not less than one nor more than ten40
years; and41
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(B) Second or subsequent offense shall be guilty of a felony and shall be punished by42
a term of imprisonment of not less than one year nor more than ten years and shall be43
sentenced to a mandatory minimum term of imprisonment of one year and no portion44
of the mandatory minimum sentence imposed shall be suspended, stayed, or probated45
by the sentencing court; provided, however, that in the court's discretion, the court may46
depart from such mandatory minimum sentence if the interest of justice will not be47
served by the imposition of the prescribed mandatory minimum, with such findings48
stated on the record by the court.49
(b)(1) For purposes of this subsection, the term 'victim of sexual exploitation' means a50
person 18 years of age or younger who performs or offers or consents to perform a sexual51
act, including, but not limited to, sexual intercourse or sodomy, for money or other items52
of value. Reserved.53
(2) A person convicted of any of the offenses enumerated in Code Sections 16-6-1054
through 16-6-12 when such offense involves the conduct of a person under the age of 1855
years shall victim of sexual exploitation for a:56
(A) First offense shall be guilty of a felony and shall be punished by imprisonment for57
a period of not less than ten nor more than 30 years and a fine of not more than58
$100,000.00; and59
(B) Second or subsequent offense shall be guilty of a felony and shall be punished by60
imprisonment for a period of not less than ten nor more than 30 years and a fine of not61
more than $100,000.00 and shall be sentenced to a mandatory minimum term of62
imprisonment of one year and no portion of the mandatory minimum sentence imposed63
shall be suspended, stayed, or probated by the sentencing court; provided, however, that64
in the court's discretion, the court may depart from such mandatory minimum sentence65
if the interest of justice will not be served by the imposition of the prescribed66
mandatory minimum, with such findings stated on the record by the court; and67
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provided, further, that the mandatory minimum sentence provided for in this68
subparagraph shall not apply to the offenses enumerated in Code Section 16-6-10."69
SECTION 2.70
Said title is further amended in Code Section 16-11-127, relating to carrying weapons or long71
guns in unauthorized locations, by revising paragraphs (6) and (7) of and adding a new72
paragraph to subsection (b) to read as follows:73
"(6) On the premises of a nuclear power facility, except as provided in Code Section74
16-11-127.2, and the punishment provisions of Code Section 16-11-127.2 shall supersede75
the punishment provisions of this Code section; or76
(7) Within 150 feet of any polling place when elections are being conducted and such77
polling place is being used as a polling place as provided for in paragraph (27) of Code78
Section 21-2-2, except as provided in subsection (i) of Code Section 21-2-413; or79
(8) On property described in Code Section 10-9-14.1; or on property described in Code80
Section 36-64-2 when the property is being used by a private party to host a gated,81
permitted, and ticketed event or events, where alcohol is permitted to be sold. This82
paragraph applies only when the private party has either entered into a lease of five or83
more years allowing for the use of the property or when such private party has:84
(A) Contractually agreed to indemnify the government for acts occurring on the85
property during the event or events;86
(B) Provided at least a six-foot fence to mark the borders of the event;87
(C) Provided for the presence of peace officers or other individuals licensed to provide88
security at gated points of entry; and89
(D) Limited entry to guests willing to pass through a magnetometer or similar90
technology, additional security at gated points of entry, and observed by peace officers91
or other individuals licensed to provide security."92
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SECTION 3.93
Article 2 of Chapter 4 of Title 17 of the Official Code of Georgia Annotated, relating to94
arrest by law enforcement officers generally, is amended by revising Code Section 17-4-20,95
relating to authorization of arrests with and without warrants generally, use of deadly force,96
adoption or promulgation of conflicting regulations, policies, ordinances, and resolutions,97
and authority of nuclear power facility security officer, as follows:98
"17-4-20.99
(a)(1) An arrest for a crime may be made by a A law enforcement officer of this state or100
of any county, municipality, or other political subdivision of this state may arrest a person101
accused of violating the penal laws of this state:102
(A) Under a warrant; or103
(B) Without a warrant if for an offense alleged to have been committed within the104
jurisdiction of the law enforcement agency by which he or she is employed when:105
(i) The offense is committed in such officer's presence or within such officer's106
immediate knowledge;107
(ii) The offender is endeavoring to escape;108
(iii) The officer has probable cause to believe that an act of family violence, as109
defined in Code Section 19-13-1, has been committed;110
(iv) The officer has probable cause to believe that the offender has violated a criminal111
family violence order, as defined in Code Section 16-5-95; provided, however, that112
such officer shall not have any prior or current familial relationship with the alleged113
victim or the offender;114
(v) The officer has probable cause to believe that an offense involving physical abuse115
has been committed against a vulnerable adult, who shall be for the purposes of this116
subsection a person 18 years old or older who is unable to protect himself or herself117
from physical or mental abuse because of a physical or mental impairment; or118
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(vi) For other cause there is likely to be failure of justice for want of a judicial officer119
to issue a warrant.; or120
(2)(C) Except where otherwise provided by law with respect to a law enforcement121
officer's jurisdictional duties and limitations, a law enforcement officer may make an122
arrest without a warrant for an offense alleged to have been committed outside of the123
jurisdiction of the law enforcement agency by which he or she is employed without a124
warrant when:125
(A)(i) The If the offense is committed in such officer's presence or within such126
officer's immediate knowledge;127
(B)(ii) In When in immediate pursuit of an offender for an offense committed within128
the jurisdiction of the law enforcement agency that employs such law enforcement129
officer; or130
(C)(iii) Aiding While aiding or assisting another law enforcement officer in the131
jurisdiction of the law enforcement agency employing such other law enforcement132
officer.133
(3)(2) Nothing in subparagraph (C) of paragraph (2) (1) of this subsection shall be134
construed as limiting sheriffs or deputy sheriffs in the performance of the duties and135
responsibilities imposed on them by the Constitution and laws of this state.136
(b)(1) For purposes of this subsection, the term 'federal law enforcement officer' means137
a person:138
(A) Employed by the United States government as a full-time sworn criminal law139
enforcement officer or agent;140
(B) In good standing with his or her employing federal agency;141
(C) Authorized to carry a firearm in the performance of his or her official duties; and142
(D) Empowered to arrest persons for criminal violations of the United States Code.143
(2) A federal law enforcement officer may detain a person upon request of a law144
enforcement officer of this state or of any county, municipality, or other political145
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subdivision of this state for purposes of aiding or assisting such law enforcement officer146
for an offense alleged to have been committed within the jurisdiction of such officer147
under a warrant or without a warrant. Such request may be retracted by the requesting148
law enforcement officer at any time and the authority to detain provided by this paragraph149
shall cease upon such retraction.150
(b)(c) Sheriffs and law enforcement officers employed or appointed as peace officers who151
are appointed or employed in conformity with Chapter 8 of Title 35 may use deadly force152
to apprehend a suspected felon only when the officer reasonably believes that the suspect153
possesses a deadly weapon or any object, device, or instrument which, when used154
offensively against a person, is likely to or actually does result in serious bodily injury;155
when the officer reasonably believes that the suspect poses an immediate threat of physical156
violence to the officer or others; or when there is probable cause to believe that the suspect157
has committed a crime involving the infliction or threatened infliction of serious physical158
harm. Nothing in this Code section subsection shall be construed so as to restrict such159
sheriffs or peace officers from the use of such reasonable nondeadly force as may be160
necessary to apprehend and arrest a suspected felon or misdemeanant.161
(c)(d) Nothing in this Code section shall be construed so as to restrict the use of deadly162
force by employees of state and county correctional institutions, jails, and other places of163
lawful confinement or by peace law enforcement officers of any agency in the State of164
Georgia this state when reasonably necessary to prevent escapes or apprehend escapees165
from such institutions.166
(d)(e) No law enforcement agency of this state or of any political subdivision of this state167
shall adopt or promulgate any rule, regulation, or policy which prohibits a peace law168
enforcement officer from using that degree of force to apprehend a suspected felon which169
is allowed by the statutory and case law of this state.170
(e)(f) Each peace law enforcement officer shall be provided with a copy of this Code171
section. Training regarding elder abuse, abuse of vulnerable adults, and the requirements172
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of this Code section should be offered as part of at least one in-service training program173
each year conducted by or on behalf of each law enforcement department and agency in174
this state.175
(f)(g) A nuclear power facility security officer, including a contract security officer,176
employed by a federally licensed nuclear power facility or licensee thereof for the purpose177
of securing that facility shall have the authority to:178
(1) Threaten or use force against another in defense of a federally licensed nuclear power179
facility and the persons therein as provided for under Code Sections 16-3-21 and 16-3-23;180
(2) Search any person on the premises of the nuclear power facility or the properties181
adjacent to the facility if the facility is under imminent threat or danger pursuant to a182
written agreement entered into with the local enforcement agency having jurisdiction183
over the facility for the purpose of determining if such person possesses unauthorized184
weapons, explosives, or other similarly prohibited material; provided, however, that if185
such person objects to any search, he or she shall be detained as provided in paragraph (3)186
of this subsection or shall be required to immediately vacate the premises. Any person187
refusing to submit to a search and refusing to vacate the premises of a facility upon the188
request of a security officer as provided for in this Code section shall be guilty of a189
misdemeanor; and190
(3) In accordance with a nuclear security plan approved by the United States Nuclear191
Regulatory Commission or other federal agency authorized to regulate nuclear facility192
security, detain any person located on the premises of a nuclear power facility or on the193
properties adjacent thereto if the facility is under imminent threat or danger pursuant to194
a written agreement entered into with the local law enforcement agency having195
jurisdiction over the facility, where there is reasonable suspicion to believe that such196
person poses a threat to the security of the nuclear power facility, regardless of whether197
such prohibited act occurred in the officer's presence. In the event of such detention, the198
law enforcement agency having jurisdiction over the facility shall be immediately199
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contacted. The detention shall not exceed the amount of time reasonably necessary to200
allow for law enforcement officers to arrive at the facility."201
SECTION 4.202
All laws and parts of laws in conflict with this Act are repealed.203
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