GA
Georgia Senate Bill SB36

Georgia 2023-2024 Regular Session

Georgia Senate Bill SB36 Compare Versions

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1-24 LC 48 1329S
1+24 LC 48 1316S
22 The House Committee on Judiciary Non-Civil offers the following substitute to SB 36:
33 A BILL TO BE ENTITLED
44 AN ACT
55 To amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and1
6-offenses, so as to enact the "Colton-McNeill Act"; to provide for sentencing of a person2
7-convicted of cruelty to children in the first or second degree against a disabled minor; to3
8-provide a definition; to provide for deviation from certain minimum sentences; to increase4
9-the penalty provisions relating to pimping and pandering; to include step-grandparent and5
10-step-grandchild relationship relative to the offense of incest; to prohibit distribution of6
11-computer generated obscene material depicting a child; to amend Article 2 of Chapter 4 of7
12-Title 17 of the Official Code of Georgia Annotated, relating to arrest by law enforcement8
13-officers generally, so as to authorize federal law enforcement officers to detain persons under9
14-certain circumstances; to provide for revocation of such authority; to provide for a definition;10
15-to provide for related matters; to provide for applicability; to repeal conflicting laws; and for11
16-other purposes.12
17-BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:13
6+offenses, so as to increase the penalty provisions relating to pimping and pandering; to2
7+provide for a definition; to provide for certain relief for trafficking victims who have been3
8+conditionally discharged or sentenced as a first offender for certain crimes; to provide for the4
9+unauthorized carrying of weapons or long guns in certain locations; to amend Article 2 of5
10+Chapter 4 of Title 17 of the Official Code of Georgia Annotated, relating to arrest by law6
11+enforcement officers generally, so as to revise authority for arrests without warrant; to7
12+authorize federal law enforcement officers; to detain persons under certain circumstances;8
13+to provide for revocation of such authority; to provide for a definition; to make conforming9
14+changes; to provide for related matters; to repeal conflicting laws; and for other purposes.10
15+BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:11
16+SECTION 1.12
17+Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is13
18+amended in Code Section 16-6-13, relating to penalties for violating Code Sections 16-6-914
19+through 16-6-12, by revising subsections (a) and (b) as follows:15
1820 S. B. 36 (SUB)
19-- 1 - 24 LC 48 1329S
20-PART I14
21-SECTION 1-1.15
22-Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is16
23-amended by revising Code Section 16-5-70, relating to cruelty to children, as follows:17
24-"16-5-70.18
25-(a)(1) This Code section shall be known and may be cited as the 'Colton-McNeill Act.'19
26-(2) As used in this Code section, the term 'disabled minor' means any person under the20
27-age of 18 who has a physical or mental impairment, who has a record of such impairment,21
28-and whose impairment substantially affects one or more of the following:22
29-(A) Such person's ability to perform two or more activities of daily living at an23
30-age-appropriate level;24
31-(B) Such person's mobility to the extent that daily assistance from another person is25
32-required and would otherwise not be required but for the impairment;26
33-(C) Such person's cognitive ability or brain development to the extent that daily27
34-assistance from another person is required and would otherwise not be required but for28
35-the impairment; or29
36-(D) Such person's physical or cognitive development to the extent that he or she is or30
37-will be permanently and profoundly disabled.31
38-(b) A parent, guardian, or other person supervising the welfare of or having immediate32
39-charge or custody of a child under the age of 18 commits the offense of cruelty to children33
40-in the first degree when such person willfully deprives the child of necessary sustenance34
41-to the extent that the child's health or well-being is jeopardized.35
42-(b)(c) Any person commits the offense of cruelty to children in the first degree when such36
43-person maliciously causes a child under the age of 18 cruel or excessive physical or mental37
44-pain.38
21+- 1 - 24 LC 48 1316S
22+"(a) Except as otherwise provided in subsection (b) of this Code section, a person16
23+convicted of violating:17
24+(1) Code Section 16-6-10 shall be punished as for a misdemeanor of a high and18
25+aggravated nature, and at the sole discretion of the judge, all but 24 hours of any term of19
26+imprisonment imposed may be suspended, stayed, or probated;20
27+(2) Code Section 16-6-9 shall be punished as for a misdemeanor;21
28+(3) Code Section 16-6-11 for a:22
29+(A) First offense shall be punished as for a misdemeanor of a high and aggravated23
30+nature, and at the sole discretion of the judge, all but 72 hours of any term of24
31+imprisonment imposed may be suspended, stayed, or probated guilty of a felony and25
32+shall be punished by a term of imprisonment of not less than one nor more than ten26
33+years; and27
34+(B) Second or subsequent offense shall be guilty of a felony and shall be punished by28
35+a term of imprisonment of not less than one year nor more than ten years and shall be29
36+sentenced to a mandatory minimum term of imprisonment of one year and no portion30
37+of the mandatory minimum sentence imposed shall be suspended, stayed, or probated31
38+by the sentencing court; provided, however, that in the court's discretion, the court may32
39+depart from such mandatory minimum sentence if the interest of justice will not be33
40+served by the imposition of the prescribed mandatory minimum, with such findings34
41+stated on the record by the court; or35
42+(4) Code Section 16-6-12 for a:36
43+(A) First offense shall be punished as for a misdemeanor of a high and aggravated37
44+nature, and at the sole discretion of the judge, all but 72 hours of any term of38
45+imprisonment imposed may be suspended, stayed, or probated guilty of a felony and39
46+shall be punished by a term of imprisonment of not less than one nor more than ten40
47+years; and41
4548 S. B. 36 (SUB)
46-- 2 - 24 LC 48 1329S
47-(c)(d) Any person commits the offense of cruelty to children in the second degree when39
48-such person with criminal negligence causes a child under the age of 18 cruel or excessive40
49-physical or mental pain.41
50-(d)(e) Any person commits the offense of cruelty to children in the third degree when:42
51-(1) Such person, who is the primary aggressor, intentionally allows a child under the age43
52-of 18 to witness the commission of a forcible felony, battery, or family violence battery;44
53-or45
54-(2) Such person, who is the primary aggressor, having knowledge that a child under the46
55-age of 18 is present and sees or hears the act, commits a forcible felony, battery, or family47
56-violence battery.48
57-(e)(f)(1) A person convicted of the offense of cruelty to children in the first degree as49
58-provided in this Code section shall be punished by imprisonment for not less than five nor50
59-more than 20 years.51
60-(2) A person convicted of the offense of cruelty to children in the second degree shall be52
61-punished by imprisonment for not less than one nor more than ten years.53
62-(3) A person convicted of the offense of cruelty to children in the third degree shall be54
63-punished as for a misdemeanor upon the first or second conviction. Upon conviction of55
64-a third or subsequent offense of cruelty to children in the third degree, the defendant shall56
65-be guilty of a felony and shall be sentenced to a fine not less than $1,000.00 nor more57
66-than $5,000.00 or imprisonment for not less than one year nor more than three years or58
67-shall be sentenced to both fine and imprisonment.59
68-(4)(A) A person convicted of the offense of cruelty to children in the first degree60
69-against a disabled minor shall be punished by imprisonment for not less than 15 nor61
70-more than 30 years.62
71-(B)(i) A person convicted of the offense of cruelty to children in the second degree63
72-against a disabled minor shall be punished by imprisonment for not less than ten nor64
73-more than 20 years.65
49+- 2 - 24 LC 48 1316S
50+(B) Second or subsequent offense shall be guilty of a felony and shall be punished by42
51+a term of imprisonment of not less than one year nor more than ten years and shall be43
52+sentenced to a mandatory minimum term of imprisonment of one year and no portion44
53+of the mandatory minimum sentence imposed shall be suspended, stayed, or probated45
54+by the sentencing court; provided, however, that in the court's discretion, the court may46
55+depart from such mandatory minimum sentence if the interest of justice will not be47
56+served by the imposition of the prescribed mandatory minimum, with such findings48
57+stated on the record by the court.49
58+(b)(1) For purposes of this subsection, the term 'victim of sexual exploitation' means a50
59+person 18 years of age or younger who performs or offers or consents to perform a sexual51
60+act, including, but not limited to, sexual intercourse or sodomy, for money or other items52
61+of value. Reserved.53
62+(2) A person convicted of any of the offenses enumerated in Code Sections 16-6-1054
63+through 16-6-12 when such offense involves the conduct of a person under the age of 1855
64+years shall victim of sexual exploitation for a:56
65+(A) First offense shall be guilty of a felony and shall be punished by imprisonment for57
66+a period of not less than ten nor more than 30 years and a fine of not more than58
67+$100,000.00; and59
68+(B) Second or subsequent offense shall be guilty of a felony and shall be punished by60
69+imprisonment for a period of not less than ten nor more than 30 years and a fine of not61
70+more than $100,000.00 and shall be sentenced to a mandatory minimum term of62
71+imprisonment of one year and no portion of the mandatory minimum sentence imposed63
72+shall be suspended, stayed, or probated by the sentencing court; provided, however, that64
73+in the court's discretion, the court may depart from such mandatory minimum sentence65
74+if the interest of justice will not be served by the imposition of the prescribed66
75+mandatory minimum, with such findings stated on the record by the court; and67
7476 S. B. 36 (SUB)
75-- 3 - 24 LC 48 1329S
76-(ii) In the court's discretion, a judge may depart from the mandatory minimum66
77-sentence specified in division (i) of this subparagraph if the judge concludes that the67
78-interests of justice will not be served by the imposition of the prescribed mandatory68
79-minimum sentence. If a judge departs from the mandatory minimum sentence69
80-pursuant to this division, the judge shall specify on the record the reasons for the70
81-reduction and the interests served by such departure."71
82-PART II 72
83-SECTION 2-1.73
84-Said title is further amended in Code Section 16-6-13, relating to penalties for violating Code74
85-Sections 16-6-9 through 16-6-12, by revising subsection (a) as follows:75
86-"(a) Except as otherwise provided in subsection (b) of this Code section, a person76
87-convicted of violating:77
88-(1) Code Section 16-6-10 shall be punished as for a misdemeanor of a high and78
89-aggravated nature, and at the sole discretion of the judge, all but 24 hours of any term of79
90-imprisonment imposed may be suspended, stayed, or probated;80
91-(2) Code Section 16-6-9 shall be punished as for a misdemeanor;81
92-(3) Code Section 16-6-11 for a:82
93-(A) First offense shall be punished as for a misdemeanor of a high and aggravated83
94-nature, and at the sole discretion of the judge, all but 72 hours of any term of84
95-imprisonment imposed may be suspended, stayed, or probated guilty of a felony and85
96-shall be punished by a term of imprisonment of not less than one nor more than ten86
97-years; and87
98-(B) Second or subsequent offense shall be guilty of a felony and shall be punished by88
99-a term of imprisonment of not less than one year nor more than ten years and shall be89
100-sentenced to a mandatory minimum term of imprisonment of three years and no portion90
77+- 3 - 24 LC 48 1316S
78+provided, further, that the mandatory minimum sentence provided for in this68
79+subparagraph shall not apply to the offenses enumerated in Code Section 16-6-10."69
80+SECTION 2.70
81+Said title is further amended in Code Section 16-11-127, relating to carrying weapons or long71
82+guns in unauthorized locations, by revising paragraphs (6) and (7) of and adding a new72
83+paragraph to subsection (b) to read as follows:73
84+"(6) On the premises of a nuclear power facility, except as provided in Code Section74
85+16-11-127.2, and the punishment provisions of Code Section 16-11-127.2 shall supersede75
86+the punishment provisions of this Code section; or76
87+(7) Within 150 feet of any polling place when elections are being conducted and such77
88+polling place is being used as a polling place as provided for in paragraph (27) of Code78
89+Section 21-2-2, except as provided in subsection (i) of Code Section 21-2-413; or79
90+(8) On property described in Code Section 10-9-14.1; or on property described in Code80
91+Section 36-64-2 when the property is being used by a private party to host a gated,81
92+permitted, and ticketed event or events, where alcohol is permitted to be sold. This82
93+paragraph applies only when the private party has either entered into a lease of five or83
94+more years allowing for the use of the property or when such private party has:84
95+(A) Contractually agreed to indemnify the government for acts occurring on the85
96+property during the event or events;86
97+(B) Provided at least a six-foot fence to mark the borders of the event;87
98+(C) Provided for the presence of peace officers or other individuals licensed to provide88
99+security at gated points of entry; and89
100+(D) Limited entry to guests willing to pass through a magnetometer or similar90
101+technology, additional security at gated points of entry, and observed by peace officers91
102+or other individuals licensed to provide security."92
101103 S. B. 36 (SUB)
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103-of the mandatory minimum sentence imposed shall be suspended, stayed, or probated91
104-by the sentencing court; provided, however, that in the court's discretion, the court may92
105-depart from such mandatory minimum sentence if the interest of justice will not be93
106-served by the imposition of the prescribed mandatory minimum, with such findings94
107-stated on the record by the court; or95
108-(4) Code Section 16-6-12 for a:96
109-(A) First offense shall be punished as for a misdemeanor of a high and aggravated97
110-nature, and at the sole discretion of the judge, all but 72 hours of any term of98
111-imprisonment imposed may be suspended, stayed, or probated guilty of a felony and99
112-shall be punished by a term of imprisonment of not less than one nor more than ten100
113-years; and101
114-(B) Second or subsequent offense shall be guilty of a felony and shall be punished by102
115-a term of imprisonment of not less than one year nor more than ten years and shall be103
116-sentenced to a mandatory minimum term of imprisonment of two years and no portion104
117-of the mandatory minimum sentence imposed shall be suspended, stayed, or probated105
118-by the sentencing court; provided, however, that in the court's discretion, the court may106
119-depart from such mandatory minimum sentence if the interest of justice will not be107
120-served by the imposition of the prescribed mandatory minimum, with such findings108
121-stated on the record by the court."109
122-SECTION 2-2.110
123-Said title is further amended in Code Section 16-6-22, relating to incest, is amended by111
124-revising paragraph (4) of subsection (a) as follows:112
125-"(4) Grandparent and grandchild of the whole blood or of the half blood or113
126-step-grandchild;"114
104+- 4 - 24 LC 48 1316S
105+SECTION 3.93
106+Article 2 of Chapter 4 of Title 17 of the Official Code of Georgia Annotated, relating to94
107+arrest by law enforcement officers generally, is amended by revising Code Section 17-4-20,95
108+relating to authorization of arrests with and without warrants generally, use of deadly force,96
109+adoption or promulgation of conflicting regulations, policies, ordinances, and resolutions,97
110+and authority of nuclear power facility security officer, as follows:98
111+"17-4-20.99
112+(a)(1) An arrest for a crime may be made by a A law enforcement officer of this state or100
113+of any county, municipality, or other political subdivision of this state may arrest a person101
114+accused of violating the penal laws of this state:102
115+(A) Under a warrant; or103
116+(B) Without a warrant if for an offense alleged to have been committed within the104
117+jurisdiction of the law enforcement agency by which he or she is employed when:105
118+(i) The offense is committed in such officer's presence or within such officer's106
119+immediate knowledge;107
120+(ii) The offender is endeavoring to escape;108
121+(iii) The officer has probable cause to believe that an act of family violence, as109
122+defined in Code Section 19-13-1, has been committed;110
123+(iv) The officer has probable cause to believe that the offender has violated a criminal111
124+family violence order, as defined in Code Section 16-5-95; provided, however, that112
125+such officer shall not have any prior or current familial relationship with the alleged113
126+victim or the offender;114
127+(v) The officer has probable cause to believe that an offense involving physical abuse115
128+has been committed against a vulnerable adult, who shall be for the purposes of this116
129+subsection a person 18 years old or older who is unable to protect himself or herself117
130+from physical or mental abuse because of a physical or mental impairment; or118
127131 S. B. 36 (SUB)
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129-SECTION 2-3.115
130-Said title is further amended in amended by repealing Code Section 16-12-80, relating to116
131-distributing obscene material, obscene material defined, and penalty, and enacting a new117
132-Code Section 16-12-80 to read as follows:118
133-"16-12-80.119
134-(a) As used in this Code section, the term:120
135-(1) 'Artificial intelligence system' means an engineered or machine based system that121
136-emulates the capability of a person to receive audio, visual, text, or any other form of122
137-information and uses the information received to emulate a human cognitive process,123
138-including, but not limited to, learning, generalizing, reasoning, planning, predicting,124
139-acting, or communicating; provided, however, that artificial intelligence systems may125
140-vary in the forms of information they can receive and in the human cognitive processes126
141-they can emulate.127
142-(2) 'Child' means any person under the age of 16 years.128
143-(3) 'Sexually explicit conduct' shall have the same meaning as provided in Code129
144-Section 16-12-100.130
145-(b) Any person commits the crime of distribution of computer generated obscene material131
146-depicting a child when he or she knowingly distributes, solicits, or possesses with intent132
147-to distribute a visual depiction of any kind, including an electronic image, electronic video,133
148-drawing, sculpture, or painting, that:134
149-(1) Depicts an image that appears to be of a child, and that would appear realistic to an135
150-average observer, engaging in sexually explicit conduct, whether between persons of the136
151-same or opposite sex;137
152-(2) Is obscene; and138
153-(3) Was created through the use of an artificial intelligence system.139
132+- 5 - 24 LC 48 1316S
133+(vi) For other cause there is likely to be failure of justice for want of a judicial officer119
134+to issue a warrant.; or120
135+(2)(C) Except where otherwise provided by law with respect to a law enforcement121
136+officer's jurisdictional duties and limitations, a law enforcement officer may make an122
137+arrest without a warrant for an offense alleged to have been committed outside of the123
138+jurisdiction of the law enforcement agency by which he or she is employed without a124
139+warrant when:125
140+(A)(i) The If the offense is committed in such officer's presence or within such126
141+officer's immediate knowledge;127
142+(B)(ii) In When in immediate pursuit of an offender for an offense committed within128
143+the jurisdiction of the law enforcement agency that employs such law enforcement129
144+officer; or130
145+(C)(iii) Aiding While aiding or assisting another law enforcement officer in the131
146+jurisdiction of the law enforcement agency employing such other law enforcement132
147+officer.133
148+(3)(2) Nothing in subparagraph (C) of paragraph (2) (1) of this subsection shall be134
149+construed as limiting sheriffs or deputy sheriffs in the performance of the duties and135
150+responsibilities imposed on them by the Constitution and laws of this state.136
151+(b)(1) For purposes of this subsection, the term 'federal law enforcement officer' means137
152+a person:138
153+(A) Employed by the United States government as a full-time sworn criminal law139
154+enforcement officer or agent;140
155+(B) In good standing with his or her employing federal agency;141
156+(C) Authorized to carry a firearm in the performance of his or her official duties; and142
157+(D) Empowered to arrest persons for criminal violations of the United States Code.143
158+(2) A federal law enforcement officer may detain a person upon request of a law144
159+enforcement officer of this state or of any county, municipality, or other political145
154160 S. B. 36 (SUB)
155-- 6 - 24 LC 48 1329S
156-(c) A person who commits the crime proscribed in subsection (b) of this Code section shall140
157-be guilty of a felony and punished by imprisonment for not less than one year nor more141
158-than 15 years.142
159-(d) It is not a required element of an offense under this Code section that the child depicted143
160-actually exists.144
161-(e) Material is obscene if:145
162-(1) To an average person, applying contemporary community standards, taken as a146
163-whole, it predominantly appeals to the prurient interest, that is, a shameful or morbid147
164-interest in nudity, sex, or excretion;148
165-(2) The material taken as a whole lacks serious literary, artistic, political, or scientific149
166-value; and150
167-(3) The material depicts or describes, in a patently offensive way, sexual conduct.151
168-(f) If the court orders a sentence to be probated in whole or in part, as a condition the court152
169-may impose any or all of the requirements set forth in subsection (b) of Code153
170-Section 42-8-35."154
171-PART III 155
172-SECTION 3-1.156
173-Article 2 of Chapter 4 of Title 17 of the Official Code of Georgia Annotated, relating to157
174-arrest by law enforcement officers generally, is amended by revising Code Section 17-4-20,158
175-relating to authorization of arrests with and without warrants generally, use of deadly force,159
176-adoption or promulgation of conflicting regulations, policies, ordinances, and resolutions,160
177-and authority of nuclear power facility security officer, as follows:161
178-"17-4-20.162
179-(a)(1) An arrest for a crime may be made by a law enforcement officer:163
180-(A) Under a warrant; or164
161+- 6 - 24 LC 48 1316S
162+subdivision of this state for purposes of aiding or assisting such law enforcement officer146
163+for an offense alleged to have been committed within the jurisdiction of such officer147
164+under a warrant or without a warrant. Such request may be retracted by the requesting148
165+law enforcement officer at any time and the authority to detain provided by this paragraph149
166+shall cease upon such retraction.150
167+(b)(c) Sheriffs and law enforcement officers employed or appointed as peace officers who151
168+are appointed or employed in conformity with Chapter 8 of Title 35 may use deadly force152
169+to apprehend a suspected felon only when the officer reasonably believes that the suspect153
170+possesses a deadly weapon or any object, device, or instrument which, when used154
171+offensively against a person, is likely to or actually does result in serious bodily injury;155
172+when the officer reasonably believes that the suspect poses an immediate threat of physical156
173+violence to the officer or others; or when there is probable cause to believe that the suspect157
174+has committed a crime involving the infliction or threatened infliction of serious physical158
175+harm. Nothing in this Code section subsection shall be construed so as to restrict such159
176+sheriffs or peace officers from the use of such reasonable nondeadly force as may be160
177+necessary to apprehend and arrest a suspected felon or misdemeanant.161
178+(c)(d) Nothing in this Code section shall be construed so as to restrict the use of deadly162
179+force by employees of state and county correctional institutions, jails, and other places of163
180+lawful confinement or by peace law enforcement officers of any agency in the State of164
181+Georgia this state when reasonably necessary to prevent escapes or apprehend escapees165
182+from such institutions.166
183+(d)(e) No law enforcement agency of this state or of any political subdivision of this state167
184+shall adopt or promulgate any rule, regulation, or policy which prohibits a peace law168
185+enforcement officer from using that degree of force to apprehend a suspected felon which169
186+is allowed by the statutory and case law of this state.170
187+(e)(f) Each peace law enforcement officer shall be provided with a copy of this Code171
188+section. Training regarding elder abuse, abuse of vulnerable adults, and the requirements172
181189 S. B. 36 (SUB)
182-- 7 - 24 LC 48 1329S
183-(B) Without a warrant if:165
184-(i) The offense is committed in such officer's presence or within such officer's166
185-immediate knowledge;167
186-(ii) The offender is endeavoring to escape;168
187-(iii) The officer has probable cause to believe that an act of family violence, as169
188-defined in Code Section 19-13-1, has been committed;170
189-(iv) The officer has probable cause to believe that the offender has violated a criminal171
190-family violence order, as defined in Code Section 16-5-95; provided, however, that172
191-such officer shall not have any prior or current familial relationship with the alleged173
192-victim or the offender;174
193-(v) The officer has probable cause to believe that an offense involving physical abuse175
194-has been committed against a vulnerable adult, who shall be for the purposes of this176
195-subsection a person 18 years old or older who is unable to protect himself or herself177
196-from physical or mental abuse because of a physical or mental impairment; or178
197-(vi) For other cause there is likely to be failure of justice for want of a judicial officer179
198-to issue a warrant.180
199-(2) Except where otherwise provided by law with respect to a law enforcement officer's181
200-jurisdictional duties and limitations, a law enforcement officer may make an arrest for an182
201-offense outside of the jurisdiction of the law enforcement agency by which he or she is183
202-employed without a warrant:184
203-(A) If the offense is committed in such officer's presence or within such officer's185
204-immediate knowledge;186
205-(B) When in immediate pursuit of an offender for an offense committed within the 187
206-jurisdiction of the law enforcement agency that employs such law enforcement officer;188
207-or189
208-(C) While aiding or assisting another law enforcement officer in the jurisdiction of the190
209-law enforcement agency employing such other law enforcement officer.191
190+- 7 - 24 LC 48 1316S
191+of this Code section should be offered as part of at least one in-service training program173
192+each year conducted by or on behalf of each law enforcement department and agency in174
193+this state.175
194+(f)(g) A nuclear power facility security officer, including a contract security officer,176
195+employed by a federally licensed nuclear power facility or licensee thereof for the purpose177
196+of securing that facility shall have the authority to:178
197+(1) Threaten or use force against another in defense of a federally licensed nuclear power179
198+facility and the persons therein as provided for under Code Sections 16-3-21 and 16-3-23;180
199+(2) Search any person on the premises of the nuclear power facility or the properties181
200+adjacent to the facility if the facility is under imminent threat or danger pursuant to a182
201+written agreement entered into with the local enforcement agency having jurisdiction183
202+over the facility for the purpose of determining if such person possesses unauthorized184
203+weapons, explosives, or other similarly prohibited material; provided, however, that if185
204+such person objects to any search, he or she shall be detained as provided in paragraph (3)186
205+of this subsection or shall be required to immediately vacate the premises. Any person187
206+refusing to submit to a search and refusing to vacate the premises of a facility upon the188
207+request of a security officer as provided for in this Code section shall be guilty of a189
208+misdemeanor; and190
209+(3) In accordance with a nuclear security plan approved by the United States Nuclear191
210+Regulatory Commission or other federal agency authorized to regulate nuclear facility192
211+security, detain any person located on the premises of a nuclear power facility or on the193
212+properties adjacent thereto if the facility is under imminent threat or danger pursuant to194
213+a written agreement entered into with the local law enforcement agency having195
214+jurisdiction over the facility, where there is reasonable suspicion to believe that such196
215+person poses a threat to the security of the nuclear power facility, regardless of whether197
216+such prohibited act occurred in the officer's presence. In the event of such detention, the198
217+law enforcement agency having jurisdiction over the facility shall be immediately199
210218 S. B. 36 (SUB)
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212-(3) Nothing in paragraph (2) of this subsection shall be construed as limiting sheriffs or192
213-deputy sheriffs in the performance of the duties and responsibilities imposed on them by193
214-the Constitution and laws of this state.194
215-(b)(1) For purposes of this subsection, the term 'federal law enforcement officer' means195
216-a person:196
217-(A) Employed by the United States government as a full-time sworn criminal law197
218-enforcement officer or agent;198
219-(B) In good standing with his or her employing federal agency;199
220-(C) Authorized to carry a firearm in the performance of his or her official duties; and200
221-(D) Empowered to arrest persons for criminal violations of the United States Code.201
222-(2) A federal law enforcement officer may detain a person upon request of a law202
223-enforcement officer of this state or of any county, municipality, or other political203
224-subdivision of this state for purposes of aiding or assisting such law enforcement officer204
225-for an offense alleged to have been committed within the jurisdiction of such officer205
226-under a warrant or without a warrant. Such request may be retracted by the requesting206
227-law enforcement officer at any time and the authority to detain provided by this paragraph207
228-shall cease upon such retraction.208
229-(b)(c) Sheriffs and peace officers who are appointed or employed in conformity with209
230-Chapter 8 of Title 35 may use deadly force to apprehend a suspected felon only when the210
231-officer reasonably believes that the suspect possesses a deadly weapon or any object,211
232-device, or instrument which, when used offensively against a person, is likely to or actually212
233-does result in serious bodily injury; when the officer reasonably believes that the suspect213
234-poses an immediate threat of physical violence to the officer or others; or when there is214
235-probable cause to believe that the suspect has committed a crime involving the infliction215
236-or threatened infliction of serious physical harm. Nothing in this Code section subsection216
237-shall be construed so as to restrict such sheriffs or peace officers from the use of such217
219+- 8 - 24 LC 48 1316S
220+contacted. The detention shall not exceed the amount of time reasonably necessary to200
221+allow for law enforcement officers to arrive at the facility."201
222+SECTION 4.202
223+All laws and parts of laws in conflict with this Act are repealed.203
238224 S. B. 36 (SUB)
239-- 9 - 24 LC 48 1329S
240-reasonable nondeadly force as may be necessary to apprehend and arrest a suspected felon218
241-or misdemeanant.219
242-(c)(d) Nothing in this Code section shall be construed so as to restrict the use of deadly220
243-force by employees of state and county correctional institutions, jails, and other places of221
244-lawful confinement or by peace officers of any agency in the State of Georgia when222
245-reasonably necessary to prevent escapes or apprehend escapees from such institutions.223
246-(d)(e) No law enforcement agency of this state or of any political subdivision of this state224
247-shall adopt or promulgate any rule, regulation, or policy which prohibits a peace officer225
248-from using that degree of force to apprehend a suspected felon which is allowed by the226
249-statutory and case law of this state.227
250-(e)(f) Each peace officer shall be provided with a copy of this Code section. Training228
251-regarding elder abuse, abuse of vulnerable adults, and the requirements of this Code section229
252-should be offered as part of at least one in-service training program each year conducted230
253-by or on behalf of each law enforcement department and agency in this state.231
254-(f)(g) A nuclear power facility security officer, including a contract security officer,232
255-employed by a federally licensed nuclear power facility or licensee thereof for the purpose233
256-of securing that facility shall have the authority to:234
257-(1) Threaten or use force against another in defense of a federally licensed nuclear power235
258-facility and the persons therein as provided for under Code Sections 16-3-21 and 16-3-23;236
259-(2) Search any person on the premises of the nuclear power facility or the properties237
260-adjacent to the facility if the facility is under imminent threat or danger pursuant to a238
261-written agreement entered into with the local enforcement agency having jurisdiction239
262-over the facility for the purpose of determining if such person possesses unauthorized240
263-weapons, explosives, or other similarly prohibited material; provided, however, that if241
264-such person objects to any search, he or she shall be detained as provided in paragraph (3)242
265-of this subsection or shall be required to immediately vacate the premises. Any person243
266-refusing to submit to a search and refusing to vacate the premises of a facility upon the244
267-S. B. 36 (SUB)
268-- 10 - 24 LC 48 1329S
269-request of a security officer as provided for in this Code section shall be guilty of a245
270-misdemeanor; and246
271-(3) In accordance with a nuclear security plan approved by the United States Nuclear247
272-Regulatory Commission or other federal agency authorized to regulate nuclear facility248
273-security, detain any person located on the premises of a nuclear power facility or on the249
274-properties adjacent thereto if the facility is under imminent threat or danger pursuant to250
275-a written agreement entered into with the local law enforcement agency having251
276-jurisdiction over the facility, where there is reasonable suspicion to believe that such252
277-person poses a threat to the security of the nuclear power facility, regardless of whether253
278-such prohibited act occurred in the officer's presence. In the event of such detention, the254
279-law enforcement agency having jurisdiction over the facility shall be immediately255
280-contacted. The detention shall not exceed the amount of time reasonably necessary to256
281-allow for law enforcement officers to arrive at the facility."257
282-PART IV258
283-SECTION 4-1.259
284-Section 2-3 of this Act shall apply to all offenses committed on or after July 1, 2024.260
285-SECTION 4-2.261
286-All laws and parts of laws in conflict with this Act are repealed.262
287-S. B. 36 (SUB)
288-- 11 -
225+- 9 -