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Senate Bill 523
By: Senators Hatchett of the 50th, Strickland of the 17th, Gooch of the 51st, Kennedy of the
18th, Anavitarte of the 31st and others
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to
1
offenses against public order and safety, so as to provide for criminal offenses related to2
material support of terrorism; to provide for penalties; to provide for legislative intent; to3
provide for the creation of guidelines for law enforcement investigations; to provide for4
definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.5
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6
SECTION 1.7
Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against8
public order and safety, is amended by adding a new article to read as follows:9
"ARTICLE 7
10
16-11-230.11
(a) As used in this article, the term:12
(1) 'Act of terrorism' means an activity that:13
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(A) Involves violent acts or acts dangerous to human life that are a violation of the14
criminal laws of the United States or of any state, or that would be a criminal violation15
if committed within the jurisdiction of the United States or of any state; and16
(B) Is intended to:17
(i) Intimidate, injure, or coerce a civilian population;18
(ii) Influence the policy of a government by intimidation or coercion; or19
(iii) Affect the conduct of government through mass destruction, assassination, or20
kidnapping.21
(2) 'Designated foreign terrorist organization' means an organization designated as a22
terrorist organization under 8 U.S.C. Section 1189.23
(3) 'Expert advice or assistance' means advice or assistance derived from scientific,24
technical, or other specialized knowledge.25
(4) 'Material support or resources' means any property, tangible or intangible, or service,26
including currency or monetary instruments or financial securities, financial services,27
lodging, training, expert advice or assistance, safe houses, false documentation or28
identification, communications equipment, facilities, weapons, lethal substances,29
explosives, personnel, or transportation. Such term does not include medicine or30
religious materials.31
(5) 'Training' means instruction or teaching designed to impart a specific skill rather than32
general knowledge.33
(b) A person commits a felony punishable by imprisonment for not more than 20 years or34
a fine of not more than $100,000.00, or both, if the person:35
(1) Provides material support or resources or conceals or disguises the nature, location,36
source, or ownership of the material support or resources, knowing or intending that the37
support or resources are to be used in preparation for or in carrying out an act of38
terrorism;39
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(2) Conceals an escape from the commission of a violation of paragraph (1) of this40
subsection; or41
(3) Attempts or conspires to commit a violation of paragraph (1) of this subsection.42
(c) A person who knowingly provides material support or resources to a designated foreign43
terrorist organization, or attempts or conspires to do so, commits a felony punishable by44
imprisonment for not more than 20 years or a fine of not more than $100,000.00, or both. 45
To violate this subsection, a person shall have knowledge that the organization is a46
designated foreign terrorist organization or that the organization has engaged in or engages47
in acts of terrorism.48
(d)(1) For purposes of prosecution under subsection (b) or (c) of this Code section, a49
person is deemed to provide material support or resources by providing personnel if the50
person knowingly provides, attempts to provide, or conspires to provide himself or51
herself or another person to:52
(A) Work under the direction and control of a designated foreign terrorist organization53
or a person engaged in, or intending to engage in, an act of terrorism; or54
(B) Organize, manage, supervise, or otherwise direct the operations of a designated55
foreign terrorist organization or a person engaged in, or intending to engage in, an act56
of terrorism.57
(2) An individual who acts entirely independently of the designated foreign terrorist58
organization or the person engaged in, or intending to engage in, an act of terrorism to59
advance the organization's or person's goals or objectives is not working under the60
direction and control of the designated foreign terrorist organization or person engaged61
in, or intending to engage in, an act of terrorism.62
(e) A person shall not be prosecuted under this article if his or her activity was authorized63
by a governmental or law enforcement agency of this state or of the United States in the64
agency's official capacity and pursuant to a lawful purpose.65
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(f) It is the intent of the General Assembly that subsections (b) and (c) of this Code section66
be interpreted in a manner consistent with federal case law interpreting 18 U.S.C. Sections67
2339A and 2339B.68
(g) The Georgia Bureau of Investigation, in consultation with the office of the Attorney69
General, shall create guidelines for law enforcement investigations conducted pursuant to70
this article to ensure the protection of privacy rights, civil rights, and civil liberties."71
SECTION 2.72
All laws and parts of laws in conflict with this Act are repealed.73
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