| 19 | | - | - 1 - 24 LC 49 1858S |
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| 20 | | - | (A) Involves violent acts that are dangerous to human life and are a violation of the14 |
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| 21 | | - | criminal laws of the United States or of any state; and15 |
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| 22 | | - | (B) Is intended to:16 |
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| 23 | | - | (i) Intimidate, injure, or coerce a civilian population;17 |
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| 24 | | - | (ii) Influence the policy of a government by intimidation or coercion; or18 |
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| 25 | | - | (iii) Affect the conduct of government through mass destruction, assassination, or19 |
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| 26 | | - | kidnapping.20 |
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| 27 | | - | (2) 'Designated foreign terrorist organization' means an organization designated as a21 |
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| 28 | | - | terrorist organization under 8 U.S.C. Section 1189.22 |
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| 29 | | - | (3) 'Expert advice or assistance' means advice or assistance derived from scientific,23 |
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| 30 | | - | technical, or other specialized knowledge.24 |
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| 31 | | - | (4) 'Material support or resources' means any property, tangible or intangible, or service,25 |
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| 32 | | - | including currency or monetary instruments or financial securities, financial services,26 |
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| 33 | | - | lodging, training, expert advice or assistance, safe houses, false documentation or27 |
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| 34 | | - | identification, communications equipment, facilities, weapons, lethal substances,28 |
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| 35 | | - | explosives, personnel, or transportation. Such term does not include medicine or29 |
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| 36 | | - | religious materials.30 |
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| 37 | | - | (5) 'Training' means instruction or teaching designed to impart a specific skill rather than31 |
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| 38 | | - | general knowledge.32 |
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| 39 | | - | (b) A person commits a felony punishable by imprisonment for not more than 20 years or33 |
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| 40 | | - | a fine of not more than $100,000.00, or both, if the person:34 |
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| 41 | | - | (1) Provides material support or resources or conceals or disguises the nature, location,35 |
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| 42 | | - | source, or ownership of the material support or resources, knowing or intending that the36 |
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| 43 | | - | support or resources are to be used in preparation for or in carrying out an act of37 |
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| 44 | | - | terrorism;38 |
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| 45 | | - | (2) Conceals an escape from the commission of a violation of paragraph (1) of this39 |
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| 46 | | - | subsection; or40 |
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| 47 | | - | - 2 - 24 LC 49 1858S |
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| 48 | | - | (3) Attempts or conspires to commit a violation of paragraph (1) of this subsection.41 |
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| 49 | | - | (c) A person who knowingly provides material support or resources to a designated foreign42 |
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| 50 | | - | terrorist organization, or attempts or conspires to do so, commits a felony punishable by43 |
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| 51 | | - | imprisonment for not more than 20 years or a fine of not more than $100,000.00, or both. 44 |
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| 52 | | - | To violate this subsection, a person shall have knowledge that the organization is a45 |
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| 53 | | - | designated foreign terrorist organization or that the organization has engaged in or engages46 |
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| 54 | | - | in acts of terrorism.47 |
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| 55 | | - | (d)(1) For purposes of prosecution under subsection (b) or (c) of this Code section, a48 |
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| 56 | | - | person is deemed to provide material support or resources by providing personnel if the49 |
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| 57 | | - | person knowingly provides, attempts to provide, or conspires to provide himself or50 |
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| 58 | | - | herself or another person to:51 |
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| 59 | | - | (A) Work under the direction and control of a designated foreign terrorist organization52 |
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| 60 | | - | or a person engaged in, or intending to engage in, an act of terrorism; or53 |
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| 61 | | - | (B) Organize, manage, supervise, or otherwise direct the operations of a designated54 |
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| 62 | | - | foreign terrorist organization or a person engaged in, or intending to engage in, an act55 |
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| 63 | | - | of terrorism.56 |
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| 64 | | - | (2) An individual who acts entirely independently of the designated foreign terrorist57 |
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| 65 | | - | organization or the person engaged in, or intending to engage in, an act of terrorism to58 |
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| 66 | | - | advance the organization's or person's goals or objectives is not working under the59 |
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| 67 | | - | direction and control of the designated foreign terrorist organization or person engaged60 |
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| 68 | | - | in, or intending to engage in, an act of terrorism.61 |
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| 69 | | - | (e) A person shall not be prosecuted under this article if his or her activity was authorized62 |
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| 70 | | - | by a governmental or law enforcement agency of this state or of the United States in the63 |
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| 71 | | - | agency's official capacity and pursuant to a lawful purpose or if the activity is that of an64 |
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| 72 | | - | attorney who is authorized to practice law and is providing legal services to an individual65 |
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| 73 | | - | who is accused of a violation of a criminal law of the United States or of any state.66 |
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| 74 | | - | - 3 - 24 LC 49 1858S |
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| 75 | | - | (f) It is the intent of the General Assembly that subsections (b) and (c) of this Code section67 |
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| 76 | | - | be interpreted in a manner consistent with federal case law interpreting 18 U.S.C. Sections68 |
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| 77 | | - | 2339A and 2339B.69 |
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| 78 | | - | (g) The Attorney General shall create guidelines for law enforcement investigations70 |
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| 79 | | - | conducted pursuant to this article to ensure the protection of privacy rights, civil rights, and71 |
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| 80 | | - | civil liberties."72 |
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| 81 | | - | SECTION 2.73 |
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| 82 | | - | All laws and parts of laws in conflict with this Act are repealed.74 |
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| 22 | + | S. B. 523 |
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| 23 | + | - 1 - 24 LC 50 0743 |
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| 24 | + | (A) Involves violent acts or acts dangerous to human life that are a violation of the14 |
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| 25 | + | criminal laws of the United States or of any state, or that would be a criminal violation15 |
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| 26 | + | if committed within the jurisdiction of the United States or of any state; and16 |
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| 27 | + | (B) Is intended to:17 |
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| 28 | + | (i) Intimidate, injure, or coerce a civilian population;18 |
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| 29 | + | (ii) Influence the policy of a government by intimidation or coercion; or19 |
|---|
| 30 | + | (iii) Affect the conduct of government through mass destruction, assassination, or20 |
|---|
| 31 | + | kidnapping.21 |
|---|
| 32 | + | (2) 'Designated foreign terrorist organization' means an organization designated as a22 |
|---|
| 33 | + | terrorist organization under 8 U.S.C. Section 1189.23 |
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| 34 | + | (3) 'Expert advice or assistance' means advice or assistance derived from scientific,24 |
|---|
| 35 | + | technical, or other specialized knowledge.25 |
|---|
| 36 | + | (4) 'Material support or resources' means any property, tangible or intangible, or service,26 |
|---|
| 37 | + | including currency or monetary instruments or financial securities, financial services,27 |
|---|
| 38 | + | lodging, training, expert advice or assistance, safe houses, false documentation or28 |
|---|
| 39 | + | identification, communications equipment, facilities, weapons, lethal substances,29 |
|---|
| 40 | + | explosives, personnel, or transportation. Such term does not include medicine or30 |
|---|
| 41 | + | religious materials.31 |
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| 42 | + | (5) 'Training' means instruction or teaching designed to impart a specific skill rather than32 |
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| 43 | + | general knowledge.33 |
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| 44 | + | (b) A person commits a felony punishable by imprisonment for not more than 20 years or34 |
|---|
| 45 | + | a fine of not more than $100,000.00, or both, if the person:35 |
|---|
| 46 | + | (1) Provides material support or resources or conceals or disguises the nature, location,36 |
|---|
| 47 | + | source, or ownership of the material support or resources, knowing or intending that the37 |
|---|
| 48 | + | support or resources are to be used in preparation for or in carrying out an act of38 |
|---|
| 49 | + | terrorism;39 |
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| 50 | + | S. B. 523 |
|---|
| 51 | + | - 2 - 24 LC 50 0743 |
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| 52 | + | (2) Conceals an escape from the commission of a violation of paragraph (1) of this40 |
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| 53 | + | subsection; or41 |
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| 54 | + | (3) Attempts or conspires to commit a violation of paragraph (1) of this subsection.42 |
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| 55 | + | (c) A person who knowingly provides material support or resources to a designated foreign43 |
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| 56 | + | terrorist organization, or attempts or conspires to do so, commits a felony punishable by44 |
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| 57 | + | imprisonment for not more than 20 years or a fine of not more than $100,000.00, or both. 45 |
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| 58 | + | To violate this subsection, a person shall have knowledge that the organization is a46 |
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| 59 | + | designated foreign terrorist organization or that the organization has engaged in or engages47 |
|---|
| 60 | + | in acts of terrorism.48 |
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| 61 | + | (d)(1) For purposes of prosecution under subsection (b) or (c) of this Code section, a49 |
|---|
| 62 | + | person is deemed to provide material support or resources by providing personnel if the50 |
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| 63 | + | person knowingly provides, attempts to provide, or conspires to provide himself or51 |
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| 64 | + | herself or another person to:52 |
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| 65 | + | (A) Work under the direction and control of a designated foreign terrorist organization53 |
|---|
| 66 | + | or a person engaged in, or intending to engage in, an act of terrorism; or54 |
|---|
| 67 | + | (B) Organize, manage, supervise, or otherwise direct the operations of a designated55 |
|---|
| 68 | + | foreign terrorist organization or a person engaged in, or intending to engage in, an act56 |
|---|
| 69 | + | of terrorism.57 |
|---|
| 70 | + | (2) An individual who acts entirely independently of the designated foreign terrorist58 |
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| 71 | + | organization or the person engaged in, or intending to engage in, an act of terrorism to59 |
|---|
| 72 | + | advance the organization's or person's goals or objectives is not working under the60 |
|---|
| 73 | + | direction and control of the designated foreign terrorist organization or person engaged61 |
|---|
| 74 | + | in, or intending to engage in, an act of terrorism.62 |
|---|
| 75 | + | (e) A person shall not be prosecuted under this article if his or her activity was authorized63 |
|---|
| 76 | + | by a governmental or law enforcement agency of this state or of the United States in the64 |
|---|
| 77 | + | agency's official capacity and pursuant to a lawful purpose.65 |
|---|
| 78 | + | S. B. 523 |
|---|
| 79 | + | - 3 - 24 LC 50 0743 |
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| 80 | + | (f) It is the intent of the General Assembly that subsections (b) and (c) of this Code section66 |
|---|
| 81 | + | be interpreted in a manner consistent with federal case law interpreting 18 U.S.C. Sections67 |
|---|
| 82 | + | 2339A and 2339B.68 |
|---|
| 83 | + | (g) The Georgia Bureau of Investigation, in consultation with the office of the Attorney69 |
|---|
| 84 | + | General, shall create guidelines for law enforcement investigations conducted pursuant to70 |
|---|
| 85 | + | this article to ensure the protection of privacy rights, civil rights, and civil liberties."71 |
|---|
| 86 | + | SECTION 2.72 |
|---|
| 87 | + | All laws and parts of laws in conflict with this Act are repealed.73 |
|---|
| 88 | + | S. B. 523 |
|---|