| 1 | 1 | | 25 LC 48 1362 |
|---|
| 2 | 2 | | House Bill 125 |
|---|
| 3 | 3 | | By: Representatives Cameron of the 1 |
|---|
| 4 | 4 | | st |
|---|
| 5 | 5 | | , Crowe of the 118 |
|---|
| 6 | 6 | | th |
|---|
| 7 | 7 | | , Reeves of the 99 |
|---|
| 8 | 8 | | th |
|---|
| 9 | 9 | | , and Gullett |
|---|
| 10 | 10 | | of the 19 |
|---|
| 11 | 11 | | th |
|---|
| 12 | 12 | | |
|---|
| 13 | 13 | | A BILL TO BE ENTITLED |
|---|
| 14 | 14 | | AN ACT |
|---|
| 15 | 15 | | To amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and |
|---|
| 16 | 16 | | 1 |
|---|
| 17 | 17 | | offenses, so as to provide for the offense of online menacing of a peace officer; to provide2 |
|---|
| 18 | 18 | | for definitions; to provide for penalties; to provide for related matters; to provide for an3 |
|---|
| 19 | 19 | | effective date and applicability; to repeal conflicting laws; and for other purposes.4 |
|---|
| 20 | 20 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:5 |
|---|
| 21 | 21 | | SECTION 1.6 |
|---|
| 22 | 22 | | Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is7 |
|---|
| 23 | 23 | | amended by adding a new Code section to read as follows:8 |
|---|
| 24 | 24 | | "16-10-97.1. |
|---|
| 25 | 25 | | 9 |
|---|
| 26 | 26 | | (a) As used in this Code section, the term:10 |
|---|
| 27 | 27 | | (1) 'Immediate family member' means a spouse, child, sibling, or parent or the spouse11 |
|---|
| 28 | 28 | | of a child, sibling, or parent.12 |
|---|
| 29 | 29 | | (2) 'Peace officer' shall have the same meaning as set forth in Code Section 35-8-2.13 |
|---|
| 30 | 30 | | (3) 'Personal information' means:14 |
|---|
| 31 | 31 | | (A) The name or former name, home address, employment address, vehicle license15 |
|---|
| 32 | 32 | | plate number, home or personal mobile phone number, personal email address, or social16 |
|---|
| 33 | 33 | | H. B. 125 |
|---|
| 34 | 34 | | - 1 - 25 LC 48 1362 |
|---|
| 35 | 35 | | security number of an individual or an immediate family member of such individual;17 |
|---|
| 36 | 36 | | or18 |
|---|
| 37 | 37 | | (B) A photograph of an individual or an immediate family member of such individual.19 |
|---|
| 38 | 38 | | (b) A person commits the offense of online menacing of a peace officer when such person20 |
|---|
| 39 | 39 | | intentionally posts, publishes, or makes publicly available in any online setting any21 |
|---|
| 40 | 40 | | personal information about a peace officer or a peace officer's immediate family member22 |
|---|
| 41 | 41 | | coupled with any threat or suggestion of or request for physical injury, serious physical23 |
|---|
| 42 | 42 | | injury, or violence of any kind against such peace officer or such peace officer's immediate24 |
|---|
| 43 | 43 | | family member.25 |
|---|
| 44 | 44 | | (c) A person convicted under subsection (b) of this Code section shall be guilty of a felony26 |
|---|
| 45 | 45 | | and, upon conviction thereof, shall be punished by imprisonment for not less than one nor27 |
|---|
| 46 | 46 | | more than ten years, a fine not to exceed $25,000.00, or both. At the time of sentencing,28 |
|---|
| 47 | 47 | | the judge is authorized to issue a permanent restraining order against the offender to protect29 |
|---|
| 48 | 48 | | the peace officer and any immediate family members of such peace officer.30 |
|---|
| 49 | 49 | | (d) In a proceeding under this article, the crime will be considered to have been committed31 |
|---|
| 50 | 50 | | in any county where the person whose personal information was published resides or is32 |
|---|
| 51 | 51 | | found, or in any county in which any other part of the offense took place, regardless of33 |
|---|
| 52 | 52 | | whether the defendant was ever actually in such county."34 |
|---|
| 53 | 53 | | SECTION 2.35 |
|---|
| 54 | 54 | | This Act shall become effective upon its approval by the Governor or upon its becoming law36 |
|---|
| 55 | 55 | | without such approval, and shall apply to all offenses committed on or after such date.37 |
|---|
| 56 | 56 | | SECTION 3.38 |
|---|
| 57 | 57 | | All laws and parts of laws in conflict with this Act are repealed.39 |
|---|
| 58 | 58 | | H. B. 125 |
|---|
| 59 | 59 | | - 2 - |
|---|