| 19 | 7 | | relating to general provisions relative to the Georgia Bureau of Investigation, to provide for2 |
|---|
| 20 | 8 | | authority to issue subpoenas of electronic communication records for purposes of3 |
|---|
| 21 | 9 | | investigating certain crimes relating to cyber enabled threats to life and property; to provide4 |
|---|
| 22 | 10 | | for punishment for failure to obey certain subpoenas; to prohibit disclosure of the issuance5 |
|---|
| 23 | 11 | | of certain subpoenas during the pendency of an investigation; to amend Title 16 and Code6 |
|---|
| 24 | 12 | | Sections 20-3-10, 36-80-23, and 38-3-40 of the Official Code of Georgia Annotated, relating7 |
|---|
| 25 | 13 | | to crimes and offenses, sanctuary policies prohibited and penalty for violation, prohibition8 |
|---|
| 26 | 14 | | on immigration sanctuary policies by local governmental entities, certification of compliance,9 |
|---|
| 27 | 15 | | and punishment, and definitions relative to the Board of Homeland Security, respectively,10 |
|---|
| 28 | 16 | | so as to repeal the definition of 'domestic terrorism'; to establish the crime of domestic11 |
|---|
| 29 | 17 | | terrorism; to make conforming changes; to provide for related matters; to repeal conflicting12 |
|---|
| 30 | 18 | | laws; and for other purposes.13 |
|---|
| 31 | 19 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:14 |
|---|
| 45 | 30 | | or 16-12-100.2 involving the use of a computer or an electronic device in furtherance of24 |
|---|
| 46 | 31 | | an act related to a minor, or any investigation of a violation of Article 8 of Chapter 9 of25 |
|---|
| 47 | 32 | | Title 16, the The director, assistant director of the bureau, or deputy director for26 |
|---|
| 48 | 33 | | investigations of the bureau shall be authorized to issue a subpoena, with the consent of27 |
|---|
| 49 | 34 | | the Attorney General, to compel the production of electronic communication service or28 |
|---|
| 50 | 35 | | remote communication computing service records or other information pertaining to a29 |
|---|
| 51 | 36 | | subscriber or customer of such service, exclusive of contents of communications, in any30 |
|---|
| 52 | 37 | | investigation of a violation of:31 |
|---|
| 53 | 38 | | (A) Code Section 16-12-100, 16-12-100.1, or 16-12-100.2 involving the use of a32 |
|---|
| 54 | 39 | | computer or an electronic device in furtherance of an act related to a minor;33 |
|---|
| 55 | 40 | | (B) Article 8 of Chapter 9 of Title 16; or34 |
|---|
| 56 | 41 | | (C) Code Section 16-9-93, 16-10-28, 16-11-37, 16-11-39.1, or 16-11-221.35 |
|---|
| 57 | 42 | | (2) A provider of electronic communication service or remote computing service shall36 |
|---|
| 58 | 43 | | disclose to the bureau the following as relative to the subscriber or customer of such37 |
|---|
| 59 | 44 | | service:38 |
|---|
| 60 | 45 | | (A) Name;39 |
|---|
| 61 | 46 | | (B) Address;40 |
|---|
| 73 | 55 | | (3) A provider of electronic communication service or remote computing service shall48 |
|---|
| 74 | 56 | | not provide notification of the subpoena issued pursuant to paragraph (1) of this49 |
|---|
| 75 | 57 | | subsection to the subscriber or customer of such service.50 |
|---|
| 76 | 58 | | (b) Upon failure of a person without lawful excuse to obey a subpoena, the director,51 |
|---|
| 77 | 59 | | assistant director of the bureau, or the deputy director for investigations of the bureau,52 |
|---|
| 78 | 60 | | through the Attorney General or district attorney, may apply to a superior court having53 |
|---|
| 79 | 61 | | jurisdiction for an order compelling compliance. Such person may object to the subpoena54 |
|---|
| 80 | 62 | | on grounds that it fails to comply with this Code section or upon any constitutional or other55 |
|---|
| 81 | 63 | | legal right or privilege of such person. The court may issue an order modifying or setting56 |
|---|
| 82 | 64 | | aside such subpoena or directing compliance with the original subpoena. Failure to obey57 |
|---|
| 83 | 65 | | a subpoena issued under this Code section may be punished by the court as contempt of58 |
|---|
| 84 | 66 | | court.59 |
|---|
| 85 | 67 | | (c) The Attorney General may request that a natural person who refuses to produce60 |
|---|
| 86 | 68 | | relevant matter included in a subpoena issued pursuant to this Code section on the ground61 |
|---|
| 87 | 69 | | that the production of such records may incriminate such person be ordered by the court62 |
|---|
| 88 | 70 | | to provide such records. With the exception of a prosecution for perjury, a natural person63 |
|---|
| 89 | 71 | | who complies with the court order to provide such records asserting a privilege against64 |
|---|
| 90 | 72 | | self-incrimination to which he or she is entitled by law shall not be prosecuted or subjected65 |
|---|
| 91 | 73 | | to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning66 |
|---|
| 92 | 74 | | which he or she may testify or produce evidence, documentary or otherwise.67 |
|---|
| 95 | 76 | | (d)(1) The issuance of a subpoena pursuant to this Code section shall not be made public68 |
|---|
| 96 | 77 | | during any pending investigation or prosecution of criminal or unlawful activity beyond69 |
|---|
| 97 | 78 | | the extent necessary for the issuance and compliance of the subpoena and compliance70 |
|---|
| 98 | 79 | | with Chapter 16 of Title 17.71 |
|---|
| 99 | 80 | | (2) Information obtained pursuant to a subpoena enforced by this Code section shall not72 |
|---|
| 100 | 81 | | be made public or, except as authorized in paragraph (2)(3) of this subsection, disclosed73 |
|---|
| 101 | 82 | | by the director of the bureau, assistant director, deputy director for investigations of the74 |
|---|
| 102 | 83 | | bureau, or the director's employees beyond the extent necessary for the enforcement of75 |
|---|
| 103 | 84 | | this Code section.76 |
|---|
| 104 | 85 | | (2)(3) The director, assistant director of the bureau, deputy director for investigations of77 |
|---|
| 105 | 86 | | the bureau, or the director's employees shall be authorized to provide to any federal, state,78 |
|---|
| 106 | 87 | | or local law enforcement agency any information acquired under this Code section in79 |
|---|
| 107 | 88 | | furtherance of a criminal investigation in violation of Code Section 16-12-100,80 |
|---|
| 108 | 89 | | 16-12-100.1, or 16-12-100.2.81 |
|---|
| 109 | 90 | | (e) As used in this Code section, the terms 'electronic communication service' and 'remote82 |
|---|
| 110 | 91 | | computing service' shall have the same meaning as set forth in Code Section 16-9-92."83 |
|---|
| 111 | 92 | | PART II84 |
|---|
| 112 | 93 | | SECTION 2-1.85 |
|---|
| 113 | 94 | | Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is86 |
|---|
| 114 | 95 | | amended in Code Section 16-11-220, relating to definitions relative to domestic terrorism,87 |
|---|
| 115 | 96 | | as follows:88 |
|---|
| 116 | 97 | | "16-11-220.89 |
|---|
| 117 | 98 | | As used in this article, the term:90 |
|---|
| 118 | 99 | | (1) 'Assassination' means the intentional killing of an elected public official by an91 |
|---|
| 119 | 100 | | individual acting to prevent or retaliate for the performance of official duties or because92 |
|---|
| 120 | 101 | | of the public position held by the official.93 |
|---|
| 123 | 103 | | (2) 'Critical infrastructure' means publicly or privately owned facilities, systems,94 |
|---|
| 124 | 104 | | functions, or assets, whether physical or virtual, providing or distributing services for the95 |
|---|
| 125 | 105 | | benefit of the public, including, but not limited to, energy, fuel, water, agriculture, health96 |
|---|
| 126 | 106 | | care, finance, communication, or any other vital public service.97 |
|---|
| 127 | 107 | | (2) 'Domestic terrorism' means any felony violation of, or attempt to commit a felony98 |
|---|
| 128 | 108 | | violation of the laws of this state which, as part of a single unlawful act or a series of99 |
|---|
| 129 | 109 | | unlawful acts which are interrelated by distinguishing characteristics, is intended to cause100 |
|---|
| 130 | 110 | | serious bodily harm, kill any individual or group of individuals, or disable or destroy101 |
|---|
| 131 | 111 | | critical infrastructure, a state or government facility, or a public transportation system102 |
|---|
| 132 | 112 | | when such disability or destruction results in major economic loss, and is intended to:103 |
|---|
| 133 | 113 | | (A) Intimidate the civilian population of this state or any of its political subdivisions;104 |
|---|
| 134 | 114 | | (B) Alter, change, or coerce the policy of the government of this state or any of its105 |
|---|
| 135 | 115 | | political subdivisions by intimidation or coercion; or106 |
|---|
| 136 | 116 | | (C) Affect the conduct of the government of this state or any of its political107 |
|---|
| 137 | 117 | | subdivisions by use of destructive devices, assassination, or kidnapping.108 |
|---|
| 138 | 118 | | (3) 'Public transportation system' means all facilities, conveyances, and instrumentalities,109 |
|---|
| 139 | 119 | | whether publicly or privately owned, that are used in or for publicly available services110 |
|---|
| 140 | 120 | | for the transportation of individuals or cargo.111 |
|---|
| 141 | 121 | | (4) 'Serious bodily harm' means harm to the body of another by depriving him or her of112 |
|---|
| 142 | 122 | | a member of his or her body, by rendering a member of his or her body useless, or by113 |
|---|
| 143 | 123 | | seriously disfiguring his or her body or a member thereof.114 |
|---|
| 144 | 124 | | (5) 'State or government facility' means any permanent or temporary facility or115 |
|---|
| 145 | 125 | | conveyance that is used or occupied by representatives of this state or any of its political116 |
|---|
| 146 | 126 | | subdivisions, by the legislature, by the judiciary, or by officials or employees of this state117 |
|---|
| 147 | 127 | | or any of its political subdivisions.118 |
|---|
| 148 | 128 | | (6) 'Vital public service' shall have the same meaning as provided in Code Section119 |
|---|
| 149 | 129 | | 16-7-22.120 |
|---|
| 159 | 136 | | to commit a felony violation of the laws of this state which, as part of a single unlawful act126 |
|---|
| 160 | 137 | | or a series of unlawful acts which are interrelated by distinguishing characteristics, is127 |
|---|
| 161 | 138 | | intended to cause serious bodily harm, kill any individual or group of individuals, or128 |
|---|
| 162 | 139 | | disable or destroy critical infrastructure, a state or government facility, or a public129 |
|---|
| 163 | 140 | | transportation system when such disability or destruction results in major economic loss,130 |
|---|
| 164 | 141 | | and is intended to:131 |
|---|
| 165 | 142 | | (1) Intimidate the civilian population of this state or any of its political subdivisions;132 |
|---|
| 166 | 143 | | (2) Alter, change, or coerce the policy of the government of this state or any of its133 |
|---|
| 167 | 144 | | political subdivisions by intimidation or coercion; or 134 |
|---|
| 168 | 145 | | (3) Affect the conduct of the government of this state or any of its political subdivisions135 |
|---|
| 169 | 146 | | by use of destructive devices, assassination, or kidnapping.136 |
|---|
| 170 | 147 | | (b) Any person who commits domestic terrorism shall be guilty of a felony and upon137 |
|---|
| 171 | 148 | | conviction thereof shall be punished as follows:138 |
|---|
| 172 | 149 | | (1) If death results to any individual, by death, by imprisonment for life without parole,139 |
|---|
| 173 | 150 | | or by imprisonment for life;140 |
|---|
| 174 | 151 | | (2) If kidnapping occurs, by imprisonment for not less than 15 nor more than 35 years,141 |
|---|
| 175 | 152 | | or by imprisonment for life;142 |
|---|
| 176 | 153 | | (3) If serious bodily harm occurs, by imprisonment for not less than 15 nor more than 35143 |
|---|
| 177 | 154 | | years; or144 |
|---|
| 178 | 155 | | (4) If critical infrastructure, a state or government facility, or a public transportation145 |
|---|
| 179 | 156 | | system is disabled or destroyed, by imprisonment for not less than five nor more than 35146 |
|---|
| 180 | 157 | | years.147 |
|---|
| 183 | 159 | | (b)(c) No sentence imposed under this Code section shall be suspended, stayed, probated,148 |
|---|
| 184 | 160 | | deferred, or withheld by the sentencing court; provided, however, that in the court's149 |
|---|
| 185 | 161 | | discretion, the court may suspend, stay, probate, defer, or withhold part of such sentence150 |
|---|
| 186 | 162 | | when the prosecuting attorney and the defendant have agreed to such sentence."151 |
|---|
| 187 | 163 | | SECTION 2-3.152 |
|---|
| 188 | 164 | | Said title is further amended in Code Section 16-14-3, relating to definitions relative to153 |
|---|
| 189 | 165 | | racketeer influenced and corrupt organizations, by revising subparagraph (B) of paragraph154 |
|---|
| 190 | 166 | | (4) as follows:155 |
|---|
| 191 | 167 | | "(B) Engaging in any one or more acts of domestic terrorism as described in paragraph156 |
|---|
| 192 | 168 | | (2) of Code Section 16-11-220 16-11-221 or any criminal attempt, criminal solicitation,157 |
|---|
| 193 | 169 | | or criminal conspiracy related thereto."158 |
|---|
| 194 | 170 | | SECTION 2-4.159 |
|---|
| 195 | 171 | | Code Section 20-3-10 of the Official Code of Georgia Annotated, relating to sanctuary160 |
|---|
| 196 | 172 | | policies prohibited and penalty for violation, by revising paragraph (4) of subsection (a) as161 |
|---|
| 197 | 173 | | follows:162 |
|---|
| 198 | 174 | | "(4) 'Status information' means any information, not including any information required163 |
|---|
| 199 | 175 | | by law to be kept confidential but otherwise including, but not limited to, any statement,164 |
|---|
| 200 | 176 | | document, computer generated data, recording, or photograph, which is relevant to the165 |
|---|
| 201 | 177 | | identity or location of an individual who is reasonably believed to be violating state or166 |
|---|
| 202 | 178 | | federal laws, illegally residing within the United States, or who is reasonably believed to167 |
|---|
| 203 | 179 | | be involved in domestic terrorism as that term is defined in Code Section 16-11-220 in168 |
|---|
| 204 | 180 | | violation of Code Section 16-11-221 or a terroristic act as that term is defined by Code169 |
|---|
| 205 | 181 | | Section 35-3-62."170 |
|---|
| 216 | 189 | | limited to, any statement, document, computer generated data, recording, or photograph,177 |
|---|
| 217 | 190 | | which is relevant to immigration status or the identity or location of an individual who178 |
|---|
| 218 | 191 | | is reasonably believed to be illegally residing within the United States or who is179 |
|---|
| 219 | 192 | | reasonably believed to be involved in domestic terrorism as that term is defined in Code180 |
|---|
| 220 | 193 | | Section 16-11-220 in violation of Code Section 16-11-221 or a terroristic act as that term181 |
|---|
| 221 | 194 | | is defined by Code Section 35-3-62."182 |
|---|
| 222 | 195 | | SECTION 2-6.183 |
|---|
| 223 | 196 | | Code Section 38-3-40 of the Official Code of Georgia Annotated, relating to definitions184 |
|---|
| 224 | 197 | | relative to the Board of Homeland Security, by revising paragraph (4) as follows:185 |
|---|
| 225 | 198 | | "(4) 'Domestic terrorism' shall have the same meaning as set forth in Code Section186 |
|---|
| 226 | 199 | | 16-11-220.means an offense of Code Section 16-11-221."187 |
|---|
| 227 | 200 | | PART III188 |
|---|
| 228 | 201 | | SECTION 3-1.189 |
|---|
| 229 | 202 | | All laws and parts of laws in conflict with this Act are repealed.190 |
|---|