25 HB 161/AP
House Bill 161 (AS PASSED HOUSE AND SENATE)
By: Representatives Crowe of the 118
th
, Reeves of the 99
th
, New of the 40
th
, Camp of the
135
th
, and Smith of the 18
th
A BILL TO BE ENTITLED
AN ACT
To amend Article 1 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated,
1
relating to general provisions relative to the Georgia Bureau of Investigation, to provide for2
authority to issue subpoenas of electronic communication records for purposes of3
investigating certain crimes relating to cyber enabled threats to life and property; to provide4
for punishment for failure to obey certain subpoenas; to prohibit disclosure of the issuance5
of certain subpoenas during the pendency of an investigation; to amend Title 16 and Code6
Sections 20-3-10, 36-80-23, and 38-3-40 of the Official Code of Georgia Annotated, relating7
to crimes and offenses, sanctuary policies prohibited and penalty for violation, prohibition8
on immigration sanctuary policies by local governmental entities, certification of compliance,9
and punishment, and definitions relative to the Board of Homeland Security, respectively,10
so as to repeal the definition of 'domestic terrorism'; to establish the crime of domestic11
terrorism; to make conforming changes; to provide for related matters; to repeal conflicting12
laws; and for other purposes.13
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:14
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PART I
15
SECTION 1-1.16
Article 1 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to17
general provisions relative to the Georgia Bureau of Investigation, is amended by revising18
Code Section 35-3-4.1, relating to subpoena for production of electronic communication19
service records for computer or electronic device used in furtherance of certain offenses20
against minors, as follows:21
"35-3-4.1.22
(a)(1) In any investigation of a violation of Code Section 16-12-100, 16-12-100.1,
23
or 16-12-100.2 involving the use of a computer or an electronic device in furtherance of24
an act related to a minor, or any investigation of a violation of Article 8 of Chapter 9 of25
Title 16, the The director, assistant director of the bureau, or deputy director for26
investigations of the bureau shall be authorized to issue a subpoena, with the consent of27
the Attorney General, to compel the production of electronic communication service or28
remote communication computing service records or other information pertaining to a29
subscriber or customer of such service, exclusive of contents of communications, in any30
investigation of a violation of:31
(A) Code Section 16-12-100, 16-12-100.1, or 16-12-100.2 involving the use of a32
computer or an electronic device in furtherance of an act related to a minor;33
(B) Article 8 of Chapter 9 of Title 16; or34
(C) Code Section 16-9-93, 16-10-28, 16-11-37, 16-11-39.1, or 16-11-221.35
(2) A provider of electronic communication service or remote computing service shall36
disclose to the bureau the following as relative to the subscriber or customer of such37
service:38
(A) Name;39
(B) Address;40
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(C) Local and long distance telephone connection records, or records of session times
41
and durations;42
(D) Length of service, including the start date, and types of service utilized;43
(E) Telephone or instrument number or other subscriber number or identity, including44
any temporarily assigned network address; and45
(F) Means and source of payment for such service, including any credit card or bank46
account number of a subscriber to or customer of such service
.47
(3) A provider of electronic communication service or remote computing service shall48
not provide notification of the subpoena issued pursuant to paragraph (1) of this49
subsection to the subscriber or customer of such service.50
(b) Upon failure of a person without lawful excuse to obey a subpoena, the director,51
assistant director of the bureau, or the deputy director for investigations of the bureau,52
through the Attorney General or district attorney, may apply to a superior court having53
jurisdiction for an order compelling compliance. Such person may object to the subpoena54
on grounds that it fails to comply with this Code section or upon any constitutional or other55
legal right or privilege of such person. The court may issue an order modifying or setting56
aside such subpoena or directing compliance with the original subpoena. Failure to obey57
a subpoena issued under this Code section may be punished by the court as contempt of58
court.59
(c) The Attorney General may request that a natural person who refuses to produce60
relevant matter included in a subpoena issued pursuant to this Code section on the ground61
that the production of such records may incriminate such person be ordered by the court62
to provide such records. With the exception of a prosecution for perjury, a natural person63
who complies with the court order to provide such records asserting a privilege against64
self-incrimination to which he or she is entitled by law shall not be prosecuted or subjected65
to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning66
which he or she may testify or produce evidence, documentary or otherwise.67
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(d)(1) The issuance of a subpoena pursuant to this Code section shall not be made public68
during any pending investigation or prosecution of criminal or unlawful activity beyond69
the extent necessary for the issuance and compliance of the subpoena and compliance70
with Chapter 16 of Title 17.71
(2) Information obtained pursuant to a subpoena enforced by this Code section shall not72
be made public or, except as authorized in paragraph (2)(3) of this subsection, disclosed73
by the director of the bureau, assistant director, deputy director for investigations of the74
bureau, or the director's employees beyond the extent necessary for the enforcement of75
this Code section.76
(2)(3) The director, assistant director of the bureau, deputy director for investigations of77
the bureau, or the director's employees shall be authorized to provide to any federal, state,78
or local law enforcement agency any information acquired under this Code section in79
furtherance of a criminal investigation in violation of Code Section 16-12-100,80
16-12-100.1, or 16-12-100.2.81
(e) As used in this Code section, the terms 'electronic communication service' and 'remote82
computing service' shall have the same meaning as set forth in Code Section 16-9-92."83
PART II84
SECTION 2-1.85
Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is86
amended in Code Section 16-11-220, relating to definitions relative to domestic terrorism,87
as follows:88
"16-11-220.89
As used in this article, the term:90
(1) 'Assassination' means the intentional killing of an elected public official by an91
individual acting to prevent or retaliate for the performance of official duties or because92
of the public position held by the official.93
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(2) 'Critical infrastructure' means publicly or privately owned facilities, systems,94
functions, or assets, whether physical or virtual, providing or distributing services for the95
benefit of the public, including, but not limited to, energy, fuel, water, agriculture, health96
care, finance, communication, or any other vital public service.97
(2) 'Domestic terrorism' means any felony violation of, or attempt to commit a felony98
violation of the laws of this state which, as part of a single unlawful act or a series of99
unlawful acts which are interrelated by distinguishing characteristics, is intended to cause100
serious bodily harm, kill any individual or group of individuals, or disable or destroy101
critical infrastructure, a state or government facility, or a public transportation system102
when such disability or destruction results in major economic loss, and is intended to:103
(A) Intimidate the civilian population of this state or any of its political subdivisions;104
(B) Alter, change, or coerce the policy of the government of this state or any of its105
political subdivisions by intimidation or coercion; or106
(C) Affect the conduct of the government of this state or any of its political107
subdivisions by use of destructive devices, assassination, or kidnapping.108
(3) 'Public transportation system' means all facilities, conveyances, and instrumentalities,109
whether publicly or privately owned, that are used in or for publicly available services110
for the transportation of individuals or cargo.111
(4) 'Serious bodily harm' means harm to the body of another by depriving him or her of112
a member of his or her body, by rendering a member of his or her body useless, or by113
seriously disfiguring his or her body or a member thereof.114
(5) 'State or government facility' means any permanent or temporary facility or115
conveyance that is used or occupied by representatives of this state or any of its political116
subdivisions, by the legislature, by the judiciary, or by officials or employees of this state117
or any of its political subdivisions.118
(6) 'Vital public service' shall have the same meaning as provided in Code Section119
16-7-22.120
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SECTION 2-2.
121
Said title is further amended by revising Code Section 16-11-221, relating to penalties for122
domestic terrorism, as follows:123
"16-11-221.124
(a) A person commits the crime of domestic terrorism when he or she commits or attempts
125
to commit a felony violation of the laws of this state which, as part of a single unlawful act126
or a series of unlawful acts which are interrelated by distinguishing characteristics, is127
intended to cause serious bodily harm, kill any individual or group of individuals, or128
disable or destroy critical infrastructure, a state or government facility, or a public129
transportation system when such disability or destruction results in major economic loss,130
and is intended to:131
(1) Intimidate the civilian population of this state or any of its political subdivisions;132
(2) Alter, change, or coerce the policy of the government of this state or any of its133
political subdivisions by intimidation or coercion; or 134
(3) Affect the conduct of the government of this state or any of its political subdivisions135
by use of destructive devices, assassination, or kidnapping.136
(b) Any person who commits domestic terrorism shall be guilty of a felony and upon137
conviction thereof shall be punished as follows:138
(1) If death results to any individual, by death, by imprisonment for life without parole,139
or by imprisonment for life;140
(2) If kidnapping occurs, by imprisonment for not less than 15 nor more than 35 years,141
or by imprisonment for life;142
(3) If serious bodily harm occurs, by imprisonment for not less than 15 nor more than 35143
years; or144
(4) If critical infrastructure, a state or government facility, or a public transportation145
system is disabled or destroyed, by imprisonment for not less than five nor more than 35146
years.147
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(b)(c) No sentence imposed under this Code section shall be suspended, stayed, probated,148
deferred, or withheld by the sentencing court; provided, however, that in the court's149
discretion, the court may suspend, stay, probate, defer, or withhold part of such sentence150
when the prosecuting attorney and the defendant have agreed to such sentence."151
SECTION 2-3.152
Said title is further amended in Code Section 16-14-3, relating to definitions relative to153
racketeer influenced and corrupt organizations, by revising subparagraph (B) of paragraph154
(4) as follows:155
"(B) Engaging in any one or more acts of domestic terrorism as described in paragraph156
(2) of Code Section 16-11-220 16-11-221 or any criminal attempt, criminal solicitation,157
or criminal conspiracy related thereto."158
SECTION 2-4.159
Code Section 20-3-10 of the Official Code of Georgia Annotated, relating to sanctuary160
policies prohibited and penalty for violation, by revising paragraph (4) of subsection (a) as161
follows:162
"(4) 'Status information' means any information, not including any information required163
by law to be kept confidential but otherwise including, but not limited to, any statement,164
document, computer generated data, recording, or photograph, which is relevant to the165
identity or location of an individual who is reasonably believed to be violating state or166
federal laws, illegally residing within the United States, or who is reasonably believed to167
be involved in domestic terrorism as that term is defined in Code Section 16-11-220 in168
violation of Code Section 16-11-221 or a terroristic act as that term is defined by Code169
Section 35-3-62."170
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SECTION 2-5.
171
Code Section 36-80-23 of the Official Code of Georgia Annotated, relating to prohibition on172
immigration sanctuary policies by local governmental entities, certification of compliance,173
and punishment, by revising paragraph (3) of subsection (a) as follows:174
"(3) 'Immigration status information' means any information, not including any175
information required by law to be kept confidential but otherwise including,
but not176
limited to, any statement, document, computer generated data, recording, or photograph,177
which is relevant to immigration status or the identity or location of an individual who178
is reasonably believed to be illegally residing within the United States or who is179
reasonably believed to be involved in domestic terrorism as that term is defined in Code180
Section 16-11-220 in violation of Code Section 16-11-221 or a terroristic act as that term181
is defined by Code Section 35-3-62."182
SECTION 2-6.183
Code Section 38-3-40 of the Official Code of Georgia Annotated, relating to definitions184
relative to the Board of Homeland Security, by revising paragraph (4) as follows:185
"(4) 'Domestic terrorism' shall have the same meaning as set forth in Code Section186
16-11-220.means an offense of Code Section 16-11-221."187
PART III188
SECTION 3-1.189
All laws and parts of laws in conflict with this Act are repealed.190
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