25 LC 46 1038
House Bill 325
By: Representatives Martinez of the 111
th
, Bonner of the 73
rd
, Reeves of the 99
th
, Clark of
the 100
th
, and Leverett of the 123
rd
A BILL TO BE ENTITLED
AN ACT
To amend Article 4 of Chapter 13 of Title 19 of the Official Code of Georgia Annotated,
1
relating to the Protective Order Registry, so as to revise certain definitions; to amend Part 12
of Article 5 of Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to 3
general provisions of the Code of Military Justice, so as to provide for processes for4
protective orders to be issued by military judges that prohibit contact between specific5
members of the state militia in the instance that one member of such militia has been accused6
of stalking by another member of such militia; to amend Part 7 of Article 5 of Chapter 2 of7
Title 38 of the Official Code of Georgia Annotated, relating to trial procedures of the Code8
of Military Justice, so as to provide for contempt; to amend Part 10 of Article 5 of Chapter 29
of Title 38 of the Official Code of Georgia Annotated, relating to punitive provisions of the10
Code of Military Justice, so as to provide for courts-martial; to provide for definitions; to11
provide for related matters; to provide for an effective date; to repeal conflicting laws; and12
for other purposes.13
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:14
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SECTION 1.
15
Article 4 of Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to the16
Protective Order Registry, is amended by revising Code Section 19-13-51, relating to17
definitions, as follows:18
"19-13-51.19
As used in this article, the term:20
(1) 'Court' means judges in the classes of courts identified in Title 15, military judges as
21
defined in Code Section 38-2-1001, and any other person while acting as such a judge22
pursuant to designation as otherwise authorized by law.23
(2) 'Foreign court' means a court of competent jurisdiction in any state other than this24
state or any territory or tribal jurisdiction in the United States.25
(3) 'Foreign protective order' means any temporary order of protection, order of26
protection, restraining order, injunction, pretrial release order, or sentencing order that27
prohibits contact, acts of family violence, or stalking issued by a foreign court.28
(4) 'Law enforcement officer' means any agent or officer of this state, or a political29
subdivision or municipality thereof, who, as a full-time or part-time employee, is vested30
either expressly by law or by virtue of public employment or service with authority to31
enforce the criminal or traffic laws and whose duties include the preservation of public32
order, the protection of life and property, or the prevention, detection, or investigation of33
crime. Such term also includes the following: a state or local officer, law enforcement34
officer of the organized militia as defined in Code Section 38-2-1001, sheriff, deputy35
sheriff, dispatcher, 9-1-1 operator, police officer, prosecuting attorney, member of the36
State Board of Pardons and Paroles, a hearing officer of the State Board of Pardons and37
Paroles, and a community supervision officer of the Department of Community38
Supervision.39
(5) 'Modification' means any amendment, dismissal, or continuance.40
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(6) 'Prosecuting attorney' means each attorney elected to represent a judicial circuit in
41
this state and any assistant or deputy district attorney, or solicitor, in each judicial circuit42
in this state.43
(7) 'Protective order' means:44
(A) An ex parte, temporary, six-month, permanent, restraining, pretrial release, or45
sentencing order issued by a judge in this state that prohibits contact or that is pursuant46
to Article 7 of Chapter 5 of Title 16 or this chapter or a protective order or consent
47
agreement issued by a military judge pursuant to Code Section 38-2-1006.1; and48
(B) A foreign protective order.49
(8) 'Registry' means the Georgia Protective Order Registry."50
SECTION 2.51
Part 1 of Article 5 of Chapter 2 of Title 38 of the Official Code of Georgia Annotated,52
relating to general provisions of the Code of Military Justice, is amended by revising53
paragraph (15) of Code Section 38-2-1001, relating to definitions, as follows:54
"(15) 'Military judge' means an official of a general or special court-martial detailed by55
the convening authority an active or retired commissioned officer of the organized militia56
or state military force of another state or of the armed forces of the United States or a57
reserve component thereof who meets all requirements set forth in subsection (b) of Code58
Section 38-2-1026."59
SECTION 3.60
Said part is further amended by adding a new Code section to read as follows:61
"38-2-1006.1.62
(a) As used in this Code section, the term:63
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(1) 'State active duty' means full-time duty in the organized militia under an order of the64
Governor or otherwise issued by authority of law when such duty is paid for with funds65
of the state, including travel to and from such duty.66
(2) 'Verified petition' means a petition that has been sworn to or affirmed by the67
petitioner, in the presence of a notary public or other person authorized pursuant to 1068
U.S.C. Section 1044a, indicating that the information contained in such petition is true69
and accurate to the best of such petitioner's knowledge. Such term shall include a counter70
petition filed by a respondent.71
(b) A member of the organized militia who alleges stalking by another member of the72
organized militia may seek a protective order by filing a verified petition alleging conduct73
constituting stalking under Code Section 16-5-90. Subject matter jurisdiction under this74
Code section shall be established if a nexus exists between the alleged conduct constituting75
stalking under Code Section 16-5-90 and the organized militia. If either the petitioner or76
the accused member was in a status as provided for by Title 32 of the United States Code77
or was on state active duty during the time of the alleged conduct, a rebuttable presumption78
exists that such nexus is established.79
(c) A petition provided for in subsection (b) of this Code section shall be filed through the80
petitioner's immediate commander or any superior commander of such petitioner if the81
immediate commander is the respondent, and such immediate commander or superior82
commander shall forward such petition to the Office of the State Judge Advocate within83
24 hours of such commander's receipt of such petition. The Office of the State Judge84
Advocate shall provide a copy of the verified petition to the respondent's immediate85
commander who shall serve the petition upon such respondent; provided, however, that,86
if the respondent's immediate commander is the petitioner, another appropriate superior87
commander of the respondent shall serve such respondent.88
(d) Upon the filing of a verified petition in which the petitioner alleges with specific facts89
that probable cause exists to establish that stalking under Code Section 16-5-90 by the90
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respondent has occurred in the past and may occur in the future, the military judge may91
order such temporary relief ex parte as he or she deems necessary to protect the petitioner92
from stalking. If the military judge issues an ex parte order, a copy of the order shall be93
furnished to the petitioner and a copy shall be provided to the respondent's immediate94
commander, who shall serve the order upon the respondent; provided, however, that, if the95
respondent's immediate commander is the petitioner, another appropriate superior96
commander of the respondent shall serve such respondent.97
(e) Within 10 days of the filing of the verified petition under this Code section or as soon98
as practical thereafter, but not later than 45 days after the filing of the verified petition, a99
hearing shall be held at which the petitioner must prove the allegations of the verified100
petition by a preponderance of the evidence. Notice of such hearing shall be provided to101
the petitioner and the respondent by their respective immediate commander or superior102
commander at least five days in advance of such hearing.103
(f) At the hearing provided for in subsection (e) of this Code section, the military judge104
may grant a protective order on a temporary or permanent basis or approve a consent105
agreement to bring about a cessation of conduct constituting stalking under Code Section106
16-5-90. The military judge shall not have the authority to issue or approve mutual107
protective orders unless the respondent has filed a verified petition as a counter petition no108
later than three days, not including Saturdays, Sundays, and legal holidays, prior to the109
hearing. Such orders or agreements may:110
(1) Direct a party to refrain from such conduct constituting stalking under Code111
Section 16-5-90; and112
(2) Order a party to refrain from harassing and intimidating, as defined in Code113
Section 16-5-90, the other party to the case.114
(g) The military judge may compel obedience to a protective order or consent agreement115
issued pursuant to this Code section and may punish by contempt, in accordance with Code116
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Section 38-2-1048, a party's disobedience to a protective order or consent agreement issued117
pursuant to this Code section.118
(h) A protective order or consent agreement issued pursuant to this Code section shall119
apply and shall be effective throughout this state, regardless of the duty status of the120
petitioner or the respondent. It shall be the duty of the immediate commanders and any121
respective superior commanders or superior commissioned officers of the parties, every122
military judge, every superior court, every sheriff, every deputy sheriff, and every military,123
state, county, or municipal law enforcement officer within this state to enforce and carry124
out the terms of any valid protective order or consent agreement issued under the125
provisions of this Code section.126
(i) A protective order or consent agreement issued pursuant to this Code section shall127
expire by operation of law when the respondent is no longer a member of the organized128
militia by virtue of resignation, retirement, expiration of term of service, discharge, or129
transfer to the national guard of a state other than Georgia, but shall remain in full force130
and effect during any time period in which the respondent is not a member of the organized131
militia due to active military service of the United States under call or order into service.132
(j) Appeals of the grant or denial of verified petitions filed pursuant to this Code section133
shall be authorized in the same manner as appeals of domestic relations cases under Code134
Section 5-6-35."135
SECTION 4.136
Part 7 of Article 5 of Chapter 2 of Title 38 of the Official Code of Georgia Annotated,137
relating to trial procedures of the Code of Military Justice, is amended by revising Code138
Section 38-2-1048, relating to contempt and penalty, as follows:139
"38-2-1048.140
(a) A military judge may punish for contempt, in the same manner and subject to the same141
limitations as authorized for courts in Code Section 15-1-4, any person who uses any142
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menacing word, sign, or gesture in his or her presence, or who disturbs the proceedings of
143
the military court by any riot or disorder.144
(b) A military judge may compel obedience to any lawful writ, process, order, rule, decree,
145
or command of the military judge issued pursuant to this article and may punish by146
contempt, in the same manner and subject to the same limitations as authorized for courts147
in Code Section 15-1-4, any person's disobedience to any lawful writ, process, order, rule,148
decree, or command of the military judge issued pursuant to this article.149
(b)(c) A person subject to this article may be punished for contempt by confinement not150
to exceed 30 days or a fine of $1,000.00, or both.151
(c)(d) A person not subject to this article may be punished for contempt by a military court152
in the same manner as a criminal court of this state.153
(e) A person subject to this article who commits contempt may be tried by court-martial154
or otherwise disciplined under this article for such misconduct in addition to or instead of155
punishment for contempt.156
(f) Appeals by persons punished for contempt shall be authorized in the same manner as157
appeals of contempt cases under Code Section 5-6-34."158
SECTION 5.159
Part 10 of Article 5 of Chapter 2 of Title 38 of the Official Code of Georgia Annotated,160
relating to punitive provisions of the Code of Military Justice, is amended by revising Code161
Section 38-2-1092, relating to failure to obey order or regulation, as follows:162
"38-2-1092.163
Any person subject to this article shall be punished as a court-martial may direct who:164
(1) Violates or fails to obey any lawful general order or regulation;165
(2) Having knowledge of any other lawful order issued by a member of the organized166
militia, which it is his or her duty to obey, fails to obey the order; or167
(3) Is derelict in the performance of his or her duties; or168
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(4) Having knowledge of a protective order or consent agreement issued pursuant to169
Code Section 38-2-1006.1, which it is his or her duty to obey, fails to obey the protective170
order or consent agreement."171
SECTION 6.172
This Act shall become effective on July 1, 2025.173
SECTION 7.174
All laws and parts of laws in conflict with this Act are repealed.175
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