| 3 | 3 | | By: Representatives Martinez of the 111 |
|---|
| 4 | 4 | | th |
|---|
| 5 | 5 | | , Bonner of the 73 |
|---|
| 6 | 6 | | rd |
|---|
| 7 | 7 | | , Reeves of the 99 |
|---|
| 8 | 8 | | th |
|---|
| 9 | 9 | | , Clark of |
|---|
| 10 | 10 | | the 100 |
|---|
| 11 | 11 | | th |
|---|
| 12 | 12 | | , and Leverett of the 123 |
|---|
| 13 | 13 | | rd |
|---|
| 14 | 14 | | |
|---|
| 15 | 15 | | A BILL TO BE ENTITLED |
|---|
| 16 | 16 | | AN ACT |
|---|
| 17 | 17 | | To amend Article 4 of Chapter 13 of Title 19 of the Official Code of Georgia Annotated, |
|---|
| 18 | 18 | | 1 |
|---|
| 19 | 19 | | relating to the Protective Order Registry, so as to revise certain definitions; to amend Part 12 |
|---|
| 20 | 20 | | of Article 5 of Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to 3 |
|---|
| 21 | 21 | | general provisions of the Code of Military Justice, so as to provide for processes for4 |
|---|
| 22 | 22 | | protective orders to be issued by military judges that prohibit contact between specific5 |
|---|
| 23 | 23 | | members of the state militia in the instance that one member of such militia has been accused6 |
|---|
| 24 | 24 | | of stalking by another member of such militia; to amend Part 7 of Article 5 of Chapter 2 of7 |
|---|
| 25 | 25 | | Title 38 of the Official Code of Georgia Annotated, relating to trial procedures of the Code8 |
|---|
| 26 | 26 | | of Military Justice, so as to provide for contempt; to amend Part 10 of Article 5 of Chapter 29 |
|---|
| 27 | 27 | | of Title 38 of the Official Code of Georgia Annotated, relating to punitive provisions of the10 |
|---|
| 28 | 28 | | Code of Military Justice, so as to provide for courts-martial; to provide for definitions; to11 |
|---|
| 29 | 29 | | provide for related matters; to provide for an effective date; to repeal conflicting laws; and12 |
|---|
| 30 | 30 | | for other purposes.13 |
|---|
| 31 | 31 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:14 |
|---|
| 32 | 32 | | H. B. 325 |
|---|
| 34 | 34 | | SECTION 1. |
|---|
| 35 | 35 | | 15 |
|---|
| 36 | 36 | | Article 4 of Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to the16 |
|---|
| 37 | 37 | | Protective Order Registry, is amended by revising Code Section 19-13-51, relating to17 |
|---|
| 38 | 38 | | definitions, as follows:18 |
|---|
| 39 | 39 | | "19-13-51.19 |
|---|
| 40 | 40 | | As used in this article, the term:20 |
|---|
| 41 | 41 | | (1) 'Court' means judges in the classes of courts identified in Title 15, military judges as |
|---|
| 42 | 42 | | 21 |
|---|
| 43 | 43 | | defined in Code Section 38-2-1001, and any other person while acting as such a judge22 |
|---|
| 44 | 44 | | pursuant to designation as otherwise authorized by law.23 |
|---|
| 45 | 45 | | (2) 'Foreign court' means a court of competent jurisdiction in any state other than this24 |
|---|
| 46 | 46 | | state or any territory or tribal jurisdiction in the United States.25 |
|---|
| 47 | 47 | | (3) 'Foreign protective order' means any temporary order of protection, order of26 |
|---|
| 48 | 48 | | protection, restraining order, injunction, pretrial release order, or sentencing order that27 |
|---|
| 49 | 49 | | prohibits contact, acts of family violence, or stalking issued by a foreign court.28 |
|---|
| 50 | 50 | | (4) 'Law enforcement officer' means any agent or officer of this state, or a political29 |
|---|
| 51 | 51 | | subdivision or municipality thereof, who, as a full-time or part-time employee, is vested30 |
|---|
| 52 | 52 | | either expressly by law or by virtue of public employment or service with authority to31 |
|---|
| 53 | 53 | | enforce the criminal or traffic laws and whose duties include the preservation of public32 |
|---|
| 54 | 54 | | order, the protection of life and property, or the prevention, detection, or investigation of33 |
|---|
| 55 | 55 | | crime. Such term also includes the following: a state or local officer, law enforcement34 |
|---|
| 56 | 56 | | officer of the organized militia as defined in Code Section 38-2-1001, sheriff, deputy35 |
|---|
| 57 | 57 | | sheriff, dispatcher, 9-1-1 operator, police officer, prosecuting attorney, member of the36 |
|---|
| 58 | 58 | | State Board of Pardons and Paroles, a hearing officer of the State Board of Pardons and37 |
|---|
| 59 | 59 | | Paroles, and a community supervision officer of the Department of Community38 |
|---|
| 60 | 60 | | Supervision.39 |
|---|
| 61 | 61 | | (5) 'Modification' means any amendment, dismissal, or continuance.40 |
|---|
| 62 | 62 | | H. B. 325 |
|---|
| 64 | 64 | | (6) 'Prosecuting attorney' means each attorney elected to represent a judicial circuit in |
|---|
| 65 | 65 | | 41 |
|---|
| 66 | 66 | | this state and any assistant or deputy district attorney, or solicitor, in each judicial circuit42 |
|---|
| 67 | 67 | | in this state.43 |
|---|
| 68 | 68 | | (7) 'Protective order' means:44 |
|---|
| 69 | 69 | | (A) An ex parte, temporary, six-month, permanent, restraining, pretrial release, or45 |
|---|
| 70 | 70 | | sentencing order issued by a judge in this state that prohibits contact or that is pursuant46 |
|---|
| 71 | 71 | | to Article 7 of Chapter 5 of Title 16 or this chapter or a protective order or consent |
|---|
| 72 | 72 | | 47 |
|---|
| 73 | 73 | | agreement issued by a military judge pursuant to Code Section 38-2-1006.1; and48 |
|---|
| 74 | 74 | | (B) A foreign protective order.49 |
|---|
| 75 | 75 | | (8) 'Registry' means the Georgia Protective Order Registry."50 |
|---|
| 76 | 76 | | SECTION 2.51 |
|---|
| 77 | 77 | | Part 1 of Article 5 of Chapter 2 of Title 38 of the Official Code of Georgia Annotated,52 |
|---|
| 78 | 78 | | relating to general provisions of the Code of Military Justice, is amended by revising53 |
|---|
| 79 | 79 | | paragraph (15) of Code Section 38-2-1001, relating to definitions, as follows:54 |
|---|
| 80 | 80 | | "(15) 'Military judge' means an official of a general or special court-martial detailed by55 |
|---|
| 81 | 81 | | the convening authority an active or retired commissioned officer of the organized militia56 |
|---|
| 82 | 82 | | or state military force of another state or of the armed forces of the United States or a57 |
|---|
| 83 | 83 | | reserve component thereof who meets all requirements set forth in subsection (b) of Code58 |
|---|
| 84 | 84 | | Section 38-2-1026."59 |
|---|
| 85 | 85 | | SECTION 3.60 |
|---|
| 86 | 86 | | Said part is further amended by adding a new Code section to read as follows:61 |
|---|
| 87 | 87 | | "38-2-1006.1.62 |
|---|
| 88 | 88 | | (a) As used in this Code section, the term:63 |
|---|
| 89 | 89 | | H. B. 325 |
|---|
| 91 | 91 | | (1) 'State active duty' means full-time duty in the organized militia under an order of the64 |
|---|
| 92 | 92 | | Governor or otherwise issued by authority of law when such duty is paid for with funds65 |
|---|
| 93 | 93 | | of the state, including travel to and from such duty.66 |
|---|
| 94 | 94 | | (2) 'Verified petition' means a petition that has been sworn to or affirmed by the67 |
|---|
| 95 | 95 | | petitioner, in the presence of a notary public or other person authorized pursuant to 1068 |
|---|
| 96 | 96 | | U.S.C. Section 1044a, indicating that the information contained in such petition is true69 |
|---|
| 97 | 97 | | and accurate to the best of such petitioner's knowledge. Such term shall include a counter70 |
|---|
| 98 | 98 | | petition filed by a respondent.71 |
|---|
| 99 | 99 | | (b) A member of the organized militia who alleges stalking by another member of the72 |
|---|
| 100 | 100 | | organized militia may seek a protective order by filing a verified petition alleging conduct73 |
|---|
| 101 | 101 | | constituting stalking under Code Section 16-5-90. Subject matter jurisdiction under this74 |
|---|
| 102 | 102 | | Code section shall be established if a nexus exists between the alleged conduct constituting75 |
|---|
| 103 | 103 | | stalking under Code Section 16-5-90 and the organized militia. If either the petitioner or76 |
|---|
| 104 | 104 | | the accused member was in a status as provided for by Title 32 of the United States Code77 |
|---|
| 105 | 105 | | or was on state active duty during the time of the alleged conduct, a rebuttable presumption78 |
|---|
| 106 | 106 | | exists that such nexus is established.79 |
|---|
| 107 | 107 | | (c) A petition provided for in subsection (b) of this Code section shall be filed through the80 |
|---|
| 108 | 108 | | petitioner's immediate commander or any superior commander of such petitioner if the81 |
|---|
| 109 | 109 | | immediate commander is the respondent, and such immediate commander or superior82 |
|---|
| 110 | 110 | | commander shall forward such petition to the Office of the State Judge Advocate within83 |
|---|
| 111 | 111 | | 24 hours of such commander's receipt of such petition. The Office of the State Judge84 |
|---|
| 112 | 112 | | Advocate shall provide a copy of the verified petition to the respondent's immediate85 |
|---|
| 113 | 113 | | commander who shall serve the petition upon such respondent; provided, however, that,86 |
|---|
| 114 | 114 | | if the respondent's immediate commander is the petitioner, another appropriate superior87 |
|---|
| 115 | 115 | | commander of the respondent shall serve such respondent.88 |
|---|
| 116 | 116 | | (d) Upon the filing of a verified petition in which the petitioner alleges with specific facts89 |
|---|
| 117 | 117 | | that probable cause exists to establish that stalking under Code Section 16-5-90 by the90 |
|---|
| 118 | 118 | | H. B. 325 |
|---|
| 120 | 120 | | respondent has occurred in the past and may occur in the future, the military judge may91 |
|---|
| 121 | 121 | | order such temporary relief ex parte as he or she deems necessary to protect the petitioner92 |
|---|
| 122 | 122 | | from stalking. If the military judge issues an ex parte order, a copy of the order shall be93 |
|---|
| 123 | 123 | | furnished to the petitioner and a copy shall be provided to the respondent's immediate94 |
|---|
| 124 | 124 | | commander, who shall serve the order upon the respondent; provided, however, that, if the95 |
|---|
| 125 | 125 | | respondent's immediate commander is the petitioner, another appropriate superior96 |
|---|
| 126 | 126 | | commander of the respondent shall serve such respondent.97 |
|---|
| 127 | 127 | | (e) Within 10 days of the filing of the verified petition under this Code section or as soon98 |
|---|
| 128 | 128 | | as practical thereafter, but not later than 45 days after the filing of the verified petition, a99 |
|---|
| 129 | 129 | | hearing shall be held at which the petitioner must prove the allegations of the verified100 |
|---|
| 130 | 130 | | petition by a preponderance of the evidence. Notice of such hearing shall be provided to101 |
|---|
| 131 | 131 | | the petitioner and the respondent by their respective immediate commander or superior102 |
|---|
| 132 | 132 | | commander at least five days in advance of such hearing.103 |
|---|
| 133 | 133 | | (f) At the hearing provided for in subsection (e) of this Code section, the military judge104 |
|---|
| 134 | 134 | | may grant a protective order on a temporary or permanent basis or approve a consent105 |
|---|
| 135 | 135 | | agreement to bring about a cessation of conduct constituting stalking under Code Section106 |
|---|
| 136 | 136 | | 16-5-90. The military judge shall not have the authority to issue or approve mutual107 |
|---|
| 137 | 137 | | protective orders unless the respondent has filed a verified petition as a counter petition no108 |
|---|
| 138 | 138 | | later than three days, not including Saturdays, Sundays, and legal holidays, prior to the109 |
|---|
| 139 | 139 | | hearing. Such orders or agreements may:110 |
|---|
| 140 | 140 | | (1) Direct a party to refrain from such conduct constituting stalking under Code111 |
|---|
| 141 | 141 | | Section 16-5-90; and112 |
|---|
| 142 | 142 | | (2) Order a party to refrain from harassing and intimidating, as defined in Code113 |
|---|
| 143 | 143 | | Section 16-5-90, the other party to the case.114 |
|---|
| 144 | 144 | | (g) The military judge may compel obedience to a protective order or consent agreement115 |
|---|
| 145 | 145 | | issued pursuant to this Code section and may punish by contempt, in accordance with Code116 |
|---|
| 146 | 146 | | H. B. 325 |
|---|
| 148 | 148 | | Section 38-2-1048, a party's disobedience to a protective order or consent agreement issued117 |
|---|
| 149 | 149 | | pursuant to this Code section.118 |
|---|
| 150 | 150 | | (h) A protective order or consent agreement issued pursuant to this Code section shall119 |
|---|
| 151 | 151 | | apply and shall be effective throughout this state, regardless of the duty status of the120 |
|---|
| 152 | 152 | | petitioner or the respondent. It shall be the duty of the immediate commanders and any121 |
|---|
| 153 | 153 | | respective superior commanders or superior commissioned officers of the parties, every122 |
|---|
| 154 | 154 | | military judge, every superior court, every sheriff, every deputy sheriff, and every military,123 |
|---|
| 155 | 155 | | state, county, or municipal law enforcement officer within this state to enforce and carry124 |
|---|
| 156 | 156 | | out the terms of any valid protective order or consent agreement issued under the125 |
|---|
| 157 | 157 | | provisions of this Code section.126 |
|---|
| 158 | 158 | | (i) A protective order or consent agreement issued pursuant to this Code section shall127 |
|---|
| 159 | 159 | | expire by operation of law when the respondent is no longer a member of the organized128 |
|---|
| 160 | 160 | | militia by virtue of resignation, retirement, expiration of term of service, discharge, or129 |
|---|
| 161 | 161 | | transfer to the national guard of a state other than Georgia, but shall remain in full force130 |
|---|
| 162 | 162 | | and effect during any time period in which the respondent is not a member of the organized131 |
|---|
| 163 | 163 | | militia due to active military service of the United States under call or order into service.132 |
|---|
| 164 | 164 | | (j) Appeals of the grant or denial of verified petitions filed pursuant to this Code section133 |
|---|
| 165 | 165 | | shall be authorized in the same manner as appeals of domestic relations cases under Code134 |
|---|
| 166 | 166 | | Section 5-6-35."135 |
|---|
| 167 | 167 | | SECTION 4.136 |
|---|
| 168 | 168 | | Part 7 of Article 5 of Chapter 2 of Title 38 of the Official Code of Georgia Annotated,137 |
|---|
| 169 | 169 | | relating to trial procedures of the Code of Military Justice, is amended by revising Code138 |
|---|
| 170 | 170 | | Section 38-2-1048, relating to contempt and penalty, as follows:139 |
|---|
| 171 | 171 | | "38-2-1048.140 |
|---|
| 172 | 172 | | (a) A military judge may punish for contempt, in the same manner and subject to the same141 |
|---|
| 173 | 173 | | limitations as authorized for courts in Code Section 15-1-4, any person who uses any142 |
|---|
| 174 | 174 | | H. B. 325 |
|---|
| 176 | 176 | | menacing word, sign, or gesture in his or her presence, or who disturbs the proceedings of |
|---|
| 177 | 177 | | 143 |
|---|
| 178 | 178 | | the military court by any riot or disorder.144 |
|---|
| 179 | 179 | | (b) A military judge may compel obedience to any lawful writ, process, order, rule, decree, |
|---|
| 180 | 180 | | 145 |
|---|
| 181 | 181 | | or command of the military judge issued pursuant to this article and may punish by146 |
|---|
| 182 | 182 | | contempt, in the same manner and subject to the same limitations as authorized for courts147 |
|---|
| 183 | 183 | | in Code Section 15-1-4, any person's disobedience to any lawful writ, process, order, rule,148 |
|---|
| 184 | 184 | | decree, or command of the military judge issued pursuant to this article.149 |
|---|
| 185 | 185 | | (b)(c) A person subject to this article may be punished for contempt by confinement not150 |
|---|
| 186 | 186 | | to exceed 30 days or a fine of $1,000.00, or both.151 |
|---|
| 187 | 187 | | (c)(d) A person not subject to this article may be punished for contempt by a military court152 |
|---|
| 188 | 188 | | in the same manner as a criminal court of this state.153 |
|---|
| 189 | 189 | | (e) A person subject to this article who commits contempt may be tried by court-martial154 |
|---|
| 190 | 190 | | or otherwise disciplined under this article for such misconduct in addition to or instead of155 |
|---|
| 191 | 191 | | punishment for contempt.156 |
|---|
| 192 | 192 | | (f) Appeals by persons punished for contempt shall be authorized in the same manner as157 |
|---|
| 193 | 193 | | appeals of contempt cases under Code Section 5-6-34."158 |
|---|
| 194 | 194 | | SECTION 5.159 |
|---|
| 195 | 195 | | Part 10 of Article 5 of Chapter 2 of Title 38 of the Official Code of Georgia Annotated,160 |
|---|
| 196 | 196 | | relating to punitive provisions of the Code of Military Justice, is amended by revising Code161 |
|---|
| 197 | 197 | | Section 38-2-1092, relating to failure to obey order or regulation, as follows:162 |
|---|
| 198 | 198 | | "38-2-1092.163 |
|---|
| 199 | 199 | | Any person subject to this article shall be punished as a court-martial may direct who:164 |
|---|
| 200 | 200 | | (1) Violates or fails to obey any lawful general order or regulation;165 |
|---|
| 201 | 201 | | (2) Having knowledge of any other lawful order issued by a member of the organized166 |
|---|
| 202 | 202 | | militia, which it is his or her duty to obey, fails to obey the order; or167 |
|---|
| 203 | 203 | | (3) Is derelict in the performance of his or her duties; or168 |
|---|
| 204 | 204 | | H. B. 325 |
|---|