25 LC 39 4592
House Bill 390
By: Representatives Fleming of the 114
th
, Hagan of the 156
th
, Hitchens of the 161
st
, Scoggins
of the 14
th
, McDonald III of the 26
th
, and others
A BILL TO BE ENTITLED
AN ACT
To amend Article 2 of Chapter 11 of Title 16 and Code Section 17-6-12 of the Official Code
1
of Georgia Annotated, relating to offenses against public order and unsecured judicial2
release, requirement, effect of failure of person charged to appear for trial, and consideration3
of criminal record, respectively, so as to provide for the crime of interference with a first4
responder; to provide for penalties; to include such offense in the list of bail restricted5
offenses; to provide for definitions; to provide for a short title; to provide for related matters;6
to repeal conflicting laws; and for other purposes.7
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8
SECTION 1.9
This Act shall be known and may be cited as the "HALO Act."10
SECTION 2.11
Article 2 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to12
offenses against public order, is amended by adding a new Code section to read as follows: 13
"16-11-46.
14
(a) As used in this Code section, the term:15
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(1) 'First responder' means any firefighter, as defined in Code Section 16-10-24.1; peace16
officer, as defined in Code Section 35-8-2; and emergency medical technician, as defined17
in Code Section 16-10-24.2, who provides on-site care until the arrival and departure of18
an ambulance service licensed under Chapter 11 of Title 31 or the termination of official19
duties at the location of an emergency.20
(2) 'Harass' means to knowingly and willfully engage in any conduct directed toward a21
first responder which intentionally causes substantial emotional distress in that first22
responder and serves no legitimate purpose.23
(b) A person commits the offense of interference with a first responder when he or she,24
after receiving a verbal warning not to approach from a person he or she knows or25
reasonably should know is a first responder who is engaged in the lawful performance of26
a legal duty, knowingly and willfully violates such warning and approaches or remains27
within 25 feet of the first responder with the intent to:28
(1) Impede or interfere with the first responder's ability to perform such duty;29
(2) Threaten the first responder with physical harm; or30
(3) Harass the first responder.31
(c) A person convicted pursuant to this Code section shall be guilty of a misdemeanor of32
a high and aggravated nature."33
SECTION 3.34
Code Section 17-6-12 of the Official Code of Georgia Annotated, relating to unsecured35
judicial release, requirement, effect of failure of person charged to appear for trial, and36
consideration of criminal record, is amended in subsection (a) by striking "or" at the end of37
subparagraph (DDD), by replacing the period at the end of subparagraph (EEE) with "; or",38
and by adding a new subparagraph to read as follows:39
"(FFF) Interfering with, threatening, or harassing a first responder at the scene of an40
emergency, as described in Code Section 16-11-46."41
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SECTION 4.
42
All laws and parts of laws in conflict with this Act are repealed.43
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