Georgia 2025-2026 Regular Session

Georgia House Bill HB483 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	25 LC 49 2400S
2		-	The Senate Committee on Rules offered the following
3		-	substitute to HB 483:
	1	+	25 LC 48 1558S
	2	+	House Bill 483 (COMMITTEE SUBSTITUTE)
	3	+	By: Representatives Prince of the 132
	4	+	nd
	5	+	, Leverett of the 123
	6	+	rd
	7	+	, Smith of the 18
	8	+	th
	9	+	, Reeves of
	10	+	the 99
	11	+	th
	12	+	, Roberts of the 52
	13	+	nd
	14	+	, and others
4	15		A BILL TO BE ENTITLED
5	16		AN ACT
6		-	To amend Part 3 of Article 3 of Chapter 12 of Title 16 of the Official Code of Georgia1
7		-	Annotated, relating to sale or distribution of harmful materials to minors, so as to repeal an2
8		-	exemption for libraries and librarians from the provisions of Code Section 16-12-103,3
9		-	relating to selling, loaning, distributing, or exhibiting materials harmful to minors; to provide4
10		-	for penalties; to provide for a defense for librarians who make good faith attempts to identify5
11		-	and remove material harmful to minors; to provide for related matters; to provide for an6
12		-	effective date and applicability; to repeal conflicting laws; and for other purposes.7
	17	+	To amend Article 2 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated,
	18	+	1
	19	+	relating to assault and battery, so as to provide for protections for inspectors of code2
	20	+	enforcement; to provide for a definition; to provide for enhanced penalties for simple assault,3
	21	+	aggravated assault, simple battery, battery, and aggravated battery committed upon4
	22	+	inspectors of code enforcement in certain circumstances; to provide for related matters; to5
	23	+	provide for an effective date and applicability; to repeal conflicting laws; and for other6
	24	+	purposes.7
13	25		BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8
14	26		SECTION 1.9
15		-	Part 3 of Article 3 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated,10
16		-	relating to sale or distribution of harmful materials to minors, is amended by revising Code11
17		-	Section 16-12-104, relating to library exception, as follows:12
18		-	"16-12-104.13
19		-	The provisions of Code Section 16-12-103 shall not apply to any public library operated14
20		-	by the state or any of its political subdivisions nor to any library operated as a part of any15
21		-	school, college, or university Reserved."16
22		-	- 1 - 25 LC 49 2400S
23		-	SECTION 2.17
24		-	Said part is further amended in Code Section 16-12-105, relating to penalty, by revising18
25		-	subsection (a) and by adding a new subsection to read as follows:19
26		-	"(a) Except as provided in subsection (b) of this Code section, any person who knowingly20
27		-	violates any provision of Code Section 16-12-103 or 16-12-104 shall be guilty of a21
28		-	misdemeanor for a first offense, and a misdemeanor of a high and aggravated nature for a22
29		-	second or any subsequent offense."23
30		-	"(c) It shall be an affirmative defense to prosecution under this Code section if the person24
31		-	charged is employed to work in a library operated by the state or any of its political25
32		-	subdivisions or any library operated as a part of any school, college, or university, and such26
33		-	individual can demonstrate that he or she has made a good faith attempt to identify and27
34		-	remove from access to minors all physical or electronic material harmful to minors."28
35		-	SECTION 3.29
36		-	This Act shall become effective on July 1, 2025, and shall apply to any motions made or30
37		-	hearings or trials commenced on or after such date.31
38		-	SECTION 4.32
39		-	All laws and parts of laws in conflict with this Act are repealed.33
40		-	- 2 -
	27	+	Article 2 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to10
	28	+	assault and battery, is amended by adding a new paragraph to Code Section 16-5-19, relating11
	29	+	to definitions, to read as follows:12
	30	+	"(4.1) 'Inspector of code enforcement' means any person employed by or under contract
	31	+	13
	32	+	with a municipality, city, county, or consolidated government who performs safety14
	33	+	inspections of buildings, structures, and businesses to ensure they are operated in15
	34	+	accordance with the law."16
	35	+	H. B. 483 (SUB)
	36	+	- 1 - 25 LC 48 1558S
	37	+	SECTION 2.
	38	+	17
	39	+	Said article is further amended by revising subsection (i) of Code Section 16-5-20, relating18
	40	+	to simple assault, as follows:19
	41	+	"(i) Any person who commits the offense of simple assault upon a utility worker or
	42	+	20
	43	+	inspector of code enforcement while such worker or inspector is acting within the course21
	44	+	and scope of their his or her employment or is performing official duties at the time of the22
	45	+	offense shall, upon conviction thereof, be punished for a misdemeanor of a high and23
	46	+	aggravated nature."24
	47	+	SECTION 3.25
	48	+	Said article is further amended by revising subsection (m) of Code Section 16-5-21, relating26
	49	+	to aggravated assault, as follows:27
	50	+	"(m) Any person who commits the offense of aggravated assault upon a utility worker or28
	51	+	inspector of code enforcement while such worker or inspector is acting within the course29
	52	+	and scope of their his or her employment or is performing official duties shall, upon30
	53	+	conviction thereof, be punished by imprisonment for not less than three nor more than 2031
	54	+	years."32
	55	+	SECTION 4.33
	56	+	Said article is further amended by revising subsection (j) of Code Section 16-5-23, relating34
	57	+	to simple battery, as follows:35
	58	+	"(j) Any person who commits the offense of simple battery upon a utility worker or36
	59	+	inspector of code enforcement while such worker or inspector is acting within the course37
	60	+	and scope of their his or her employment or is performing official duties at the time of the38
	61	+	offense shall, upon conviction thereof, be punished for a misdemeanor of a high and39
	62	+	aggravated nature."40
	63	+	H. B. 483 (SUB)
	64	+	- 2 - 25 LC 48 1558S
	65	+	SECTION 5.
	66	+	41
	67	+	Said article is further amended by revising subsection (l) of Code Section 16-5-23.1, relating42
	68	+	to battery, as follows:43
	69	+	"(l) Any person who commits the offense of battery upon a utility worker or inspector of
	70	+	44
	71	+	code enforcement while such worker or inspector is acting within the course and scope of45
	72	+	their his or her employment or is performing official duties at the time of the offense shall,46
	73	+	upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature."47
	74	+	SECTION 6.48
	75	+	Said article is further amended by revising subsection (i) of Code Section 16-5-24, relating49
	76	+	to aggravated battery, as follows:50
	77	+	"(i) Any person who commits the offense of aggravated battery upon a utility worker or51
	78	+	inspector of code enforcement while such worker or inspector is acting within the course52
	79	+	and scope of their his or her employment or is performing official duties at the time of the53
	80	+	offense shall, upon conviction thereof, be punished by imprisonment for not less than three54
	81	+	nor more than 20 years."55
	82	+	SECTION 7.56
	83	+	This Act shall become effective upon its approval by the Governor or upon its becoming law57
	84	+	without such approval and shall apply to all offenses committed on or after July 1, 2025.58
	85	+	SECTION 8.59
	86	+	All laws and parts of laws in conflict with this Act are repealed.60
	87	+	H. B. 483 (SUB)
	88	+	- 3 -