25 LC 39 4690ER
House Bill 675
By: Representatives Cox of the 28
th
, McDonald III of the 26
th
, Panitch of the 51
st
, Hitchens
of the 161
st
, and Jasperse of the 11
th
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to
1
offenses against public order and safety, so as to provide for criminal offenses related to2
material support of terrorism; to provide for penalties; to provide for legislative intent; to3
provide for the creation of guidelines for law enforcement investigations; to provide for4
definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.5
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6
SECTION 1.7
Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against8
public order and safety, is amended by adding a new article to read as follows:9
"ARTICLE 7
10
16-11-230.11
(a) As used in this article, the term:12
(1) 'Act of terrorism' means an activity that:13
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(A) Involves violent acts that are dangerous to human life and are a violation of the14
criminal laws of the United States or of any state; and15
(B) Is intended to:16
(i) Intimidate, injure, or coerce a civilian population;17
(ii) Influence the policy of a government by intimidation or coercion; or18
(iii) Affect the conduct of government through mass destruction, assassination, or19
kidnapping.20
(2) 'Designated foreign terrorist organization' means an organization designated as a21
terrorist organization under 8 U.S.C. Section 1189.22
(3) 'Expert advice or assistance' means advice or assistance derived from scientific,23
technical, or other specialized knowledge.24
(4) 'Material support or resources' means any property, tangible or intangible, or service,25
including currency or monetary instruments or financial securities, financial services,26
lodging, training, expert advice or assistance, safe houses, false documentation or27
identification, communications equipment, facilities, weapons, lethal substances,28
explosives, personnel, or transportation.29
(5) 'Training' means instruction or teaching designed to impart a specific skill rather than30
general knowledge.31
(b) A person commits a felony punishable by imprisonment for not more than 20 years or32
a fine of not more than $100,000.00, or both, if the person:33
(1) Provides material support or resources or conceals or disguises the nature, location,34
source, or ownership of the material support or resources, knowing or intending that the35
support or resources are to be used in preparation for or in carrying out an act of36
terrorism;37
(2) Conceals an escape from the commission of a violation of paragraph (1) of this38
subsection; or39
(3) Attempts or conspires to commit a violation of paragraph (1) of this subsection.40
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(c) A person who knowingly provides material support or resources to a designated foreign41
terrorist organization, or attempts or conspires to do so, commits a felony punishable by42
imprisonment for not more than 20 years or a fine of not more than $100,000.00, or both. 43
To violate this subsection, a person shall have knowledge that the organization is a44
designated foreign terrorist organization or that the organization has engaged in or engages45
in acts of terrorism.46
(d)(1) For purposes of prosecution under subsection (b) or (c) of this Code section, a47
person is deemed to provide material support or resources by providing personnel if the48
person knowingly provides, attempts to provide, or conspires to provide himself or49
herself or another person to:50
(A) Work under the direction and control of a designated foreign terrorist organization51
or a person engaged in, or intending to engage in, an act of terrorism; or52
(B) Organize, manage, supervise, or otherwise direct the operations of a designated53
foreign terrorist organization or a person engaged in, or intending to engage in, an act54
of terrorism.55
(2) An individual who acts entirely independently of the designated foreign terrorist56
organization or the person engaged in, or intending to engage in, an act of terrorism to57
advance the organization's or person's goals or objectives is not working under the58
direction and control of the designated foreign terrorist organization or person engaged59
in, or intending to engage in, an act of terrorism.60
(e) A person shall not be prosecuted under this article if his or her activity was authorized61
by a governmental or law enforcement agency of this state or of the United States in the62
agency's official capacity and pursuant to a lawful purpose or if the activity is that of an63
attorney who is authorized to practice law and is providing legal services to an individual64
who is accused of a violation of a criminal law of the United States or of any state.65
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(f) It is the intent of the General Assembly that subsections (b) and (c) of this Code section66
be interpreted in a manner consistent with federal case law interpreting 18 U.S.C.67
Sections 2339A and 2339B.68
(g) The Attorney General shall create guidelines for law enforcement investigations69
conducted pursuant to this article to ensure the protection of privacy rights, civil rights, and70
civil liberties."71
SECTION 2.72
All laws and parts of laws in conflict with this Act are repealed.73
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