| 1 | 1 | | 25 LC 39 4434 |
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| 2 | 2 | | Senate Bill 224 |
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| 3 | 3 | | By: Senators Harrell of the 40th, Jackson of the 41st and Parent of the 44th |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | To amend Part 5 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia |
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| 7 | 7 | | 1 |
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| 8 | 8 | | Annotated, relating to Brady Law regulations, so as to provide for the establishment of a2 |
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| 9 | 9 | | voluntary do not sell list for firearms; to provide for definitions; to provide for procedures3 |
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| 10 | 10 | | and conditions for registration and removal from such list; to provide for penalties; to provide4 |
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| 11 | 11 | | for limitation on the records relating to registration or removal; to provide for forms and rules5 |
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| 12 | 12 | | and regulations; to provide for related matters; to provide for a short title; to repeal6 |
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| 13 | 13 | | conflicting laws; and for other purposes.7 |
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| 14 | 14 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8 |
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| 15 | 15 | | SECTION 1.9 |
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| 16 | 16 | | This Act shall be known and may be cited as "Donna's Law."10 |
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| 17 | 17 | | SECTION 2.11 |
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| 18 | 18 | | Part 5 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated,12 |
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| 19 | 19 | | relating to Brady Law regulations, is amended by adding a new Code section to read as13 |
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| 20 | 20 | | follows:14 |
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| 21 | 21 | | S. B. 224 |
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| 22 | 22 | | - 1 - 25 LC 39 4434 |
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| 23 | 23 | | "16-11-174.15 |
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| 24 | 24 | | (a) As used in this Code section, the term:16 |
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| 25 | 25 | | (1) 'Do not sell list' or 'list' means a registry developed and maintained by the center that17 |
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| 26 | 26 | | records individuals prohibited from purchasing a firearm and who registered for such18 |
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| 27 | 27 | | prohibition voluntarily.19 |
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| 28 | 28 | | (2) 'Healthcare provider' means a person that provides healthcare or professional services20 |
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| 29 | 29 | | related to healthcare and is acting within the scope of the person's license, certification,21 |
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| 30 | 30 | | practice, education, or training.22 |
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| 31 | 31 | | (b)(1) Any individual who desires to be prohibited from purchasing a firearm may23 |
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| 32 | 32 | | register for inclusion on the do not sell list upon a form prescribed and furnished by the24 |
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| 33 | 33 | | center for such purpose:25 |
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| 34 | 34 | | (A) In person with a healthcare provider upon verification of identity by such26 |
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| 35 | 35 | | healthcare provider; or27 |
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| 36 | 36 | | (B) In person under oath with the judge of the probate court of his or her county of28 |
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| 37 | 37 | | residence.29 |
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| 38 | 38 | | (2) The form for registration pursuant to this Code section shall require the submission30 |
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| 39 | 39 | | of the name and contact information for two individuals who shall be contacted upon any31 |
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| 40 | 40 | | request for removal pursuant to subsection (d) of this Code section.32 |
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| 41 | 41 | | (3) A healthcare provider or probate judge accepting a registration request pursuant to33 |
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| 42 | 42 | | this subsection shall transmit such information to the center no later than one business34 |
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| 43 | 43 | | day after receipt of such completed form.35 |
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| 44 | 44 | | (4) The center shall provide the name of an individual registering for inclusion upon the36 |
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| 45 | 45 | | do not sell list to the NICS within 24 hours of receipt of such registration request.37 |
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| 46 | 46 | | (c)(1) It shall be unlawful to sell or offer for sale a firearm to any individual known to38 |
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| 47 | 47 | | be on the do not sell list. Any person found to have violated this paragraph shall be guilty39 |
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| 48 | 48 | | of the offense of an unauthorized sale of a firearm and punished as for a felony.40 |
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| 49 | 49 | | S. B. 224 |
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| 50 | 50 | | - 2 - 25 LC 39 4434 |
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| 51 | 51 | | (2) Any individual on the do not sell list who knowingly possesses a firearm shall be41 |
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| 52 | 52 | | liable for a civil monetary penalty of $25.00.42 |
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| 53 | 53 | | (d) No sooner than seven calendar days from the date a registration request pursuant to43 |
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| 54 | 54 | | subsection (b) of this Code section was submitted to the center by a healthcare provider or44 |
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| 55 | 55 | | probate judge, an individual may, on a form prescribed and furnished by the center for such45 |
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| 56 | 56 | | purpose, request to be removed from the do not sell list. Upon receipt of a request for46 |
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| 57 | 57 | | removal from the list pursuant to this subsection, the center shall inform each individual47 |
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| 58 | 58 | | listed upon the registration form as required under paragraph (2) of subsection (b) of this48 |
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| 59 | 59 | | Code section of such removal request. No later than 21 days from receipt of a request for49 |
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| 60 | 60 | | removal pursuant to this subsection, the center shall remove such individual from the list,50 |
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| 61 | 61 | | provide such information to the NICS, and destroy all records related to the individual's51 |
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| 62 | 62 | | original request for inclusion upon the do not sell list and request for removal from the list.52 |
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| 63 | 63 | | (e) Any individual who knowingly provides false information in executing the forms53 |
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| 64 | 64 | | required by this Code section commits the offense of false swearing within the meaning of54 |
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| 65 | 65 | | Code Section 16-10-71 and shall be subject to the penalties prescribed by such Code55 |
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| 66 | 66 | | section.56 |
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| 67 | 67 | | (f) Evidence of an individual's registration or removal from the do not sell list shall not be57 |
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| 68 | 68 | | used:58 |
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| 69 | 69 | | (1) In any court or proceeding or as a part of a criminal prosecution other than as59 |
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| 70 | 70 | | provided for in this Code section or in a prosecution for false swearing;60 |
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| 71 | 71 | | (2) By an employer to dismiss, discharge, demote, deny employment, or otherwise alter61 |
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| 72 | 72 | | the terms of employment;62 |
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| 73 | 73 | | (3) By an insurer as a basis for denial, modification, or reduction in coverage;63 |
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| 74 | 74 | | (4) To discriminate against such individual due to his or her disability as protected by64 |
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| 75 | 75 | | fair housing provisions in Article 4 of Chapter 3 of Title 8;65 |
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| 76 | 76 | | S. B. 224 |
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| 77 | 77 | | - 3 - 25 LC 39 4434 |
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| 78 | 78 | | (5) By the state, any agency or instrumentality thereof, or any county, municipality, or66 |
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| 79 | 79 | | other political subdivision of this state to reduce any benefit, program, or assistance67 |
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| 80 | 80 | | provided under a law or regulation; or68 |
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| 81 | 81 | | (6) By a healthcare provider to deny service.69 |
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| 82 | 82 | | (g) Records relating to the registration or removal of an individual from the do not sell list70 |
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| 83 | 83 | | shall not be subject to Article 4 of Chapter 18 of Title 50, relating to open records.71 |
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| 84 | 84 | | (h) The center shall adopt rules and regulations necessary to carry out this Code section,72 |
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| 85 | 85 | | including a procedure for the transmission of a registration request by a healthcare provider73 |
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| 86 | 86 | | or probate judge and the development of forms required by this Code section. Such forms74 |
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| 87 | 87 | | shall include all information required by the NICS, a signature line for the requesting75 |
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| 88 | 88 | | individual, and notice that the form is subject to penalties for false swearing."76 |
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| 89 | 89 | | SECTION 3.77 |
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| 90 | 90 | | All laws and parts of laws in conflict with this Act are repealed.78 |
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| 91 | 91 | | S. B. 224 |
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| 92 | 92 | | - 4 - |
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