Georgia 2025 2025-2026 Regular Session

Georgia Senate Bill SB61 Introduced / Bill

Filed 01/29/2025

                    25 LC 49 2069
Senate Bill 61
By: Senators Dolezal of the 27th, Dixon of the 45th, Hickman of the 4th, Still of the 48th,
Robertson of the 29th and others 
A BILL TO BE ENTITLED
AN ACT
To amend Article 6 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated,
1
relating to delinquency, so as to provide for additional offenses over which superior courts2
are authorized to exercise exclusive original jurisdiction for the trials of children 13 to 173
years of age to include the offenses of certain terroristic threats or acts involving public and4
private schools and attempt or criminal conspiracy to commit certain offenses; to repeal a5
provision that limited superior courts from exercising exclusive original jurisdiction over the6
trials of children 13 to 17 years of age alleged to have committed aggravated assault only in7
certain cases involving the use of a firearm upon a public safety officer; to provide for which8
such cases shall be subject to the class A designated felony act provisions of Code Section9
15-11-602 upon transfer to a juvenile court; to make conforming changes by including such10
additional offenses in the list of offenses for which juvenile and superior courts shall consider11
certain criteria when determining whether to transfer cases; to amend Chapter 2 of Title 2012
of the Official Code of Georgia Annotated, relating to elementary and secondary education,13
so as to require that the academic and disciplinary records of each transferring student shall14
be provided by such student's previous school to the receiving school; to reduce the number15
of days by which a parent or guardian of a transferring student shall receive copies of such16
records; to establish a misdemeanor offense for failure to disclose required information17
regarding students; to provide for penalties; to provide that certain officials shall be18
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responsible for compliance; to provide for information sharing by juvenile courts, superior
19
courts, and certain state agencies with public schools when children are subject to electronic20
monitoring and other restrictions; to provide for the criminal offenses of terroristic threat of21
a school and terroristic act upon a school; to provide for penalties; to require annual site22
threat assessments at each public school in this state; to require that such assessments inform23
school safety plans; to provide for who may conduct such assessments; to revise provisions24
for school safety plans; to provide for definitions; to provide for related matters; to provide25
for an effective date and applicability; to repeal conflicting laws; and for other purposes.26
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:27
SECTION 1.28
Article 6 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to29
delinquency, is amended by revising Code Section 15-11-560, relating to concurrent and30
original jurisdiction of superior court, as follows:31
"15-11-560.32
(a) Except as provided in subsection (b) of this Code section, the court shall have33
concurrent jurisdiction with the superior court over a child who is alleged to have34
committed a delinquent act which would be considered a crime if tried in a superior court35
and for which an adult may be punished by loss of life, imprisonment for life without36
possibility of parole, or confinement for life in a penal institution.37
(b)  The superior court shall have exclusive original jurisdiction over the trial of any child38
13 to 17 years of age who is alleged to have committed any of the following offenses:39
(1)  Murder;40
(2)  Murder in the second degree;41
(3)  Voluntary manslaughter;42
(4)  Rape;43
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(5)  Aggravated sodomy;
44
(6)  Aggravated child molestation;45
(7)  Aggravated sexual battery;46
(8)  Armed robbery if committed with a firearm;47
(9)  Aggravated assault if committed with a firearm upon a public safety officer as such
48
acts are prohibited under subsection (c) of Code Section 16-5-21; or49
(10)  Aggravated battery upon a public safety officer as such acts are prohibited under50
subsection (c) of Code Section 16-5-24;51
(11)  A terroristic threat of a school or terroristic act upon a school in violation of Code52
Section 20-2-1181.1;53
(12)  Attempt to commit or conspiracy to commit murder; or54
(13)  Attempt to commit or conspiracy to commit any of the offenses provided for in55
paragraphs (4), (5), (6), (7), (8), (9), (10), and (11) of this subsection.56
(c)  The granting of bail or pretrial release of a child charged with an offense enumerated57
in subsection (b) of this Code section shall be governed by the provisions of Code Section58
17-6-1.59
(d)(1) At any time before indictment, the district attorney may, after investigation and60
for cause, decline prosecution in the superior court of a child 13 to 17 years of age alleged61
to have committed an offense specified in subsection (b) of this Code section.  Upon62
declining such prosecution in the superior court, the district attorney shall cause a petition63
to be filed in the appropriate juvenile court for adjudication within 72 hours if the child64
is in detention or 30 days if the child is not in detention.65
(2)(A) Except as provided in paragraph (8) of subsection (b) of Code Section66
15-11-602 or subparagraph (B) of this paragraph, any case transferred by the district67
attorney to the juvenile court pursuant to this subsection shall be subject to the class A68
designated felony act provisions of Code Section 15-11-602, and the transfer of the case69
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from superior court to juvenile court shall constitute notice to such child that such case
70
is subject to the class A designated felony act provisions of Code Section 15-11-602.71
(B)  Any case transferred by the district attorney to the juvenile court pursuant to this
72
subsection involving a child 13 to 17 years of age alleged to have committed an offense73
specified in paragraph (13) of subsection (b) of this Code section shall not be subject74
to subparagraph (A) of this paragraph.75
(e)(1)  After indictment, the superior court may after investigation transfer to the juvenile76
court any case involving a child 13 to 17 years of age alleged to have committed any act77
described in paragraph (3), (5), (6), (7), (9), or (10), (11), (12), or (13) of subsection (b)78
of this Code section.  In considering the transfer of such case, the court shall consider the79
criteria set forth in Code Section 15-11-562.  Any such transfer shall be appealable by the80
State of Georgia pursuant to Code Section 5-7-1.  Upon such a transfer by the superior81
court, jurisdiction shall vest in the juvenile court and jurisdiction of the superior court82
shall terminate.83
(2)(A) Except as provided in paragraph (8) of subsection (b) of Code Section84
15-11-602 or subparagraph (B) of this paragraph, any case transferred by the superior85
court to the juvenile court pursuant to this subsection shall be subject to the class A86
designated felony act provisions of Code Section 15-11-602, and the transfer of the case87
from superior court to juvenile court shall constitute notice to such child that such case88
is subject to the class A designated felony act provisions of Code Section 15-11-602.89
(B)  Any case transferred by the superior court to the juvenile court pursuant to this90
subsection involving a child 13 to 17 years of age alleged to have committed an offense91
specified in paragraph (13) of subsection (b) of this Code section shall not be subject92
to subparagraph (A) of this paragraph.93
(f)  The superior court may transfer any case involving a child 13 to 17 years of age alleged94
to have committed any offense enumerated in subsection (b) of this Code section and95
convicted of a lesser included offense not included in subsection (b) of this Code section96
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to the juvenile court of the county of such child's residence for disposition.  Upon such a
97
transfer by the superior court, jurisdiction shall vest in the juvenile court and jurisdiction98
of the superior court shall terminate.99
(g)  Within 30 days of any proceeding in which a child 13 to 17 years of age is convicted100
of certain offenses over which the superior court has original jurisdiction as provided in101
subsection (b) of this Code section or adjudicated as a delinquent child on the basis of102
conduct which if committed by an adult would constitute such offenses, the superior court103
shall provide written notice to the school superintendent or his or her designee of the school104
in which such child is enrolled or, if the information is known, of the school in which such105
child plans to be enrolled at a future date.  Such notice shall include the specific criminal106
offense that such child committed.  The local school system to which such child is assigned107
may request further information from the court's file.108
(h)  As used in this Code section, the term 'firearm' means a handgun, rifle, shotgun, or109
other weapon which will or can be converted to expel a projectile by the action of an110
explosive or electrical charge."111
SECTION 2.112
Said article is further amended by revising subsection (a) of Code Section 15-11-562, relating113
to transfer criteria and written report, as follows:114
"(a)  The criteria that the juvenile court shall consider in determining whether to transfer115
an alleged delinquent child as set forth in subsection (a) of Code Section 15-11-561 to116
superior court and the criteria that the superior court shall consider in determining whether117
to transfer any case involving a child 13 to 17 years of age alleged to have committed any118
act described in paragraph (3), (5), (6), (7), (9), or
 (10), (11), (12), or (13) of subsection (b)119
of Code Section 15-11-560 to juvenile court as set forth in subsection (e) of Code Section120
15-11-560 includes, but shall not be limited to:121
(1)  The age of such child;122
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(2)  The seriousness of the alleged offense, especially if personal injury resulted;
123
(3)  Whether the protection of the community requires transfer of jurisdiction;124
(4)  Whether the alleged offense involved violence or was committed in an aggressive or125
premeditated manner;126
(5)  The impact of the alleged offense on the alleged victim, including the permanence127
of any physical or emotional injury sustained, health care expenses incurred, and lost128
earnings suffered;129
(6) The culpability of such child including such child's level of planning and130
participation in the alleged offense;131
(7)  Whether the alleged offense is a part of a repetitive pattern of offenses which132
indicates that such child may be beyond rehabilitation in the juvenile justice system;133
(8)  The record and history of such child, including experience with the juvenile justice134
system, other courts, supervision, commitments to juvenile institutions, and other135
placements;136
(9)  The sophistication and maturity of such child as determined by consideration of his137
or her home and environmental situation, emotional condition, and pattern of living;138
(10)  The program and facilities available to the juvenile court in considering disposition;139
and140
(11)  Whether or not a child can benefit from the treatment or rehabilitative programs141
available to the juvenile court."142
SECTION 3.143
Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and144
secondary education, is amended by revising Code Section 20-2-670, relating to145
requirements for transferring students beyond sixth grade, conditional admission, and146
compliance, as follows:147
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"20-2-670.
148
(a)  A transferring student applying for admission to a grade higher than the sixth grade149
shall as a prerequisite to admission present a certified copy of his or her academic transcript150
and disciplinary record from the school previously attended.151
(b)(1)(A)
  In lieu of complying with the provision of subsection (a) of this Code152
section, a transferring student may be admitted on a conditional basis if he or she and153
his or her parent or legal guardian execute a document providing the name and address154
of the school last attended and authorizing the release of all academic and disciplinary155
records to the school administration.  Such records shall be transferred to the school156
administration within ten days by the local school superintendent or the school157
principal, as applicable, of such school last attended. The parent or guardian shall be158
notified of the transfer of such records and shall, upon written request made within ten159
days of such notice, be entitled to receive a copy of such records within five days. 160
Within five days of the receipt of a copy of such records, the parent or guardian may161
make a written request for and shall be entitled to a hearing before the local school162
superintendent or principal of the school, as applicable, or his or her designee which is163
the custodian of such records for the purpose of challenging the content of the records.164
(B)  Any form document to authorize the release of records which is provided by a165
school to a transferring student or such student's parent or legal guardian shall include166
a list of class A designated felony acts or class B designated felony acts.167
(2) The student or his or her parent or legal guardian shall also disclose on the same168
document as the release provided for in paragraph (1) of this subsection whether the child169
has ever been adjudicated guilty of the commission of a class A designated felony act or170
class B designated felony act, as defined in Code Section 15-11-2 and, if so, the date of171
such adjudication, the offense committed, the jurisdiction in which such adjudication was172
made, and the sentence imposed.  Any form document to authorize the release of records173
which is provided by a school to a transferring student or such student's parent or legal174
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guardian shall include a list of class A designated felony acts or class B designated felony
175
acts.  The student or his or her parent or legal guardian shall also disclose on the176
document whether the student is currently serving a suspension or expulsion from another177
school, the reason for such discipline, and the term of such discipline.  Any student or the
178
parent or legal guardian of such student residing in this state who violates this Code179
section shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject180
to a fine of not greater than $1,000.00, imprisonment not to exceed 30 days, community181
service, or any combination of such penalties, at the discretion of the court having182
jurisdiction.183
(3) If a student so conditionally admitted is found to be ineligible for enrollment pursuant184
to the provisions of Code Section 20-2-751.2, or is subsequently found to be so ineligible,185
he or she shall be dismissed from enrollment until such time as he or she becomes so186
eligible.187
(c)  Every school system and school in this state shall be obligated to provide complete188
information to a requesting school pursuant to subsection (b) of this Code section within189
ten days of receipt of such request.190
(d)(1)  In the case of local school systems, the local school superintendent shall be191
responsible for transferring records as required by subsection (b) of this Code section and192
providing complete information as required by subsection (c) of this Code section.193
(2)  Except as provided in paragraph (1) of this subsection, the school principal shall be194
responsible for transferring records as required by subsection (b) of this Code section and195
providing complete information as required by subsection (c) of this Code section."196
SECTION 4.197
Said chapter is further amended by revising Code Section 20-2-701, relating to responsibility198
for reporting truants to juvenile or other courts, as follows:199
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"20-2-701.
200
(a)
 Local school superintendents as applied to private schools, the Department of201
Education as applied to home study programs, or visiting teachers and attendance officers202
as applied to public schools, after written notice to the parent or guardian of a child, shall203
report to the juvenile or other court having jurisdiction under Chapter 11 of Title 15 any204
child who is absent from a public or private school or a home study program in violation205
of this subpart.  If the judge of the court places such child in a home or in a public or206
private institution pursuant to Chapter 11 of Title 15, school shall be provided for such207
child.  The Department of Education shall coordinate with local school superintendents208
with respect to attendance records and notification for students in home study programs.209
(b)(1)  Except as prohibited by Code Section 15-11-710, each superior court and juvenile210
court in this state and the Department of Juvenile Justice, the Department of Behavioral211
Health and Developmental Disabilities, the Department of Human Services, and the212
Division of Family and Children Services shall notify the local school system or other213
public school in which a child is enrolled or would be enrolled by virtue of his or her214
residence when such court or state agency has ordered that such child shall be subject to215
electronic monitoring, as such term is defined in Code Section 42-3-111; an intensive216
supervision program; or a home confinement program.217
(2)  A local school system or public school that receives information provided for in218
paragraph (1) of this subsection shall:219
(A)  Maintain the confidential nature of such information; and220
(B)  Be authorized to utilize such information for purposes of promoting and protecting221
the safety of such child and the school community.222
(3)  There shall be no presumption that a local school system will utilize the information223
provided for in paragraph (1) of this subsection to the detriment of such child."224
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SECTION 5.
225
Said chapter is further amended in Article 27, relating to loitering at or disrupting schools,226
by adding a new Code section to read as follows:227
"20-2-1181.1.
228
(a)  As used in this Code section, the term:229
(1)  'Hazardous substance' shall have the same meaning as set forth in Code Section230
12-8-92.231
(2)  'Weapon' shall have the same meaning as set forth in Code Section 16-5-44.1. Such232
term shall include, but shall not be limited to, each item included in paragraph (4) of233
subsection (a) of Code Section 16-11-127.1.234
(b)  A person commits the offense of a terroristic threat of a school when he or she235
threatens to commit any crime of violence, release any hazardous substance, or burn or236
damage property and such threat is made:237
(1)  With the purpose of terrorizing another who at the time of such threat is physically238
present:239
(A)  On public or private school operated property, including, but not limited to, school240
buildings and school grounds, or on a playground or recreational area that is adjacent241
to such property and that is used primarily by persons under 18 years of age;242
(B)  On a school bus or other vehicle furnished by a public or private school for the243
transportation of students; or244
(C)  At a public or private school sponsored activity;245
(2)  With the purpose of causing the evacuation of:246
(A)  Public or private school operated property, including, but not limited to, school247
buildings and school grounds, or a playground or recreational area that is adjacent to248
such property and that is used primarily by persons under 18 years of age; or249
(B)  A school bus or other vehicle furnished by a public or private school for the250
transportation of students; or251
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(3)  In reckless disregard of the risk of causing the terror or evacuation described in252
paragraph (1) or (2) of this subsection.253
(c)  A person commits the offense of a terroristic act upon a school when he or she commits254
an act of using a weapon or flaming symbol or flambeau, releasing any hazardous255
substance or any simulated hazardous substance under the guise of a hazardous substance,256
or, while not in the commission of a lawful act, shooting at or throwing an object at a257
conveyance which is being operated or which is occupied by passengers and such act is258
committed:259
(1)  With the purpose of terrorizing another who at the time of such act is physically260
present:261
(A)  On public or private school operated property, including, but not limited to, school262
buildings and school grounds, or on a playground or recreational area that is adjacent263
to such property and that is used primarily by persons under 18 years of age;264
(B)  On a school bus or other vehicle furnished by a public or private school for the265
transportation of students; or266
(C)  At a public or private school sponsored activity;267
(2)  With the purpose of causing the evacuation of:268
(A)  Public or private school operated property, including, but not limited to, school269
buildings and school grounds, or a playground or recreational area that is adjacent to270
such property and that is used primarily by persons under 18 years of age; or271
(B)  A school bus or other vehicle furnished by a public or private school for the272
transportation of students; or273
(3)  In reckless disregard of the risk of causing the terror or evacuation described in274
paragraph (1) or (2) of this subsection.275
(d)(1)  A person convicted of the offense of a terroristic threat of a school shall be276
punished as for a misdemeanor; provided, however, that, if the threat suggested the death277
of any person, the person shall be guilty of a felony and upon conviction thereof shall be278
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punished by a fine of not more than $1,000.00, imprisonment for not less than one nor279
more than five years, or both; and provided, further, that, if any person suffers a serious280
physical injury as a direct result of a threat giving rise to a conviction under281
subsection (b) of this Code section, the person shall be guilty of a felony and upon282
conviction thereof shall be punished by a fine of not more than $250,000.00,283
imprisonment for not less than five nor more than 40 years, or both.284
(2)  A person convicted of the offense of a terroristic act upon a school shall be guilty of285
a felony and upon conviction thereof shall be punished by a fine of not more than286
$5,000.00, imprisonment for not less than one nor more than ten years, or both; provided,287
however, that, if any person suffers a serious physical injury as a direct result of an act288
giving rise to a conviction under subsection (c) of this Code section, the person shall be289
guilty of a felony and upon conviction thereof shall be punished by a fine of not more290
than $250,000.00, imprisonment for not less than five nor more than 40 years, or both."291
SECTION 6.292
Said chapter is further amended by revising Code Section 20-2-1185, relating to school293
safety plans and drills, as follows:294
"20-2-1185.295
(a)  As used in this Code section, the term 'site threat assessment' means conducting an296
evaluation for purposes of most effectively preventing, reducing, or responding to threats297
of violence, mass casualty incidents and other acts of terrorism, natural disasters, and298
hazardous materials accidents.299
(b)(1)  By June 1 of each year, each public school in this state shall have performed a site300
threat assessment of its buildings, facilities, and campuses by a law enforcement agency301
or other appropriate government agency or by an individual or entity certified and302
approved pursuant to paragraph (2) of this subsection. Such site threat assessment shall303
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inform the preparation and maintenance of a school safety plan as provided for in304
subsection (c) of this Code section.305
(2)  The Georgia Emergency Management and Homeland Security Agency shall be306
exclusively authorized to certify and approve private individuals and entities to provide307
site threat assessments to public schools in this state.  Beginning January 1, 2026, the308
Georgia Emergency Management and Homeland Security Agency shall maintain a list309
of individuals and entities that are certified and approved for purposes of this Code310
section to provide site threat assessments to public schools.311
(c)(1)  Each Every public school in this state shall prepare and annually review and312
update as necessary a school safety plan to help curb the growing incidence of violence313
in schools, to respond effectively to such incidents, and to provide a safe learning314
environment for Georgia's children, teachers, and other school personnel.  Such plan shall315
also address preparedness for natural disasters, hazardous materials or radiological316
accidents, acts of violence, and acts of terrorism.  School safety plans of public schools317
shall be prepared with input from students enrolled in that school, parents or legal318
guardians of such students, teachers in that school, community leaders, other school319
employees and school district employees, and local law enforcement, juvenile court, fire320
service, public safety, and emergency management agencies.  As part of such plans,321
public schools shall provide for the coordination with local law enforcement agencies and322
the local juvenile court system.  Such plans of public schools shall be submitted to the323
local law enforcement agency designated as having approval authority by the local board324
of education.325
(2) School safety plans shall include, at a minimum, the following strategy areas:326
(1)(A) Training school administrators, teachers, and support staff, including, but not327
limited to, school resource officers, security officers, secretaries, custodians, and bus328
drivers, on school violence prevention, school security, school threat assessment,329
mental health awareness, and school emergency planning best practices;330
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(2)(B) Evaluating and refining school security measures;331
(3)(C) Updating and exercising school emergency preparedness plans;332
(4)(D) Strengthening partnerships with public safety officials; and333
(5)(E) Creating enhanced crisis communications plans and social media strategies;334
(F)  Addressing security issues in school safety zones, as defined in Code Section335
16-11-127.1;336
(G)  Addressing security issues involving school functions held during noninstructional337
hours; and338
(H)  Addressing security issues involving the transportation of students to and from339
school and school functions when such transportation is furnished by the school.340
(3)  The school safety plan of each public school shall be submitted to the Department of341
Education after the approval of such plan by a local law enforcement agency designated342
as having approval authority by the local board of education.  The Department of343
Education shall publish on its public website a list of all public schools that have344
completed and all public schools that are delinquent in completing the site threat345
assessment required in subsection (b) of this Code section.346
(d) School safety plans of private schools may be prepared with input from students347
enrolled in that school, parents or legal guardians of such students, teachers in that school,348
other school employees, and local law enforcement, fire service, public safety, and349
emergency management agencies.  Such plans shall be reviewed and, if necessary, updated350
annually. Such plans of public schools shall be submitted to the local emergency351
management agency, the local law enforcement agency, and the Georgia Emergency352
Management and Homeland Security Agency for approval.353
(b)(e) A public school may request funding assistance from the state for facilities,354
technology, or other safety improvements or initiatives, such as the installation of safety355
equipment, including, but not limited to, video surveillance cameras, metal detectors,356
alarms, communications systems, building access controls, and other similar security357
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devices.  The Department of Education shall establish criteria that will be applied in
358
reviewing funding requests pursuant to this subsection which shall take into consideration359
the physical security needs of the public school in evaluating how the school safety plan360
and funding request will support such physical security needs.  Funding may be provided361
to a public school in accordance with a school safety plan prepared by the school and362
approved by the local board of education, the local law enforcement agency, the
363
Department of Education, and the Georgia Emergency Management and Homeland364
Security Agency as provided for in subsection (c) of this Code section; provided, however,365
that a public school shall be required to match the state funding with local funds unless the366
school can demonstrate a substantial hardship.367
(c)  School safety plans prepared by public schools shall address security issues in school368
safety zones as defined in Code Section 16-11-127.1.  School safety plans should also369
address security issues involving the transportation of pupils to and from school and school370
functions when such transportation is furnished by the school or school system and school371
functions held during noninstructional hours.372
(d)(f) The Georgia Emergency Management and Homeland Security Agency shall provide373
training and technical assistance to public school systems, and may provide this same374
training and technical assistance to private school systems and independent private schools375
throughout this state in the area of emergency management and safe school operations. 376
This training and technical assistance shall include, but not be limited to, crisis response377
team development, site surveys and safety audits site threat assessments, crisis management378
planning, exercise design, safe school planning, emergency operations planning, search and379
seizure, bomb threat management, and model school safety plans.380
(e)(g)(1)  Every public school shall conduct drills with students, school administrators,381
teachers, and other school personnel on the execution of school safety plans in such form382
and at such intervals based upon guidance from the Georgia Emergency Management and383
Homeland Security Agency.384
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(2)  By October 1 of each school year, every public school shall conduct an intruder alert
385
drill for students, school administrators, teachers, and other school personnel based upon386
guidance from the Georgia Emergency Management and Homeland Security Agency. 387
Each local school system or public school governing body shall promptly report to the388
Georgia Emergency Management and Homeland Security Agency the completion of such389
drills.  All students shall participate in intruder alert drills provided for in this paragraph;390
provided, however, that the governing body of a local school system or public school may391
provide an option for a child's parent or legal guardian to elect, in writing, that such child392
not participate in intruder alert drills.  As used in this paragraph, the term 'intruder alert393
drill' means a set of procedures designed to familiarize the occupants of a building with394
ways to protect themselves against potential threats posed by an intruder who possesses395
or is suspected of possessing a weapon, as defined in Code Section 20-2-742."396
SECTION 7.397
This Act shall become effective upon its approval by the Governor or upon its becoming law398
without such approval; provided, however, that Sections 3 and 5 of this Act shall be399
applicable to offenses committed on or after such date.400
SECTION 8.401
All laws and parts of laws in conflict with this Act are repealed.402
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