HB 1375 - Certain elected officials; threats against; provide for offense

First Reader Summary

A BILL to amend Article 2 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to obstruction of public administration and related offenses, so as to provide for the criminal offense of criminal threats or acts against any elected constitutional executive officer or member of the General Assembly and against such person's family members on account of the performance of such person's official duties; and for other purposes.

Sims, Chuck (167th) Lewis, Walter Jeffrey (14th) Dixon, Harry D (168th)
Bordeaux, Tom (151st) Ragas, Arnold M (64th) Royal, A. Richard (164th)
Status Summary HC: SJudy SC: LA: 02/17/98 H - Favorably Reported (Sub)
Page Numbers - 1/ 2
Code Sections - 16-10-32
House Action Senate
1/27/98 Read 1st Time
1/28/98 Read 2nd Time
2/17/98 Favorably Reported
Sub Committee Amend/Sub

HB 1375                                           LC 19 3751S 
 
 
 
 
 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Article 2 of Chapter 10 of Title 16 of the Official 
  1- 2  Code of Georgia Annotated, relating to obstruction of public 
  1- 3  administration and related offenses, so as to provide for 
  1- 4  the criminal offense of criminal threats or acts against 
  1- 5  certain officers of the executive, legislative, and judicial 
  1- 6  branches of this state's government and against such 
  1- 7  person's family members on account of the performance of 
  1- 8  such person's official duties; to provide for definitions; 
  1- 9  to provide for a penalty; to provide for other matters 
  1-10  relative to the foregoing; to provide an effective date; to 
  1-11  repeal conflicting laws; and for other purposes. 
 
  1-12       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1-13                           SECTION 1. 
 
  1-14  Article 2 of Chapter 10 of Title 16 of the Official Code of 
  1-15  Georgia Annotated, relating to obstruction of public 
  1-16  administration and related offenses, is amended by adding at 
  1-17  the end of said article a new Code Section 16-10-32 to read 
  1-18  as follows: 
 
  1-19    "16-10-32. 
 
  1-20    (a) As used in this Code section, the term: 
 
  1-21      (1) 'Crime of violence' means to commit, to attempt to 
  1-22      commit, conspire, or solicit another to commit an 
  1-23      offense in violation of Article 1 or Article 2 of 
  1-24      Chapter 5 of this title, relating to homicide and 
  1-25      assault and battery, or Code Section 16-5-40, relating 
  1-26      to kidnapping. 
 
  1-27      (2) 'Executive officer' means the Governor, Lieutenant 
  1-28      Governor, Secretary of State, and Attorney General; the 
  1-29      chief executive officers of the Departments of 
  1-30      Administrative Services, Agriculture, Audits and 
  1-31      Accounts, Banking and Finance, Community Affairs, 
  1-32      Defense, Education, Human Resources, Industry, Trade, 
  1-33      and Tourism, Insurance, Juvenile Justice, Labor, Medical 
 
 
 
                                 -1- 
 
 
 
  2- 1      Assistance, Public Safety, and Transportation; the 
  2- 2      director of the Georgia Bureau of Investigation; and 
  2- 3      members of the Board of Pardons and Paroles. 
 
  2- 4      (3) 'Judicial officer' means any Justice or Judge of the 
  2- 5      Georgia Supreme Court or Georgia Court of Appeals, any 
  2- 6      judge of a superior court, any district attorney, or any 
  2- 7      solicitor-general. 
 
  2- 8    (b) Any person who commits a crime of violence against an 
  2- 9    executive officer, judicial officer, or a member of the 
  2-10    General Assembly or a member of any such person's family 
  2-11    on account of the performance of such person's official 
  2-12    duties shall be guilty of a felony and shall, upon 
  2-13    conviction thereof, be punished by imprisonment for not 
  2-14    less than five years nor more than ten years. 
 
  2-15    (c) Any person who knowingly and willfully threatens to 
  2-16    commit a crime of violence against an executive officer, 
  2-17    judicial officer, or a member of the General Assembly or a 
  2-18    member of any such person's family on account of the 
  2-19    performance of such person's official duties shall be 
  2-20    guilty of a felony and shall, upon conviction thereof, be 
  2-21    punished by imprisonment for not less than one nor more 
  2-22    than three years. 
 
  2-23    (d) Any violation of this Code section shall constitute a 
  2-24    separate offense and any sentence imposed pursuant to this 
  2-25    Code section shall be consecutive to any other sentence 
  2-26    which may be imposed by law." 
 
  2-27                           SECTION 2. 
 
  2-28  This Act shall become effective July 1, 1998. 
 
  2-29                           SECTION 3. 
 
  2-30  All laws and parts of laws in conflict with this Act are 
  2-31  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                 -2- 

Clerk of the House
Robert E. Rivers, Jr., Clerk
Last Updated on 04/20/98

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