Legislation	Clerk's Office	Members	Committees	Meetings	Home	Senate

HB 227 - Bully Law; enact

Trense, Sharon (44th)	Richardson, James G (26th)

Status Summary	HC:	SJudy	SC:		FR:	01/26/99	LA:	01/27/99	H - Read 2nd Time

First Reader Summary

A BILL to amend Article 7 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to stalking, so as to provide for a short title; to provide for statutory construction and applicability regarding the offense of stalking; and for other purposes.

Code Sections - 16-5-90

HB 227                                             LC 11 9615 
 
 
 
 
 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Article 7 of Chapter 5 of Title 16 of the Official 
  1- 2  Code of Georgia Annotated, relating to stalking, so as to 
  1- 3  provide for a short title; to provide for statutory 
  1- 4  construction and applicability regarding  the offense of 
  1- 5  stalking; to provide for jurisdiction; to repeal conflicting 
  1- 6  laws; and for other purposes. 
 
  1- 7       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1- 8                           SECTION 1. 
 
  1- 9  This Act shall be known and may be cited as the "Bully Law." 
 
  1-10                           SECTION 2. 
 
  1-11  Article 7 of Chapter 5 of Title 16 of the Official Code of 
  1-12  Georgia Annotated, relating to stalking, is amended by 
  1-13  striking Code Section 16-5-90, relating to the offense of 
  1-14  stalking, and inserting in its place the following: 
 
  1-15    "16-5-90. 
 
  1-16    (a) A person commits the offense of stalking when he or 
  1-17    she follows, places under surveillance, or contacts 
  1-18    another person at or about a place or places without the 
  1-19    consent of the other person for the purpose of harassing 
  1-20    and intimidating the other person.  For the purpose of 
  1-21    this article, the term 'place or places' shall include any 
  1-22    public or private property occupied by the victim other 
  1-23    than the residence of the defendant.  For the purposes of 
  1-24    this article, the term 'harassing and intimidating' means 
  1-25    a knowing and willful course of conduct directed at a 
  1-26    specific person which causes emotional distress by placing 
  1-27    such person in reasonable fear for such person's safety or 
  1-28    the safety of a member of his or her immediate family, by 
  1-29    establishing a pattern of harassing and intimidating 
  1-30    behavior, and which serves no legitimate purpose.  This 
  1-31    Code section shall not be construed to require that an 
  1-32    overt threat of death or bodily injury has been made. 
 
 
 
 
                                 -1- 
 
 
 
  2- 1    (b) Except as provided in subsection (c) of this Code 
  2- 2    section, a person who commits the offense of stalking is 
  2- 3    guilty of a misdemeanor. 
 
  2- 4    (c) Upon the second conviction, and all subsequent 
  2- 5    convictions, for stalking, the defendant shall be guilty 
  2- 6    of a felony and shall be punished by imprisonment for not 
  2- 7    less than one year nor more than ten years. 
 
  2- 8    (d) Before sentencing a defendant for any conviction of 
  2- 9    stalking under this Code section or aggravated stalking 
  2-10    under Code Section 16-5-91, the sentencing judge may 
  2-11    require psychological evaluation of the offender and shall 
  2-12    consider the entire criminal record of the offender.  At 
  2-13    the time of sentencing, the judge is authorized to issue a 
  2-14    permanent restraining order against the offender to 
  2-15    protect the person stalked and the members of such 
  2-16    person's immediate family, and the judge is authorized to 
  2-17    require psychological treatment of the offender as a part 
  2-18    of the sentence, or as a condition for suspension or stay 
  2-19    of sentence, or for probation. 
 
  2-20    (e) Nothing in this Code section shall limit the offense 
  2-21    specified to situations wherein a male stalks a female or 
  2-22    a female stalks a male, but this Code section shall also 
  2-23    apply to situations involving conduct between persons of 
  2-24    the same gender and to situations involving conduct 
  2-25    wherein one or both of the persons are minors, whether or 
  2-26    not such persons are on school property or at school 
  2-27    functions.  The commission of such offense by a minor 
  2-28    subject to the jurisdiction of the juvenile court shall 
  2-29    not affect the jurisdiction of the juvenile court over 
  2-30    such offense with regard to such minor." 
 
  2-31                           SECTION 3. 
 
  2-32  All laws and parts of laws in conflict with this Act are 
  2-33  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                 -2-