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SB 113 - Crimes Against Family Members Act of 1999 - provide

Starr, Terrell (44th)	Walker, Charles W (22nd)	Kemp, Rene' D (3rd)

Status Summary	SC:	Judy	HC:	SJudy	FR:	02/04/99	LA:	04/22/99	Signed by Governor

First Reader Summary

A bill to amend Article 2 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to the crimes of assault and battery, so as to provide for the "Crimes Against Family Members Act of 1999"; to provide enhanced penalties for the commission of offenses of simple assault, aggravated assault, simple battery, and aggravated battery against persons in a domestic context.

Code Sections - 16-5-20/ 16-5-21/ 16-5-23/ 16-5-24/ 16-5-70

SB 113 99                                            SB113/AP 
 
      SENATE BILL 113 
 
      By:  Senators Starr of the 44th, Walker of the 22nd, 
           Kemp of the 3rd and others 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Article 2 of Chapter 5 of Title 16 of the Official 
  1- 2  Code of Georgia Annotated, relating to the crimes of assault 
  1- 3  and battery, so as to provide for the "Crimes Against Family 
  1- 4  Members Act of 1999"; to provide enhanced penalties for the 
  1- 5  commission of offenses of simple assault, aggravated 
  1- 6  assault, simple battery, and aggravated battery against 
  1- 7  persons in a domestic context; to change the definition of 
  1- 8  the crime of cruelty to children in the second degree; to 
  1- 9  provide penalties for certain crimes of violence committed 
  1-10  in front of children; to provide that in no event shall 
  1-11  enhanced penalties for the crimes of simple assault or 
  1-12  simple battery be applicable to corporal punishment 
  1-13  administered by a parent or guardian to a child or 
  1-14  administered by a person acting in loco parentis; to provide 
  1-15  an effective date; to repeal conflicting laws; and for other 
  1-16  purposes. 
 
  1-17       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1-18                           SECTION 1. 
 
  1-19  This Act shall be known and may be cited as the "Crimes 
  1-20  Against Family Members Act of 1999." 
 
  1-21                           SECTION 2. 
 
  1-22  Article 2 of Chapter 5 of Title 16 of the Official Code of 
  1-23  Georgia Annotated, relating to the crimes of assault and 
  1-24  battery, is amended by striking in its entirety Code Section 
  1-25  16-5-20, relating to the crime of simple assault, and 
  1-26  inserting in lieu thereof a new Code Section 16-5-20 to read 
  1-27  as follows: 
 
  1-28    "16-5-20. 
 
  1-29    (a) A person commits the offense of simple assault when he 
  1-30    or she either: 
 
  1-31      (1) Attempts to commit a violent injury to the person of 
  1-32      another; or 
 
 
 
                                 -1- 
 
 
 
  2- 1      (2) Commits an act which places another in reasonable 
  2- 2      apprehension of immediately receiving a violent injury. 
 
  2- 3    (b) Except as provided in subsection subsections (c) and 
  2- 4    (d) of this Code section, a person who commits the offense 
  2- 5    of simple assault shall be guilty of a misdemeanor. 
 
  2- 6    (c) Any person who commits the offense of simple assault 
  2- 7    in a public transit vehicle or station shall, upon 
  2- 8    conviction thereof, be punished for a misdemeanor of a 
  2- 9    high and aggravated nature. For purposes of this Code 
  2-10    section, 'public transit vehicle' means a bus, van, or 
  2-11    rail car used for the transportation of passengers within 
  2-12    a system which receives a subsidy from tax revenues or is 
  2-13    operated under a franchise contract with a county or 
  2-14    municipality of this state. 
 
  2-15    (d) If the offense of simple assault is committed between 
  2-16    past or present spouses, persons who are parents of the 
  2-17    same child, parents and children, stepparents and 
  2-18    stepchildren, foster parents and foster children, or other 
  2-19    persons excluding siblings living or formerly living in 
  2-20    the same household, the defendant shall be punished for a 
  2-21    misdemeanor of a high and aggravated nature.  In no event 
  2-22    shall this subsection be applicable to corporal punishment 
  2-23    administered by a parent or guardian to a child or 
  2-24    administered by a person acting in loco parentis." 
 
  2-25                           SECTION 3. 
 
  2-26  Said article is further amended by striking in its entirety 
  2-27  Code Section 16-5-21, relating to the crime of aggravated 
  2-28  assault, and inserting in lieu thereof a new Code Section 
  2-29  16-5-21 to read as follows: 
 
  2-30    "16-5-21. 
 
  2-31    (a) A person commits the offense of aggravated assault 
  2-32    when he or she assaults: 
 
  2-33      (1) With intent to murder, to rape, or to rob; 
 
  2-34      (2) With a deadly weapon or with any object, device, or 
  2-35      instrument which, when used offensively against a 
  2-36      person, is likely to or actually does result in serious 
  2-37      bodily injury; or 
 
  2-38      (3) A person or persons without legal justification by 
  2-39      discharging a firearm from within a motor vehicle toward 
  2-40      a person or persons. 
 
 
 
                                 -2- 
 
 
 
  3- 1    (b) Except as provided in subsections (c), (d), (e), (f), 
  3- 2    (g), and (h), and (i) of this Code section, a person 
  3- 3    convicted of the offense of aggravated assault shall be 
  3- 4    punished by imprisonment for not less than one nor more 
  3- 5    than 20 years. 
 
  3- 6    (c) A person who knowingly commits the offense of 
  3- 7    aggravated assault upon a peace officer while the peace 
  3- 8    officer is engaged in, or on account of the performance 
  3- 9    of, his or her official duties shall, upon conviction 
  3-10    thereof, be punished by imprisonment for not less than 
  3-11    five nor more than 20 years. 
 
  3-12    (d) Any person who commits the offense of aggravated 
  3-13    assault against a person who is 65 years of age or older 
  3-14    shall, upon conviction thereof, be punished by 
  3-15    imprisonment for not less than three nor more than 20 
  3-16    years. 
 
  3-17      (e)(1) As used in this subsection, the term 
  3-18      'correctional officer' shall include superintendents, 
  3-19      wardens, deputy wardens, guards, and correctional 
  3-20      officers of state, county, and municipal penal 
  3-21      institutions who are certified by the Georgia Peace 
  3-22      Officer Standards and Training Council pursuant to 
  3-23      Chapter 8 of Title 35 and employees of the Department of 
  3-24      Juvenile Justice who are known to be employees of the 
  3-25      department or who have given reasonable identification 
  3-26      of their employment. 
 
  3-27      (2) A person who knowingly commits the offense of 
  3-28      aggravated assault upon a correctional officer while the 
  3-29      correctional officer is engaged in, or on account of the 
  3-30      performance of, his or her official duties shall, upon 
  3-31      conviction thereof, be punished by imprisonment for not 
  3-32      less than five nor more than 20 years. 
 
  3-33    (f) Any person who commits the offense of aggravated 
  3-34    assault in a public transit vehicle or station shall, upon 
  3-35    conviction thereof, be punished by imprisonment for not 
  3-36    less than three nor more than 20 years.  For purposes of 
  3-37    this Code section, 'public transit vehicle' has the same 
  3-38    meaning as in subsection (c) of Code Section 16-5-20. 
 
  3-39    (g) A person convicted of an offense described in 
  3-40    paragraph (3) of subsection (a) of this Code section shall 
  3-41    be punished by imprisonment for not less than five nor 
  3-42    more than 20 years. 
 
 
 
                                 -3- 
 
 
 
  4- 1    (h) Any person who commits the offense of aggravated 
  4- 2    assault involving the use of a firearm upon a student or 
  4- 3    teacher or other school personnel within a school safety 
  4- 4    zone as defined in paragraph (1) of subsection (a) of Code 
  4- 5    Section 16-11-127.1 shall, upon conviction thereof, be 
  4- 6    punished by imprisonment for not less than five nor more 
  4- 7    than 20 years. 
 
  4- 8    (i) If the offense of aggravated assault is committed 
  4- 9    between past or present spouses, persons who are parents 
  4-10    of the same child, parents and children, stepparents and 
  4-11    stepchildren, foster parents and foster children, or other 
  4-12    persons excluding siblings living or formerly living in 
  4-13    the same household, the defendant shall be punished by 
  4-14    imprisonment for not less than three nor more than 20 
  4-15    years." 
 
  4-16                           SECTION 4. 
 
  4-17  Said article is further amended by striking in its entirety 
  4-18  Code Section 16-5-23, relating to the crime of simple 
  4-19  battery, and inserting in lieu thereof a new Code Section 
  4-20  16-5-23 to read as follows: 
 
  4-21    "16-5-23. 
 
  4-22    (a) A person commits the offense of simple battery when he 
  4-23    or she either: 
 
  4-24      (1) Intentionally makes physical contact of an insulting 
  4-25      or provoking nature with the person of another; or 
 
  4-26      (2) Intentionally causes physical harm to another. 
 
  4-27    (b) Except as otherwise provided in subsections (c), (d), 
  4-28    and (e), and (f) of this Code section, a person convicted 
  4-29    of the offense of simple battery shall be punished as for 
  4-30    a misdemeanor. 
 
  4-31    (c) Any person who commits the offense of simple battery 
  4-32    against a person who is 65 years of age or older or 
  4-33    against a female who is pregnant at the time of the 
  4-34    offense shall, upon conviction thereof, be punished for a 
  4-35    misdemeanor of a high and aggravated nature. 
 
  4-36    (d) Any person who commits the offense of simple battery 
  4-37    in a public transit vehicle or station shall, upon 
  4-38    conviction thereof, be punished for a misdemeanor of a 
  4-39    high and aggravated nature. For purposes of this Code 
  4-40    section, 'public transit vehicle' has the same meaning as 
  4-41    in subsection (c) of Code Section 16-5-20. 
 
 
                                 -4- 
 
 
 
  5- 1    (e) Any person who commits the offense of simple battery 
  5- 2    against a police officer, law enforcement dog, correction 
  5- 3    officer, or detention officer engaged in carrying out 
  5- 4    official duties shall, upon conviction thereof, be 
  5- 5    punished for a misdemeanor of a high and aggravated 
  5- 6    nature. 
 
  5- 7    (f) If the offense of simple battery is committed between 
  5- 8    past or present spouses, persons who are parents of the 
  5- 9    same child, parents and children, stepparents and 
  5-10    stepchildren, foster parents and foster children, or other 
  5-11    persons excluding siblings living or formerly living in 
  5-12    the same household, the defendant shall be punished for a 
  5-13    misdemeanor of a high and aggravated nature. In no event 
  5-14    shall this subsection be applicable to corporal punishment 
  5-15    administered by a parent or guardian to a child or 
  5-16    administered by a person acting in loco parentis." 
 
  5-17                           SECTION 5. 
 
  5-18  Said article is further amended by striking in its entirety 
  5-19  Code Section 16-5-24, relating to the crime of aggravated 
  5-20  battery, and inserting in lieu thereof a new Code Section 
  5-21  16-5-24 to read as follows: 
 
  5-22    "16-5-24. 
 
  5-23    (a) A person commits the offense of aggravated battery 
  5-24    when he or she maliciously causes bodily harm to another 
  5-25    by depriving him or her of a member of his or her body, by 
  5-26    rendering a member of his or her body useless, or by 
  5-27    seriously disfiguring his or her body or a member thereof. 
 
  5-28    (b) Except as provided in subsections (c), (d), (e), (f), 
  5-29    and (g), and (h) of this Code section, a person convicted 
  5-30    of the offense of aggravated battery shall be punished by 
  5-31    imprisonment for not less than one nor more than 20 years. 
 
  5-32    (c) A person who knowingly commits the offense of 
  5-33    aggravated battery upon a peace officer while the officer 
  5-34    is engaged in, or on account of the performance of, his or 
  5-35    her official duties shall, upon conviction thereof, be 
  5-36    punished by imprisonment for not less than ten nor more 
  5-37    than 20 years. 
 
  5-38    (d) Any person who commits the offense of aggravated 
  5-39    battery against a person who is 65 years of age or older 
  5-40    shall, upon conviction thereof, be punished by 
  5-41    imprisonment for not less than five nor more than 20 
  5-42    years. 
 
 
                                 -5- 
 
 
 
  6- 1      (e)(1) As used in this subsection, the term 
  6- 2      'correctional officer' shall include superintendents, 
  6- 3      wardens, deputy wardens, guards, and correctional 
  6- 4      officers of state, county, and municipal penal 
  6- 5      institutions who are certified by the Georgia Peace 
  6- 6      Officer Standards and Training Council pursuant to 
  6- 7      Chapter 8 of Title 35 and employees of the Department of 
  6- 8      Juvenile Justice who are known to be employees of the 
  6- 9      department or who have given reasonable identification 
  6-10      of their employment. 
 
  6-11      (2) A person who knowingly commits the offense of 
  6-12      aggravated battery upon a correctional officer while the 
  6-13      correctional officer is engaged in, or on account of the 
  6-14      performance of, his or her official duties shall, upon 
  6-15      conviction thereof, be punished by imprisonment for not 
  6-16      less than ten nor more than 20 years. 
 
  6-17    (f) Any person who commits the offense of aggravated 
  6-18    battery in a public transit vehicle or station shall, upon 
  6-19    conviction thereof, be punished by imprisonment for not 
  6-20    less than five nor more than 20 years.  For purposes of 
  6-21    this Code section, 'public transit vehicle' has the same 
  6-22    meaning as in subsection (c) of Code Section 16-5-20. 
 
  6-23    (g) Any person who commits the offense of aggravated 
  6-24    battery upon a student or teacher or other school 
  6-25    personnel within a school safety zone as defined in 
  6-26    paragraph (1) of subsection (a) of Code Section 
  6-27    16-11-127.1 shall, upon conviction thereof, be punished by 
  6-28    imprisonment for not less than five nor more than 20 
  6-29    years. 
 
  6-30    (h) If the offense of aggravated battery is committed 
  6-31    between past or present spouses, persons who are parents 
  6-32    of the same child, parents and children, stepparents and 
  6-33    stepchildren, foster parents and foster children, or other 
  6-34    persons excluding siblings living or formerly living in 
  6-35    the same household, the defendant shall be punished by 
  6-36    imprisonment for not less than three nor more than 20 
  6-37    years." 
 
  6-38                           SECTION 6. 
 
  6-39  Said article is further amended by striking in its entirety 
  6-40  Code Section 16-5-70, relating to the crime of cruelty to 
  6-41  children, and inserting in lieu thereof a new Code Section 
  6-42  16-5-70 to read as follows: 
 
 
 
                                 -6- 
 
 
 
  7- 1    "16-5-70. 
 
  7- 2    (a) A parent, guardian, or other person supervising the 
  7- 3    welfare of or having immediate charge or custody of a 
  7- 4    child under the age of 18 commits the offense of cruelty 
  7- 5    to children in the first degree when such person willfully 
  7- 6    deprives the child of necessary sustenance to the extent 
  7- 7    that the child's health or well-being is jeopardized. 
 
  7- 8    (b) Any person commits the offense of cruelty to children 
  7- 9    in the first degree when such person maliciously causes a 
  7-10    child under the age of 18 cruel or excessive physical or 
  7-11    mental pain. 
 
  7-12    (c) Any person commits the offense of cruelty to children 
  7-13    in the second degree when: 
 
  7-14      (1)  Such person, who is the primary aggressor, 
  7-15      intentionally allows a minor child under the age of 18 
  7-16      to witness the commission of a forcible felony, battery, 
  7-17      or family violence battery; or 
 
  7-18      (2) Such person, who is the primary aggressor, having 
  7-19      knowledge that a child under the age of 18 is present 
  7-20      and sees or hears the act, commits a forcible felony, 
  7-21      battery, or family violence battery. 
 
  7-22    (c)(d) A person convicted of the offense of cruelty to 
  7-23    children in the first degree as provided in this Code 
  7-24    section shall be punished by imprisonment for not less 
  7-25    than five nor more than 20 years. 
 
  7-26    (d)(e) A person convicted of the offense of cruelty to 
  7-27    children in the second degree shall be punished as for a 
  7-28    misdemeanor upon the first or second conviction.  Upon 
  7-29    conviction of a third or subsequent offense of cruelty to 
  7-30    children in the second degree, the defendant shall be 
  7-31    guilty of a felony and shall be sentenced to a fine not 
  7-32    less than $1,000.00 nor more than $5,000.00 or 
  7-33    imprisonment for not less than one year nor more than 
  7-34    three years or shall be sentenced to both fine and 
  7-35    imprisonment." 
 
  7-36                           SECTION 7. 
 
  7-37  Nothing herein shall be construed to validate a relationship 
  7-38  between people of the same sex as a "marriage" under the 
  7-39  laws of this State. 
 
 
 
 
 
                                 -7- 
 
 
 
  8- 1                           SECTION 8. 
 
  8- 2  This Act shall become effective upon its approval by the 
  8- 3  Governor or upon its becoming law without such approval. 
 
  8- 4                           SECTION 9. 
 
  8- 5  All laws and parts of laws in conflict with this Act are 
  8- 6  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                 -8-