05 LC 29
1689
House
Bill 544
By:
Representatives Abdul-Salaam of the
74th,
Talton of the
145th,
Jordan of the
77th,
Brooks of the
63rd,
Beasley-Teague of the
65th,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
provide for a short title; to amend Part 3 of Article 4 of Chapter 11 of Title
16 of the Official Code of Georgia Annotated, relating to carrying and
possessing weapons, so as to change certain provisions relating to carrying
weapons with school safety zones, at school functions, or on school property; to
provide for a definition; to prohibit carrying weapons in parks; to provide for
related matters; to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
This
Act shall be known and may be cited as the "Travon Wilson Act."
SECTION
2.
Part
3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia
Annotated, relating to carrying and possessing weapons, is amended by striking
in its entirety Code Section 16-11-127.1, relating to carrying of weapons in
school safety zones, at school functions, or on school property, and inserting
in lieu thereof the following:
"16-11-127.1.
(a)
As used in this Code section, the term:
(1)
'School safety zone' means in, on, or within 1,000 feet of any real property
owned by or leased to any public or private elementary school, secondary school,
or school board and used for elementary or secondary education and in, on, or
within 1,000 feet of the campus of any public or private technical school,
vocational school, college, university, or institution of postsecondary
education.
(2)
'Park' means any park, land, historic site, recreation center, playground, or
recreational area which is designated as a park by the state or any political
subdivision thereof. Such term does not include wildlife management
areas.
(2)(3)
'Weapon' means and includes any pistol, revolver, or any weapon designed or
intended to propel a missile of any kind, or any dirk, bowie knife, switchblade
knife, ballistic knife, any other knife having a blade of two or more inches,
straight-edge razor, razor blade, spring stick, metal knucks, blackjack, any
bat, club, or other bludgeon-type weapon, or any flailing instrument consisting
of two or more rigid parts connected in such a manner as to allow them to swing
freely, which may be known as a nun chahka, nun chuck, nunchaku, shuriken, or
fighting chain, or any disc, of whatever configuration, having at least two
points or pointed blades which is designed to be thrown or propelled and which
may be known as a throwing star or oriental dart, or any weapon of like kind,
and any stun gun or taser as defined in subsection (a) of Code Section
16-11-106. This paragraph excludes any of these instruments used for classroom
work authorized by the teacher.
(b)
Except as otherwise provided in subsection (c) of this Code section, it shall be
unlawful for any person to carry to or to possess or have under such
persońs
control while within
a
park, a school safety
zone,
or at a school building, school function, or school property or on a bus or
other transportation furnished by the school any weapon or explosive compound,
other than fireworks the possession of which is regulated by Chapter 10 of
Title 25. Any person who violates this subsection shall be guilty of a
felony and, upon conviction thereof, be punished by a fine of not more than
$10,000.00, by imprisonment for not less than two nor more than ten years, or
both; provided, however, that upon conviction of a violation of this subsection
involving a firearm as defined in paragraph (2) of subsection (a) of Code
Section 16-11-131, or a dangerous weapon or machine gun as defined in Code
Section 16-11-121, such person shall be punished by a fine of not more than
$10,000.00 or by imprisonment for a period of not less than five nor more than
ten years, or both. A child who violates this subsection shall be subject to the
provisions of Code Section 15-11-63.
(c)
The provisions of this Code section shall not apply to:
(1)
Baseball bats, hockey sticks, or other sports equipment possessed by competitors
for legitimate athletic purposes;
(2)
Participants in organized sport shooting events or firearm training
courses;
(3)
Persons participating in military training programs conducted by or on behalf of
the armed forces of the United States or the Georgia Department of
Defense;
(4)
Persons participating in law enforcement training conducted by a police academy
certified by the Georgia Peace Officer Standards and Training Council or by a
law enforcement agency of the state or the United States or any political
subdivision thereof;
(5)
The following persons, when acting in the performance of their official duties
or when en route to or from their official duties:
(A)
A peace officer as defined by Code Section 35-8-2;
(B)
A law enforcement officer of the
state
or United States government;
(C)
A prosecuting attorney of this state or of the United States;
(D)
An employee of the Georgia Department of Corrections or a correctional facility
operated by a political subdivision of this state or the United States who is
authorized by the head of such correctional agency or facility to carry a
firearm;
(E)
A person employed as a campus police officer or school security officer who is
authorized to carry a weapon in accordance with Chapter 8 of Title 20;
and
(F)
Medical examiners, coroners, and their investigators who are employed by the
state or any political subdivision thereof;
(6)
A person who has been authorized in writing by a duly authorized official of the
school to have in such
persońs
possession or use as part of any activity being conducted at a school building,
school property, or school function a weapon which would otherwise be prohibited
by this Code section. Such authorization shall specify the weapon or weapons
which have been authorized and the time period during which the authorization is
valid;
(6.1)
A person who has been authorized in writing by a duly authorized official of the
park to have in such
persońs
possession or use as part of any activity being conducted at a park, park
building, or park facility a weapon which would otherwise be prohibited by this
Code section. Such authorization shall specify the weapon or weapons which have
been authorized and the time period during which the authorization is
valid;
(7)
A person who is licensed in accordance with Code Section 16-11-129 or issued a
permit pursuant to Code Section 43-38-10, when such person carries or picks up a
person
or student at a
park,
school building, school function, or school property or on a bus or other
transportation furnished by the school or any weapon legally kept within a
vehicle in transit through a
park by any
person or through a designated school zone
by any person other than a student;
(8)
A weapon which is in a locked compartment of a motor vehicle or one which is in
a locked container in or a locked firearms rack which is on a motor vehicle
which is being used by an adult over 21 years of age to bring to or pick up a
student at a school building, school function, or school property or on a bus or
other transportation furnished by the school, or when such vehicle is used to
transport someone to an activity being conducted on school property which has
been authorized by a duly authorized official of the school; provided, however,
that this exception shall not apply to a student attending such
school;
(8.1)
A weapon which is in a locked compartment of a motor vehicle or one which is in
a locked container in or a locked firearms rack which is on a motor vehicle
which is being used by an adult over 21 years of age to bring to or pick up a
person at a park, park building, or park facility, or when such vehicle is used
to transport someone to an activity being conducted on park property which has
been authorized by a duly authorized official of the park;
(9)
Persons employed in fulfilling defense contracts with the government of the
United States or agencies thereof when possession of the weapon is necessary for
manufacture, transport, installation, and testing under the requirements of such
contract;
(10)
Those employees of the State Board of Pardons and Paroles when specifically
designated and authorized in writing by the members of the State Board of
Pardons and Paroles to carry a weapon;
(11)
The Attorney General and those members of his or her staff whom he or she
specifically authorizes in writing to carry a weapon;
(12)
Probation supervisors employed by and under the authority of the Department of
Corrections pursuant to Article 2 of Chapter 8 of Title 42, known as the
'State-wide Probation Act,' when specifically designated and authorized in
writing by the director of the Division of Probation;
(13)
Public safety directors of municipal corporations;
(14)
State and federal trial and appellate judges;
(15)
United States attorneys and assistant United States attorneys;
(16)
Clerks of the superior courts; or
(17)
Teachers and other school personnel who are otherwise authorized to possess or
carry weapons, provided that any such weapon is in a locked compartment of a
motor vehicle or one which is in a locked container in or a locked firearms rack
which is on a motor vehicle.
(d)(1)
This Code section shall not prohibit any person who resides or works in a
business or is in the ordinary course
of
transacting lawful business or any person who is a visitor of such resident
located within a school safety zone from carrying, possessing, or having under
such
persońs
control a weapon within a school safety zone; provided, however, it shall be
unlawful for any such person to carry, possess, or have under such
persońs
control while at a school building or school function or on school property, a
school bus, or other transportation furnished by the school any weapon or
explosive compound, other than fireworks the possession of which is regulated by
Chapter 10 of Title 25.
(2)
Any person who violates this subsection shall be subject to the penalties
specified in subsection (b) of this Code section.
(3)
This subsection shall not be construed to waive or alter any legal requirement
for possession of weapons or firearms otherwise required by law.
(d.1)(1)
This Code section shall not prohibit any person who resides or works in a
business or is in the ordinary course of transacting lawful business or any
person who is a visitor of such resident located within a park from carrying,
possessing, or having under such
persońs
control a weapon within a park; provided, however, it shall be unlawful for any
such person to carry, possess, or have under such
persońs
control while at a park any weapon or explosive compound, other than fireworks
the possession of which is regulated by Chapter 10 of Title 25.
(2)
Any person who violates this subsection shall be subject to the penalties
specified in subsection (b) of this Code section.
(3)
This subsection shall not be construed to waive or alter any legal requirement
for possession of weapons or firearms otherwise required by law.
(e)
It shall be no defense to a prosecution for a violation of this Code section
that:
(1)
School was or was not in session at the time of the offense;
(2)
The real property was being used for other purposes besides school purposes at
the time of the offense; or
(3)
The offense took place on a school vehicle.
(e.1)
It shall be no defense to a prosecution for a violation of this Code section
that a park was closed or not open for business at the time of the
offense.
(f)
In a prosecution under this Code section, a map produced or reproduced by any
municipal or county agency or department for the purpose of depicting the
location and boundaries of the area on or within 1,000 feet of the real property
of a school board or a private or public elementary or secondary school that is
used for school purposes or within 1,000 feet of any campus of any public or
private technical school, vocational school, college, university, or institution
of postsecondary education, or a true copy of the map, shall, if certified as a
true copy by the custodian of the record, be admissible and shall constitute
prima-facie evidence of the location and boundaries of the area, if the
governing body of the municipality or county has approved the map as an official
record of the location and boundaries of the area. A map approved under this
Code section may be revised from time to time by the governing body of the
municipality or county. The original of every map approved or revised under this
subsection or a true copy of such original map shall be filed with the
municipality or county and shall be maintained as an official record of the
municipality or county. This subsection shall not preclude the prosecution from
introducing or relying upon any other evidence or testimony to establish any
element of this offense. This subsection shall not preclude the use or
admissibility of a map or diagram other than the one which has been approved by
the municipality or county.
(g)
A county school board may adopt regulations requiring the posting of signs
designating the areas within 1,000 feet of school boards and private or public
elementary and secondary schools as 'Weapon-free and Violence-free School Safety
Zones.'
(h)
A county, city, or consolidated governing authority may adopt regulations
requiring the posting of signs designating parks as 'Weapon-free
Zones.'"
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.