06
SB532/AP
Senate
Bill 532
By:
Senators Whitehead, Sr. of the 24th, Williams of the 19th, Goggans of the 7th,
Seabaugh of the 28th, Rogers of the 21st and others
AS
PASSED
AN
ACT
To
amend provisions of the Official Code of Georgia Annotated, so as to enhance the
protection of nuclear power facilities licensed by the United States Nuclear
Regulatory Commission; to amend Chapter 11 of Title 16 of the Official Code of
Georgia Annotated, relating to offenses against public order and safety, so as
to authorize the use of certain weapons by nuclear security personnel or
contract nuclear security personnel operating pursuant to a nuclear security
plan approved by the United States Nuclear Regulatory Commission or other
authorized federal agency; to prohibit the possession or use of certain weapons
on a federally licensed nuclear plant site; to amend Chapter 4 of Title 17 of
the Official Code of Georgia Annotated, relating to arrest of persons, so as to
empower such nuclear security personnel to detain and use reasonable force
against persons reasonably believed to present a danger to the nuclear plant
site; to amend Chapter 3 of Title 35 of the Official Code of Georgia Annotated,
relating to the Georgia Bureau of Investigation, so as to expedite the
processing and background checks of persons seeking employment in the field of
nuclear security; to amend Chapter 1 of Title 51 of the Official Code of Georgia
Annotated, relating to general provisions regarding torts, so as to provide an
affirmative defense for such security personnel executing an approved nuclear
security plan; to provide for related matters; to provide for an effective date
and applicability; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
11 of Title 16 of the Official Code of Georgia Annotated, relating to offenses
against public order and safety, is amended by striking "and" at the end of
paragraph (3), substituting "; and" for the period at the end of paragraph (4),
and inserting a new paragraph (5) in Code Section 16-11-124, relating to
exemptions from the prohibition of the possession of certain dangerous firearms
and weapons, to read as follows:
"(5)
A security officer employed by a federally licensed nuclear power facility or a
licensee of such facility, including a contract security officer, who is trained
and qualified under a security plan approved by the United States Nuclear
Regulatory Commission or other federal agency authorized to regulate nuclear
facility security; provided, however, that this exemption shall apply only while
such security officer is acting in connection with his or her official duties on
the premises of such nuclear power facility or on properties outside the
facility property pursuant to a written agreement entered into with the local
law enforcement agency having jurisdiction over the facility. The exemption
under this paragraph does not include the possession of
silencers."
SECTION
2.
Said
chapter is further amended by inserting a new Code Section 16-11-127.2,
immediately following Code Section 16-11-127.1, relating to carrying weapons
within school safety zones, to read as follows:
"16-11-127.2.
(a)
Except as provided in subsection (c) of this Code section, it shall be unlawful
for any person to carry, possess, or have under such
persońs
control while on the premises of a nuclear power facility a firearm or weapon.
Any person who violates this subsection shall be guilty of a
misdemeanor.
(b)
Any person who violates subsection (a) of this Code section with the intent to
do bodily harm on the premises of a nuclear power facility shall be guilty of a
felony and, upon conviction thereof, shall be punished by a fine of not more
than $10,000, by imprisonment for not less than two nor more than 20 years, or
both.
(c)
This Code section shall not apply to a security officer authorized to carry
dangerous weapons pursuant to Code Section 16-11-124 who is acting in connection
with his or her official duties on the premises of a federally licensed nuclear
power facility; nor shall this Code section apply to persons designated in
paragraph (3), (4), (5), or (9) of subsection (c) of Code Section
16-11-127.1."
SECTION
3.
Chapter
4 of Title 17 of the Official Code of Georgia Annotated, relating to arrest of
persons, is amended by inserting a new subsection (f) in Code Section 17-4-20,
relating to the authorization of arrests with and without warrants, and use of
deadly force, to read as follows:
"(f)
A nuclear power facility security officer, including a contract security
officer, employed by a federally licensed nuclear power facility or licensee
thereof for the purpose of securing that facility shall have the authority
to:
(1)
Threaten or use force against another in defense of a federally licensed nuclear
power facility and the persons therein as provided for under Code Sections
16-3-21 and 16-3-23;
(2)
Search any person on the premises of the nuclear power facility or the
properties adjacent to the facility if the facility is under imminent threat or
danger pursuant to a written agreement entered into with the local enforcement
agency having jurisdiction over the facility for the purpose of determining if
such person possesses unauthorized weapons, explosives, or other similarly
prohibited material; provided, however, that if such person objects to any
search, he or she shall be detained as provided in paragraph (3) of this
subsection or shall be required to immediately vacate the premises. Any person
refusing to submit to a search and refusing to vacate the premises of a facility
upon the request of a security officer as provided for in this Code section
shall be guilty of a misdemeanor; and
(3)
In accordance with a nuclear security plan approved by the United States Nuclear
Regulatory Commission or other federal agency authorized to regulate nuclear
facility security, detain any person located on the premises of a nuclear power
facility or on the properties adjacent thereto if the facility is under imminent
threat or danger pursuant to a written agreement entered into with the local law
enforcement agency having jurisdiction over the facility, where there is
reasonable suspicion to believe that such person poses a threat to the security
of the nuclear power facility, regardless of whether such prohibited act
occurred in the
officeŕs
presence. In the event of such detention, the law enforcement agency having
jurisdiction over the facility shall be immediately contacted. The detention
shall not exceed the amount of time reasonably necessary to allow for law
enforcement officers to arrive at the
facility."
SECTION
4.
Chapter
3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia
Bureau of Investigation, is amended by inserting a new subsection (d.4) in Code
Section 35-3-34, relating to the disclosure and dissemination of criminal
records to private persons and businesses, to read as follows:
"(d.4)
The center shall place a high priority on inquiries from any nuclear power
facility requesting a criminal history and shall respond to such requests as
expeditiously as possible, but in no event shall a response be made more than
two business days following receipt of the
request."
SECTION
5.
Chapter
1 of Title 51 of the Official Code of Georgia Annotated, relating to general
provisions regarding torts, is amended by inserting a new Code Section 51-1-30.4
to read as follows:
"51-1-30.4.
Notwithstanding
any other provision of law, an authorized security officer as provided for in
Code Section 16-11-124 acting within the scope of his or her official duties on
the premises of a federally licensed nuclear power facility or the properties
adjacent to the facility pursuant to a written agreement entered into with the
local law enforcement agency having jurisdiction over the facility shall be
entitled to immunity as provided in Code Section 51-11-9. Such officer and the
officeŕs
employer or the owner, operator, or licensee of the facility where the officer
is providing security services shall also be immune from liability for the
officeŕs
good faith performance of his or her duties at such facility in accordance with
a nuclear security plan approved by the United States Nuclear Regulatory
Commission or other authorized federal
agency."
SECTION
6.
This Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval; provided, however, that Section 5 of this
Act shall apply only with respect to causes of action arising on or after the
effective date of this Act.
SECTION
7.
All
laws and parts of laws in conflict with this Act are repealed.