06 LC 34
0598
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
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend provisions of the Official Code of Georgia Annotated so as to enhance the
protection of 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
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, including contract security personnel, trained and qualified
under a security plan approved by the United States Nuclear Regulatory
Commission or other authorized federal agency, who possesses, obtains, receives,
or uses a sawed-off shotgun, sawed-off rifle, machine gun, semiautomatic assault
weapon, dangerous weapon, or silencer in the course of or in connection with his
or her official
duties."
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 paragraph (3), (4), (5), or (9) of subsection (c) of Code
Section 16-11-127.1, a person is guilty of a misdemeanor when he or she carries
onto a nuclear plant site, defined as a facility licensed by the United States
Nuclear Regulatory Commission, any weapon designed for the purpose of offense
and defense.
(b)
Possession of a weapon with the intent to do bodily harm on the premises of a
commercial nuclear plant site in violation of subsection (a) of this Code
section is a felony punishable in accordance with the provisions of subsection
(b) of Code Section 16-11-127.1.
(c)
This Code section shall not apply to nuclear plant security officers, including
contract security personnel, trained and qualified under a security plan
approved by the United States Nuclear Regulatory Commission or other authorized
federal agency, who bring weapons onto a nuclear plant site for the purpose of
protecting, patrolling, and otherwise securing the nuclear plant
site."
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 plant security officer, including contract security personnel, trained
and qualified under a security plan approved by the United States Nuclear
Regulatory Commission or other authorized federal agency, working at a facility
licensed by the United States Nuclear Regulatory Commission is not a peace
officer under the laws of this state; provided, however, that in the performance
of his or her official duties, any such officer:
(1)
Shall be justified in threatening to use or in using that degree of physical
force, including deadly force, which he or she reasonably believes to be
necessary upon any individual in order to execute the requirements of a nuclear
security plan approved by the United States Nuclear Regulatory Commission or
other authorized federal agency, to defend himself or herself or a third person,
or to prevent a threat to a nuclear facility;
(2)
Shall have the power to search any individual for unauthorized weapons or other
prohibited material on the premises of a nuclear facility or adjacent areas
under agreements entered into with local law enforcement entities;
and
(3)
Shall have the power to detain any person suspected of conducting any prohibited
act, whether inside or outside of the
officeŕs
presence, as set out in a nuclear security plan approved by the United States
Nuclear Regulatory Commission or other authorized federal
agency."
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)
For inquiries relating to the security of a facility licensed by the United
States Nuclear Regulatory Commission, the Georgia Crime Information Center shall
place a high priority and respond as expeditiously as possible; in no event
shall the Georgia Crime Information Center respond later than two business days
after the date the request is
received."
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, it is an absolute affirmative defense to a civil
action for tort liability arising out of conduct by a security officer or
contract security personnel in performance of any discretionary function within
the line and scope of his or her official duties at a facility licensed by the
United States Nuclear Regulatory Commission brought against the officer, the
officeŕs
employer, or the owner, operator, or licensee of the facility where the officer
was working, if the officer was acting in good faith and in accordance with a
nuclear security plan approved by the United States Nuclear Regulatory
Commission or other authorized federal
agency."
SECTION
6.
(a)
This Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
(b) Code Section 51-1-30.4, as enacted by Section 5 of this Act, shall apply only with respect to causes of action arising on or after the effective date of this Act, and any prior causes of action shall continue to be governed by prior law. It is the intention of the General Assembly that all other provisions of this Act shall apply to causes of action pending on its effective date, unless such application would be unconstitutional.
(b) Code Section 51-1-30.4, as enacted by Section 5 of this Act, shall apply only with respect to causes of action arising on or after the effective date of this Act, and any prior causes of action shall continue to be governed by prior law. It is the intention of the General Assembly that all other provisions of this Act shall apply to causes of action pending on its effective date, unless such application would be unconstitutional.
SECTION
7.
All
laws and parts of laws in conflict with this Act are repealed.