06 AM 28
0671
ADOPTED
Senator
Henson of the 41st offered the following amendment:
Amend
the Senate Health and Human Services Committee substitute to SB 77 (LC 21 8827S)
by striking lines 16 through 25 on page 1 and lines 1 through 3 on page 2 and
inserting in lieu thereof the
following:
the person, is amended by striking Code Section 16-5-20, relating to simple assault, and inserting in lieu thereof a new Code Section 16-5-20 and by adding at the end of Article 2, relating to assault and battery, a new Code Section 16-5-29 to read as follows:
the person, is amended by striking Code Section 16-5-20, relating to simple assault, and inserting in lieu thereof a new Code Section 16-5-20 and by adding at the end of Article 2, relating to assault and battery, a new Code Section 16-5-29 to read as follows:
"16-5-20.
(a)
A person commits the offense of simple assault when he or she
either:
(1)
Attempts to commit a violent injury to the person of another; or
(2)
Commits an act which places another in reasonable apprehension of immediately
receiving a violent injury.
(b)
Except as provided in subsections (c) through
(f)
(h)
of this Code section, a person who commits the offense of simple assault shall
be guilty of a misdemeanor.
(c)
Any person who commits the offense of simple assault in a public transit vehicle
or station shall, upon conviction thereof, be punished for a misdemeanor of a
high and aggravated nature. For purposes of this Code section, 'public transit
vehicle' means a bus, van, or rail car used for the transportation of passengers
within a system which receives a subsidy from tax revenues or is operated under
a franchise contract with a county or municipality of this state.
(d)
If the offense of simple assault is committed between past or present spouses,
persons who are parents of the same child, parents and children, stepparents and
stepchildren, foster parents and foster children, or other persons excluding
siblings living or formerly living in the same household, the defendant shall be
punished for a misdemeanor of a high and aggravated nature. In no event shall
this subsection be applicable to corporal punishment administered by a parent or
guardian to a child or administered by a person acting in loco
parentis.
(e)
Any person who commits the offense of simple assault against a person who is 65
years of age or older shall, upon conviction thereof, be punished for a
misdemeanor of a high and aggravated nature.
(f)
Any person who commits the offense of simple assault against an employee of a
public school system of this state while such employee is engaged in official
duties or on school property shall, upon conviction of such offense, be punished
for a misdemeanor of a high and aggravated nature. For purposes of this Code
section, 'school property' shall include public school buses and stops for
public school buses as designated by local school boards of
education.
(g)
Any person who commits the offense of simple assault against a female who is
pregnant at the time of the offense shall, upon conviction thereof, be punished
for a misdemeanor of a high and aggravated nature.
(h)
Nothing in this Code section shall be construed to permit the prosecution
of:
(1)
Any person for conduct relating to an abortion for which the consent of the
pregnant woman, or person authorized by law to act on her behalf, has been
obtained or for which such consent is implied by law;
(2)
Any person for any medical treatment of the pregnant woman or her unborn child;
or
(3)
Any woman with respect to her unborn
child."