08 LC 29
3204
House
Bill 1240
By:
Representative McKillip of the
115th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 16-5-95 of the Official Code of Georgia Annotated, relating
to the offense of violating a family violence order and penalty, so as to
provide for the offense of violating a special condition of pretrial release; to
provide for related matters; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 16-5-95 of the Official Code of Georgia Annotated, relating to the
offense of violating family violence order and penalty, is amended by revising
subsection (a) as follows:
"(a)
A person commits the offense
of:
(1)
Violating
violating
a family violence order when
the
such
person knowingly and in a nonviolent manner violates the terms of a family
violence temporary restraining order, temporary protective order, permanent
restraining order, or permanent protective order issued against
that
such
person pursuant to Article 1 of Chapter 13 of Title
19,
which
when such
order:
(1)(A)
Excludes, evicts, or excludes and evicts
the
such
person from a residence or household;
(2)(B)
Directs
the
such
person to stay away from a residence, workplace, or school;
(3)(C)
Restrains
the
such
person from approaching within a specified distance of another person;
or
(4)(D)
Restricts
the
such
person from having any contact, direct or indirect, by telephone, pager,
facsimile, e-mail, or any other means of communication with another person,
except as specified in the
order;
or
(2)
Violating a family violence special condition of pretrial release order when
such person, having been arrested for family violence, as such term is defined
in Code Section 19-13-1, and having been subject to special conditions of
pretrial release, knowingly and in a nonviolent manner violates the terms of
such person´s special conditions of pretrial release when such
order:
(A)
Excludes, evicts, or excludes and evicts such person from a residence or
household;
(B)
Directs such person to stay away from a residence, workplace, or
school;
(C)
Restrains such person from approaching within a specified distance of another
person; or
(D)
Restricts such person from having any contact, direct or indirect, by telephone,
pager, facsimile, e-mail, or any other means of communication with another
person, except as specified in the
order."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.