08 LC 34
1758S
The
House Committee on Judiciary offers the following substitute to HB
940:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating
to general provisions regarding torts, so as to prohibit requiring a person to
be implanted with a microchip; to provide for a short title; to provide for
definitions; to provide for penalties; to provide for regulation by the
Composite State Board of Medical Examiners; to provide for related matters; to
provide for an effective date; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
This
Act shall be known as the "Microchip Consent Act of 2008."
SECTION
2.
Chapter
1 of Title 51 of the Official Code of Georgia Annotated, relating to general
provisions regarding torts, is amended by adding a new Code Section 51-1-52 to
read as follows:
"51-1-52.
(a)
As used in this Code section, the term:
(1)
'Implantation' includes any means intended to introduce a microchip internally,
beneath the skin, or applied to the skin of a person.
(2)
'Microchip' means any microdevice, sensor, transmitter, mechanism,
electronically readable marking, or nanotechnology that is passively or actively
capable of transmitting or receiving information. This definition shall not
include pacemakers.
(3)
'Person' means any individual, irrespective of age, legal status, or legal
capacity.
(4)
'Require' includes physical violence, threat, intimidation, retaliation, the
conditioning of any private or public benefit or care on consent to
implantation, including employment, promotion, or other benefit, or by any means
that causes a person to acquiesce to implantation when he or she otherwise would
not.
(b)
No person shall be required to be implanted with a microchip.
(c)
This Code section shall be subject to a two-year statute of limitations
beginning from the date of discovery that a microchip has been
implanted.
(d)
Any person required to have a microchip implanted in violation of this Code
section shall be entitled to pursue criminal charges as well as to file a civil
action for damages. Each day that a microchip remains implanted shall be
subject to damages of not less than $10,000.00 and each day shall be considered
a separate violation of this Code section.
(e)
The voluntary implantation of any microchip or similar device may only be
performed by a physician and shall be regulated under the authority of the
Composite State Board of Medical Examiners."
SECTION
3.
This
Act shall become effective on July 1, 2008.
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.