07 LC
35 0604S
The
Senate Public Safety and Homeland Security Committee offered the following
substitute to HB 76:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating
to emergency management, so as to require permission for use of the Georgia
Emergency Management Agency´s nomenclature and symbols; to provide a short
title; to provide for liabilities and penalties; to provide that a willful
violation shall be a misdemeanor; to provide for definitions; to revise and
redesignate Article 7, relating to state-wide alert systems for missing disabled
adults and for unapprehended murder or rape suspects, as new articles in Chapter
3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia
Bureau of Investigation; to provide for editorial revisions; to provide for
related matters; to provide an effective date; to repeal conflicting laws; and
for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
3 of Title 38 of the Official Code of Georgia Annotated, relating to emergency
management, is amended by inserting a new article immediately following Article
7 to read as follows:
"ARTICLE
8
38-3-130.
This
article shall be known and may be cited as the 'Georgia Emergency Management
Agency Nomenclature Act of 2007.'
38-3-131.
As
used in this article, the term:
(1)
'Badge' means any official badge, identification card, or security pass used by
members of the Georgia Emergency Management Agency, either in the past or
currently.
(2)
'Director' means the director of the Georgia Emergency Management Agency.
(3)
'Emblem' means any official patch or other emblem worn currently or formerly or
used by the Georgia Emergency Management Agency to identify the agency, a
division of the agency, or employees of the agency.
(4)
'Person' means any person, corporation, organization, or political subdivision
of the State of Georgia.
(5)
'Seal' means any official symbol, mark, or abbreviation which represents and is
used, currently or in the past, by the Georgia Emergency Management Agency or
the Georgia Information Sharing and Analysis Center or any other division or
operation under the command of the Georgia Emergency Management Agency to
identify the agency, a division of the agency, or employees of the
agency.
(6)
'Willful violator' means any person who knowingly violates the provisions of
this article. Any person who violates this article after being advised in
writing by the director that such person´s activity is in violation of this
article shall be considered a willful violator and shall be considered in
willful violation of this article. Any person whose agent or representative is
a willful violator and who has knowledge of the violation by the agent or
representative shall also be considered a willful violator and in willful
violation of this article unless, upon learning of the violation, he or she
immediately terminates the agency or other relationship with such
violator.
38-3-132.
Whoever,
except with the written permission of the director, knowingly uses the words
'Georgia Emergency Management Agency,' 'Emergency Management Agency,' or 'GEMA'
in referring to Georgia´s Emergency Management Agency or 'Georgia
Information Sharing and Analysis Center' or 'GISAC' in referring to
Georgia´s Information Sharing and Analysis Center in connection with any
advertisement, circular, book, pamphlet, or other publication, play, motion
picture, broadcast, telecast, or other production in a manner reasonably
calculated to convey the impression that such advertisement, circular, book,
pamphlet, or other publication, play, motion picture, broadcast, telecast, or
other production is approved, endorsed, or authorized by or associated with the
Georgia Emergency Management Agency shall be in violation of this
article.
35-3-133.
Any
person who uses or displays any symbol, including any emblem, seal, or badge,
current or historical, used by the Georgia Emergency Management Agency without
written permission from the director shall be in violation of this
article.
38-3-134.
Any
person seeking permission to use or display the nomenclature or symbols of the
Georgia Emergency Management Agency may request such permission in writing to
the director. The director shall serve notice on the requesting party within 15
calendar days after receipt of the request of his or her decision on whether the
person may use the nomenclature or the symbol. If the director does not respond
within the 15 day time period, then the request is presumed to have been denied.
The grant of permission under this article shall be at the discretion of the
director and under such conditions as the director may impose.
38-3-135.
Whenever
there shall be an actual or threatened violation of this article, the director
shall have the right to apply to the Superior Court of Fulton County or to the
superior court of the county of residence of the violator for an injunction to
restrain the violation.
38-3-136.
In
addition to any other relief or sanction for a violation of this article, the
director shall be entitled to collect a civil penalty in the amount of $1,000.00
for each violation from a willful violator. Further, the director shall be
entitled to recover reasonable attorney´s fees for bringing any action
against a willful violator.
38-3-137.
Any
person who has given money or any other item of value to another person due in
part to such person´s use of agency nomenclature or symbols in violation of
this article may maintain a suit for damages against the violator. Where it is
proven that the violation was willful, the victim shall be entitled to recover
treble damages, punitive damages, and reasonable attorney´s
fees.
38-3-138.
Any
willful violator shall be guilty of a misdemeanor and upon conviction thereof
shall be subject to a fine of not more than $5,000.00 or to imprisonment for not
more than 12 months, or both. Each violation shall constitute a separate
offense."
SECTION
2.
Chapter
3 of Title 38 of the Official Code of Georgia Annotated, relating to emergency
management, is amended by revising and redesignating Article 7, relating to
state-wide alert systems for missing disabled adults and for unapprehended
murder or rape suspects, as new articles in Chapter 3 of Title 35 of the
Official Code of Georgia Annotated, relating to the Georgia Bureau of
Investigation, as follows:
"ARTICLE
7
38-3-110.
35-3-170.
This
article shall be known and may be cited as the 'Mattie´s Call
Act.'
38-3-111.
35-3-171.
As
used in this article, the term:
(1)
'Alert system' means the state-wide 'Mattie´s Call' alert system for
missing disabled adults.
(2)
'Disabled adult' means an adult who is developmentally impaired or who suffers
from dementia or some other cognitive impairment.
(3)
'Local law enforcement agency' means a local law enforcement agency with
jurisdiction over the investigation of a missing disabled adult.
38-3-112.
35-3-172.
With
the cooperation of the office of the Governor, the Georgia Lottery Corporation,
and other appropriate law enforcement agencies in this state, the
department
bureau
shall develop and implement a state-wide alert system to be activated on behalf
of missing disabled adults.
38-3-113.
35-3-173.
(a)
The director is the state-wide coordinator of the alert system.
(b)
The director shall adopt rules and issue directives as necessary to ensure
proper implementation of the alert system. The rules and directives
must
shall
include instructions on the procedures for activating and deactivating the alert
system.
(c)
The director shall prescribe forms for use by local law enforcement agencies in
requesting activation of the alert system.
38-3-113.1.
35-3-174.
The
staff of personal care homes shall call the local police department to report
the elopement of any disabled person from the home within 30 minutes of the
staff
staff´s
receiving actual knowledge that such person is missing from the home.
38-3-114.
35-3-175.
(a)
The
agency
bureau
shall recruit public and commercial television, radio, cable, print, and other
media, private commercial entities, state or local governmental entities, the
public, and other appropriate persons to assist in developing and implementing
the alert system.
(b)
The
agency
bureau
may enter into agreements with participants in the alert system to provide
necessary support for the alert system.
38-3-115.
35-3-176.
(a)
On notification by a local law enforcement agency that a disabled adult is
missing, the director shall activate the alert system and notify appropriate
participants in the alert system, as established by rule, if:
(1)
A local law enforcement agency believes that a disabled adult is
missing;
(2)
A local law enforcement agency believes that the disabled adult is in immediate
danger of serious bodily injury or death;
(3)
A local law enforcement agency confirms that an investigation has taken place
that verifies the disappearance and eliminates alternative explanations for the
disabled adult´s disappearance; and
(4)
Sufficient information is available to disseminate to the public that could
assist in locating the disabled adult.
(b)
The area of the alert may be less than state wide if the director determines
that the nature of the event makes it probable that the disabled adult did not
leave a certain geographic location.
(c)
The
agency
bureau
may modify the criteria described by subsection (a) of this Code section as
necessary for the proper implementation of the alert system.
38-3-116.
35-3-177.
Before
requesting activation of the alert system, a local law enforcement agency
must
shall
verify that the criteria described by subsection (a) of Code Section
38-3-115
35-3-176
have been satisfied. The local law enforcement agency shall assess the
appropriate boundaries of the alert, based on the nature of the disabled adult
and the circumstances surrounding the disappearance. On verification of the
criteria, the local law enforcement agency shall immediately contact the
agency
bureau
to request activation and shall supply the necessary information on the forms
prescribed by the director.
38-3-117.
35-3-178.
(a)
A state agency participating in the alert system shall:
(1)
Cooperate with the
department
bureau
and assist in developing and implementing the alert system;
(2)
Establish a plan for providing relevant information to its officers,
investigators, or employees, as appropriate, once the alert system has been
activated; and
(3)
Utilize a rapid response telephone system that alerts residents in a targeted
area.
(b)
The Georgia Lottery Corporation is directed to develop a method of notifying its
vendors within an alert area of an alert in a manner designed to disseminate
alert information to customers at its retail locations.
38-3-118.
35-3-179.
The
director shall terminate any activation of the alert system with respect to a
particular disabled adult if:
(1)
The adult is located or the disappearance is otherwise resolved; or
(2)
The director determines that the alert system is no longer an effective tool for
locating and recovering the disabled adult.
38-3-119.
35-3-180.
(a)
Any entity or individual participating in the 'Mattie´s call' alert system
pursuant to this article shall not be liable for any civil damages arising from
the dissemination of any alert generated pursuant to the 'Mattie´s call'
alert system.
(b)
Nothing in this article shall be construed to limit or restrict in any way any
legal protection an individual or entity may have under any other law for
disseminating any information.
ARTICLE
8
38-3-120.
35-3-190.
(a)
In addition
to the state-wide alert system known as 'Mattie´s Call,'
there
There
is established a state-wide alert system known as 'Kimberly´s
Call.'
(b)
As used in this article, the term 'local law enforcement agency' means a local
law enforcement agency with jurisdiction over the search for a suspect in a case
of murder or rape.
(b)(c)
The director shall develop and implement a state-wide alert system to be
activated when a suspect for the crime of murder as defined in Code Section
16-5-1 or rape as defined in Code Section 16-6-1 has not been apprehended and
law enforcement personnel have determined that the suspect may be a serious
threat to the public.
(c)(d)
The provisions of Code Sections
38-3-113,
38-3-114, and 38-3-117
35-3-173,
35-3-175, and 35-3-178 shall also apply to
'Kimberly´s Call' as set forth in this Code section.
(d)(e)
On notification by a local law enforcement agency that a suspect in a case of
murder or rape has not been apprehended and may be a serious threat to the
public, the director shall activate the alert system and notify appropriate
participants in the alert system, as established by rule, if:
(1)
A local law enforcement agency believes that a suspect has not been
apprehended;
(2)
A local law enforcement agency believes that the suspect may be a serious threat
to the public; and
(3)
Sufficient information is available to disseminate to the public that could
assist in locating the suspect.
(e)(f)
The area of the alert may be less than state wide if the director determines
that the nature of the event makes it probable that the suspect did not leave a
certain geographic location.
(f)(g)
Before requesting activation of the alert system, a local law enforcement agency
must verify that the criteria described by subsection
(d)(e)
of this Code section have been satisfied. The local law enforcement agency
shall assess the appropriate boundaries of the alert based on the nature of the
suspect and the circumstances surrounding the crime.
(g)(h)
The director shall terminate any activation of the alert system with respect to
a particular suspect if:
(1)
The suspect is located or the incident is otherwise resolved; or
(2)
The director determines that the alert system is no longer an effective tool for
locating the suspect.
(h)(i)
Any entity or individual participating in the 'Kimberly´s Call' alert
system pursuant to this Code section shall not be liable for any civil damages
arising from the dissemination of any alert generated pursuant to the
'Kimberly´s Call' alert system."
SECTION
3.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.