08 LC 25
5133
Senate
Bill 442
By:
Senators Tarver of the 22nd, Smith of the 52nd, Chapman of the 3rd, Jones of the
10th, Reed of the 35th and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 2 of Chapter 10 of Title 16 of the Official Code of Georgia
Annotated, relating to obstruction of public administration and related
offenses, so as to change certain provisions relating to false statements and
writings, concealment of facts, and fraudulent documents in matters within the
jurisdiction of the state or political subdivisions; to provide for
applicability to certain matters within the jurisdiction of the legislative
branch of state government; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
2 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating
to obstruction of public administration and related offenses, is amended by
revising Code Section 16-10-20, relating to false statements and writings,
concealment of facts, and fraudulent documents in matters within the
jurisdiction of the state or political subdivisions, as follows:
"16-10-20.
(a)
A person who knowingly and willfully falsifies, conceals, or covers up by any
trick, scheme, or device a material fact; makes a false, fictitious, or
fraudulent statement or representation; or makes or uses any false writing or
document, knowing the same to contain any false, fictitious, or fraudulent
statement or entry, in any matter within the jurisdiction of any department or
agency of state
government,
the legislative branch of state
government, or of the government of any
county, city, or other political subdivision of this state shall, upon
conviction thereof, be punished by a fine of not more than $1,000.00 or by
imprisonment for not less than one nor more than five years, or
both.
(b)
With respect to any matter within the jurisdiction of the legislative branch of
state government, subsection (a) of this Code section shall apply only
to:
(1)
Administrative matters, including a claim for payment, a matter related to the
procurement of property or services, personnel or employment practices, support
services, or a document required by law to be submitted to the General Assembly
or any office or officer within the legislative branch; and
(2)
Any investigation or review conducted pursuant to the authority of any committee
or subcommittee of the General Assembly, consistent with applicable rules of the
House of Representatives or the Senate, including but not limited to the
reception of evidence from persons not members of the General Assembly in
support or opposition of legislation or a request for appropriation. This
paragraph shall not be applied to impair any privilege afforded by Article III,
Section IV, Paragraph IX of the
Constitution."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.
