SB 235 - Microchip Consent Act of 2009; prohibit requiring a person to be implanted with a microchip
Sponsored By
Current Status
02/08/10 - House Second ReadersFirst Reader Summary
A BILL to be entitled 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.
Votes
| Date | Time | Vote No | Yeas | Nays | NV | Exc | Description |
|---|---|---|---|---|---|---|---|
| 02/04/2010 | 11:14AM | Senate Vote #486 | 047 | 002 | 002 | 005 | PASSAGE BY SUBSTITUTE |
Status History
| Date | Action |
|---|---|
| 03/04/2009 | Senate Read and Referred |
| 01/28/2010 | Senate Committee Favorably Reported |
| 02/01/2010 | Senate Read Second Time |
| 02/04/2010 | Senate Third Read |
| 02/04/2010 | Senate Passed/Adopted |
| 02/05/2010 | House First Readers |
| 02/08/2010 | House Second Readers |
10 LC
29 4070S (SCS)
Senate
Bill 235
By:
Senators Pearson of the 51st, Rogers of the 21st, Smith of the 52nd and Tolleson
of the 20th
AS
PASSED SENATE
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
provide for a short title; to amend Article 2 of Chapter 5 of Title 16 of the
Official Code of Georgia Annotated, relating to assault and battery, so as to
prohibit requiring a person to be implanted with a microchip; to provide for
definitions; to provide for penalties; to provide for regulation by the Georgia
Composite Medical Board; 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 2010."
SECTION
2.
Article
2 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating
to assault and battery, is amended by adding a new Code section to read as
follows:
"16-5-23.2.
(a)
As used in this Code section, the term:
(1)
'Implant' 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. Such term 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 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)
Any person who implants a microchip in violation of this Code section shall be
guilty of a misdemeanor.
(d)
Any person required to have a microchip implanted in violation of this Code
section may file a civil action for damages.
(e)
The voluntary implantation of any microchip may only be performed by a physician
and shall be regulated under the authority of the Georgia Composite Medical
Board."
SECTION
3.
This
Act shall become effective on July 1, 2010.
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.