HB 76 - Drugs and terroristic acts; prohibit dissemination by computer
Georgia House of Representatives - 1995/1996 Sessions
HB 76 - Drugs and terroristic acts; prohibit dissemination by computer
Page Numbers - 1/ 2/ 3/ 4
1. Wall 82nd
House Comm: Judy / Senate Comm: Judy /
House Vote: Yeas 96 Nays 4 Senate Vote: Yeas 54 Nays 0
----------------------------------------
House Action Senate
----------------------------------------
1/9/95 Read 1st Time 2/28/95
1/10/95 Read 2nd Time 3/14/95
2/17/95 Favorably Reported 3/14/95
Sub Committee Amend/Sub Sub
2/22/95 Read 3rd Time 3/15/95
2/22/95 Passed/Adopted 3/15/95
CS Comm/Floor Amend/Sub CS
2/22/95 Notice to Reconsider
3/17* Amend/Sub Agreed To 3/17*
4/3/95 Sent to Governor
4/12/95 Signed by Governor
322 Act/Veto Number
7/1/95 Effective Date
----------------------------------------
Rules Suspended to Introduce
Postponed by the House 2/21 Until 2/22/95
House Agrees to Senate Substitute as Amended by House; Senate Agrees to House
Amendment to Senate Substitute
Code Sections amended: 16-13-32.3, 16-11-37.1, 16-11-39, 16-11-39.1, 16-11-151
HB 76 HB 76/AP
H. B. No. 76 (AS PASSED HOUSE AND SENATE)
By: Representative Wall of the 82nd
A BILL TO BE ENTITLED
AN ACT
1- 1 To amend Title 16 of the Official Code of Georgia Annotated,
1- 2 relating to crimes, so as to prohibit the furnishing or
1- 3 dissemination of certain information relating to terroristic
1- 4 acts, or relating to certain weapons or devices; to change
1- 5 the provisions prohibiting the use of certain communication
1- 6 facilities regarding felonies; to change certain provisions
1- 7 relating to the use of 'fighting words,' obscene and vulgar
-2d d = P ¯ A S@ P A S@ P UA S@ P ¨A S@ P ûA S@ P
1- 9 for the offense of disorderly conduct; to provide that
1-10 certain powers of counties or municipalities shall not be
1-11 affected or limited; to provide for the offense of harassing
1-12 phone calls; to provide for criminal penalties; to provide
1-13 for effective dates; to repeal conflicting laws; and for
1-14 other purposes.
1-15 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
1-16 Title 16 of the Official Code of Georgia Annotated, relating
1-17 to crimes, is amended by striking subsection (a) of Code
1-18 Section 16-13-32.3, relating to the use of certain
1-19 communication facilities regarding certain felonies, and
1-20 inserting in its place the following:
1-21 "(a) It shall be unlawful for any person knowingly or
1-22 intentionally to use any communication facility in
1-23 committing or in causing or facilitating the commission of
1-24 any act or acts constituting a felony under this chapter.
1-25 Each separate use of a communication facility shall be a
1-26 separate offense under this Code section. For purposes of
1-27 this Code section, the term 'communication facility' means
1-28 any and all public and private instrumentalities used or
1-29 useful in the transmission of writing, signs, signals,
1-30 pictures, or sounds of all kinds and includes mail,
1-31 telephone, wire, radio, computer or computer network, and
1-32 all other means of communication."
H. B. No. 76
-1- (Index)
HB 76/AP
SECTION 2.
2- 1 Said title is further amended by adding immediately
2- 2 following Code Section 16-11-37 a new Code section to read
2- 3 as follows:
2- 4 "16-11-37.1. (Index)
2- 5 It shall be unlawful for any person knowingly to furnish
2- 6 or disseminate through a computer or computer network any
2- 7 picture, photograph, or drawing, or similar visual
2- 8 representation or verbal description of any information
2- 9 designed to encourage, solicit, or otherwise promote
2-10 terroristic acts as defined in Code Section 16-11-37. Any
2-11 person convicted for violation of this Code section shall
2-12 be guilty of a misdemeanor of a high and aggravated
2-13 nature."
SECTION 3.
2-14 Said title is further amended by striking Code Section
2-15 16-11-39, relating to the use of "fighting words" and vulgar
2-16 language, and inserting in its place two new Code sections
2-17 to read as follows:
2-18 "16-11-39. (Index)
2-19 (a) A person commits the offense of disorderly conduct
2-20 when such person commits any of the following:
2-21 (1) Acts in a violent or tumultuous manner toward
2-22 another person whereby such person is placed in
2-23 reasonable fear of the safety of such person's life,
2-24 limb, or health;
2-25 (2) Acts in a violent or tumultuous manner toward
2-26 another person whereby the property of such person is
2-27 placed in danger of being damaged or destroyed;
2-28 (3) Without provocation, uses to or of another person in
2-29 such other person's presence, opprobrious or abusive
2-30 words which by their very utterance tend to incite to an
2-31 immediate breach of the peace, that is to say, words
2-32 which as a matter of common knowledge and under ordinary
2-33 circumstances will, when used to or of another person in
2-34 such other person's presence, naturally tend to provoke
2-35 violent resentment, that is, words commonly called
2-36 'fighting words'; or
2-37 (4) Without provocation, uses obscene and vulgar or
2-38 profane language in the presence of or by telephone to a
H. B. No. 76
-2- (Index)
HB 76/AP
3- 1 person under the age of 14 years which threatens an
3- 2 immediate breach of the peace.
3- 3 (b) Any person who commits the offense of disorderly
3- 4 conduct shall be guilty of a misdemeanor.
3- 5 (c) This Code section shall not be deemed or construed to
3- 6 affect or limit the powers of counties or municipal
3- 7 corporations to adopt ordinances or resolutions
3- 8 prohibiting disorderly conduct within their respective
3- 9 limits.
3-10 16-11-39.1. (Index)
3-11 (a) A person commits the offense of harassing phone calls
3-12 if such person telephones another person repeatedly,
3-13 whether or not conversation ensues, for the purpose of
3-14 annoying, harassing, or molesting another person or the
3-15 family of such other person; uses over the telephone
3-16 language threatening bodily harm; telephones and
3-17 intentionally fails to hang up or disengage the
3-18 connection; or knowingly permits any telephone under such
3-19 person's control to be used for any purpose prohibited by
3-20 this subsection.
3-21 (b) Any person who commits the offense of harassing phone
3-22 calls shall be guilty of a misdemeanor."
SECTION 4.
3-23 Said title is further amended by striking in its entirety
3-24 Code Section 16-11-151, relating to prohibited training
3-25 regarding dangerous weapons and devices, and inserting in
3-26 lieu thereof the following:
3-27 "16-11-151. (Index)
3-28 (a) As used in this Code section, the term 'dangerous
3-29 weapon' has the same meaning as found in paragraph (1) of
3-30 Code Section 16-11-121.
3-31 (b) It shall be unlawful for any person to:
3-32 (1) Teach, train, or demonstrate to any other person the
3-33 use, application, or making of any illegal firearm,
3-34 dangerous weapon, explosive, or incendiary device
3-35 capable of causing injury or death to persons either
3-36 directly or through a writing or over or through a
3-37 computer or computer network if the person teaching,
3-38 training, or demonstrating knows, has reason to know, or
3-39 intends that such teaching, training, or demonstrating
H. B. No. 76
-3- (Index)
HB 76/AP
4- 1 will be unlawfully employed for use in or in furtherance
4- 2 of a civil disorder, riot, or insurrection; or
4- 3 (2) Assemble with one or more persons for the purpose of
4- 4 being taught, trained, or instructed in the use of any
4- 5 illegal firearm, dangerous weapon, explosive, or
4- 6 incendiary device capable of causing injury or death to
4- 7 persons if such person so assembling knows, has reason
4- 8 to know, or intends that such teaching, training, or
4- 9 instruction will be unlawfully employed for use in or in
4-10 furtherance of a civil disorder, riot, or insurrection.
4-11 (c) Any person who violates any provision of subsection
4-12 (b) of this Code section shall be guilty of a felony and,
4-13 upon conviction thereof, shall be punished by a fine of
4-14 not more than $5,000.00 or by imprisonment for not less
4-15 than one nor more than five years, or both."
SECTION 5.
4-16 This Act shall become effective July 1, 1995.
SECTION 6.
4-17 All laws and parts of laws in conflict with this Act are
4-18 repealed.
H. B. No. 76
-4- (Index)
Office of the Clerk of the House
Robert E. Rivers, Jr., Clerk of the House
Last Updated on 01/02/97