HB 64 - Family violence; threat to commit offense

First Reader Summary

A BILL to amend Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to family violence, so as to change the definitions of the terms "family violence" and "family or household members"; and for other purposes.

Page Numbers - 1/ 2/ 3

Code Sections - 19-13-1/ 19-13-20

HB 64                                               LC 9 8979 
 
 
 
 
 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Chapter 13 of Title 19 of the Official Code of 
  1- 2  Georgia Annotated, relating to family violence, so as to 
  1- 3  change the definitions of the terms "family violence" and 
  1- 4  "family or household members"; to provide an effective date; 
  1- 5  to repeal conflicting laws; and for other purposes. 
 
  1- 6       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1- 7                           SECTION 1. 
 
  1- 8  Chapter 13 of Title 19 of the Official Code of Georgia 
  1- 9  Annotated, relating to  family violence, is  amended by 
  1-10  striking Code Section 19-13-1, relating to the definition of 
  1-11  the term "family violence," and inserting in lieu thereof a 
  1-12  new Code Section 19-13-1 to read as follows: 
 
  1-13    "19-13-1. 
 
  1-14    As used in this article, the term 'family violence' means 
  1-15    the occurrence of one or more of the following acts 
  1-16    between past or present spouses, persons who are parents 
  1-17    of the same child, parents and children, stepparents and 
  1-18    stepchildren, foster parents and foster children, or other 
  1-19    persons living or formerly living in the same household: 
 
  1-20      (1) Any felony; or 
 
 
  1-21      (2) Commission of the offenses offense of battery, 
  1-22      simple battery, simple assault, assault, stalking, 
  1-23      criminal damage  to property, unlawful restraint, or 
  1-24      criminal trespass.; 
 
  1-25      (3) Any criminal attempt to commit any offense specified 
  1-26      in paragraph (1) or paragraph (2) of this Code section; 
  1-27      or 
 
  1-28      (4) Any threat to commit any offense specified in 
  1-29      paragraph (1) or paragraph (2) of this Code section if 
  1-30      such threat is made with the intent of terrorizing the 
  1-31      victim, the threat is communicated to the victim, and 
 
 
 
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  2- 1      the victim is placed in reasonable apprehension of 
  2- 2      receiving a violent injury. 
 
  2- 3    The term 'family violence' shall not be deemed to include 
  2- 4    reasonable discipline administered by a parent to a child 
  2- 5    in the form of corporal punishment, restraint, or 
  2- 6    detention." 
 
  2- 7                           SECTION 2. 
 
  2- 8  Said chapter is further amended by striking Code Section 
  2- 9  19-13-20, relating to definitions relative to family 
  2-10  violence shelters, and inserting in lieu thereof a new Code 
  2-11  Section 19-13-20 to read as follows: 
 
  2-12    "19-13-20. 
 
  2-13    As used in this article, the term: 
 
  2-14      (1) 'Department' means the Department of Human 
  2-15      Resources. 
 
 
  2-16      (2) 'Family or household members' means past or present 
  2-17      spouses, persons who are parents of the same child, 
  2-18      parents and children, stepparents and stepchildren, 
  2-19      foster parents and foster children, or other persons 
  2-20      related by consanguinity or affinity and occupying a 
  2-21      common domicile living or formerly living in the same 
  2-22      household. 
 
  2-23      (3) 'Family violence' means the occurrence of one of the 
  2-24      following acts between family or household members who 
  2-25      reside together or more of the following acts between 
  2-26      past or present spouses, persons who are parents of the 
  2-27      same child, parents and children, stepparents and 
  2-28      stepchildren, foster parents and foster children, or 
  2-29      other persons living or formerly living in the same 
  2-30      household: 
 
  2-31        (A) Attempting to cause or causing bodily injury or 
  2-32        serious bodily injury with or without a deadly weapon; 
  2-33        or Any felony; 
 
  2-34        (B) By physical menace, placing another in fear of 
  2-35        imminent serious bodily injury. Commission of the 
  2-36        offense of battery, simple battery, simple assault, 
  2-37        assault, stalking, criminal damage to property, 
  2-38        unlawful restraint, or criminal trespass; 
 
 
 
 
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  3- 1        (C) Any criminal attempt to commit any offense 
  3- 2        specified in subparagraph (A) or subparagraph (B) of 
  3- 3        this paragraph; or 
 
  3- 4        (D) Any threat to commit any offense specified in 
  3- 5        subparagraph (A) or subparagraph (B) of this paragraph 
  3- 6        if such threat is made with the intent of terrorizing 
  3- 7        the victim, the threat is communicated to the victim, 
  3- 8        and the victim is placed in reasonable apprehension of 
  3- 9        receiving a violent injury. 
 
  3-10      The term 'family violence' shall not be deemed to 
  3-11      include reasonable discipline administered by a parent 
  3-12      to a child in the form of corporal punishment, 
  3-13      restraint, or detention. 
 
  3-14      (4) 'Family violence program' means any program whose 
  3-15      primary stated purpose is to provide services to victims 
  3-16      of family violence.  A family violence program may be 
  3-17      but is not required to be associated with a family 
  3-18      violence shelter. 
 
  3-19      (5) 'Family violence shelter' means a facility approved 
  3-20      by the department for the purpose of receiving, on a 
  3-21      temporary basis, persons who are subject to family 
  3-22      violence.  Family violence shelters are distinguished 
  3-23      from shelters operated for detention or placement of 
  3-24      children only, as provided in subsection (a) of Code 
  3-25      Section 15-11-20." 
 
  3-26                           SECTION 3. 
 
  3-27  Notwithstanding the provisions of Code Section 1-3-4.1, this 
  3-28  Act shall become effective on the first day of July 
  3-29  following the approval of this Act by the Governor or its 
  3-30  becoming law without such approval. 
 
  3-31                           SECTION 4. 
 
  3-32  All laws and parts of laws in conflict with this Act are 
  3-33  repealed. 
 
 
 
 
 
 
 
 
 
 
 
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