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HB 128 - Jails; guard lines; certain prohibited activity

Cooper, Sharon M (31st)	Jenkins, Curtis S (110th)	Poag, Judy N (6th)
Stanley, Pamela A (49th)	Hammontree, James A (4th)

Status Summary	HC:	PubS	SC:	Corr	FR:	01/15/99	LA:	04/28/99	Signed by Governor

First Reader Summary

A BILL to amend Article 1 of Chapter 4 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions applicable to jails, so as to provide for the establishment of guard lines at jails and signs indicating such guard lines; to prohibit the crossing of guard lines with weapons, intoxicants, or drugs without consent of the sheriff or municipal jailer or the sheriff or municipal jailer's designated representative; and for other purposes.

Code Sections - 42-4-13

HB 128                                              HB 128/AP 
 
      H. B. No. 128 (AS PASSED HOUSE AND SENATE) 
      By:  Representatives Cooper of the 31st, Jenkins of the 
      110th, Poag of the 6th, Stanley of the 49th and Hammontree 
      of the 4th 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Article 1 of Chapter 4 of Title 42 of the Official 
  1- 2  Code of Georgia Annotated, relating to general provisions 
  1- 3  applicable to jails, so as to provide for the establishment 
  1- 4  of guard lines at jails and signs indicating such guard 
  1- 5  lines; to make it unlawful for an inmate of a jail to 
  1- 6  possess any controlled substance, dangerous drug, gun, 
  1- 7  pistol, or other dangerous weapon or marijuana; to prohibit 
  1- 8  the crossing of guard lines with weapons, intoxicants, or 
  1- 9  drugs without consent of the sheriff, jailer, or a law 
  1-10  enforcement officer; to prohibit loitering near inmates 
  1-11  after being ordered by a jailer or a law enforcement officer 
  1-12  to desist from such activity; to prohibit a person from 
  1-13  giving weapons, intoxicants, drugs, or other items to 
  1-14  inmates without consent of the jailer or a law enforcement 
  1-15  officer; to make it unlawful for any person to obtain, to 
  1-16  procure for, or to give to an inmate, or to bring within the 
  1-17  guard lines, any article or item without the knowledge and 
  1-18  consent of the jailer or a law enforcement officer; to make 
  1-19  it unlawful for any person to come inside the guard lines or 
  1-20  be within any jail while under the influence of alcohol, a 
  1-21  controlled substance, dangerous drug, or marijuana without 
  1-22  the knowledge and consent of the jailer or a law enforcement 
  1-23  officer; to provide an exception under certain conditions 
  1-24  with respect to prescription medicines; to provide that it 
  1-25  shall be unlawful for any person to attempt, conspire, or 
  1-26  solicit another to commit certain offenses defined by this 
  1-27  Act; to provide that any violation of this Act shall 
  1-28  constitute a separate offense; to provide that the 
  1-29  provisions of this Act shall not prohibit the lawful use or 
  1-30  dispensing of a controlled substance or dangerous drug to an 
  1-31  inmate with the knowledge and consent of the jailer when 
  1-32  such use or dispensing is lawful under the provisions of 
  1-33  Chapter 13 of Title 16; to change the definition of a 
  1-34  certain term; to define additional terms; to provide 
  1-35  penalties; to provide an effective date; to repeal 
  1-36  conflicting laws; and for other purposes. 
 
 
 
 
                                 -1- 
 
 
 
  2- 1       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  2- 2                           SECTION 1. 
 
  2- 3  Article 1 of Chapter 4 of Title 42 of the Official Code of 
  2- 4  Georgia Annotated, relating to general provisions applicable 
  2- 5  to jails, is amended by striking in its entirety Code 
  2- 6  Section 42-4-13, relating to the prohibition against the 
  2- 7  possession of drugs, weapons, or alcohol by inmates, and 
  2- 8  inserting in lieu thereof a new Code Section 42-4-13 to read 
  2- 9  as follows: 
 
  2-10    "42-4-13. 
 
  2-11    (a) As used in this Code section, the term: 
 
  2-12      (1) 'Alcoholic beverage' means and includes all alcohol, 
  2-13      distilled spirits, beer, malt beverage, wine, or 
  2-14      fortified wine. 
 
  2-15      (2) 'Controlled substance' means a drug, substance, or 
  2-16      immediate precursor in Schedules III through V of Code 
  2-17      Sections  16-13-27 through 16-13-29 as defined in Code 
  2-18      Section 16-13-21. 
 
  2-19      (3) 'Dangerous drug' has the same meaning as defined by 
  2-20      Code Section 16-13-71. 
 
  2-21      (4) 'Jail' means any county jail, municipal jail, or any 
  2-22      jail or detention facility operated by a county, 
  2-23      municipality, or a regional jail authority as authorized 
  2-24      under Article 5 of this chapter. 
 
  2-25      (5) 'Jailer' means the sheriff in the case of any county 
  2-26      jail, or the chief of police if the jail is under the 
  2-27      supervision of the chief of police of a municipality, or 
  2-28      the warden, captain, administrator, superintendent, or 
  2-29      other officer having supervision of any other jail, or 
  2-30      the designee of such officer. 
 
  2-31      (b)(1) It Unless otherwise authorized by law, it shall 
  2-32      be unlawful for an inmate of a jail to possess any 
  2-33      controlled substance, dangerous drug, gun, pistol, or 
  2-34      other dangerous weapon or any marijuana in a quantity of 
  2-35      one ounce or less. 
 
  2-36      (2) Any person who violates paragraph (1) of this 
  2-37      subsection shall be guilty of a felony and, upon 
  2-38      conviction thereof, shall be imprisoned for not less 
  2-39      than one nor more than five years. 
 
 
 
 
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  3- 1      (3) Notwithstanding the provisions of this subsection, 
  3- 2      possession of a controlled substance, a dangerous drug, 
  3- 3      or marijuana in a quantity greater than one ounce shall 
  3- 4      be punished as provided in Chapter 13 of Title 16; 
  3- 5      provided, however, that the provisions of Code Section 
  3- 6      16-13-2 shall not apply to a violation of subparagraph 
  3- 7      (1)(A) of this subsection. 
 
  3- 8      (4) The provisions of this subsection shall not prohibit 
  3- 9      the lawful use or dispensing of a controlled substance 
  3-10      or dangerous drug to an inmate with the knowledge and 
  3-11      consent of the jailer when such use or dispensing is 
  3-12      lawful under the provisions of Chapter 13 of Title 16. 
 
  3-13      (c)(1) Unless otherwise authorized by law, it shall be 
  3-14      unlawful for an inmate of a jail to possess any 
  3-15      alcoholic beverage. 
 
  3-16      (2) Any person who violates paragraph (1) of this 
  3-17      subsection shall be guilty of a misdemeanor. 
 
  3-18        (d)(1)(A) It shall be unlawful for any person to come 
  3-19        inside the guard lines established at any jail with, 
  3-20        or to give or have delivered to an inmate of a jail, 
  3-21        any alcoholic beverage, controlled substance, 
  3-22        dangerous drug, or any marijuana, in a quantity of one 
  3-23        ounce or less, or any gun, pistol, or other dangerous 
  3-24        weapon without the knowledge and consent of the 
  3-25        sheriff or the sheriff's designated representative or 
  3-26        a detention facility administrator or his or her 
  3-27        designee jailer or a law enforcement officer.; 
  3-28        provided, however, that the provisions of this 
  3-29        subsection shall not apply to nor prohibit the use of 
  3-30        an alcoholic beverage by a clergyman or priest in 
  3-31        sacramental services only. 
 
  3-32        (B) It shall be unlawful for any person to come inside 
  3-33        the guard lines established at any jail with, or to 
  3-34        give or have delivered to an inmate of a jail, any 
  3-35        alcoholic beverage without the knowledge and consent 
  3-36        of the jailer or a law enforcement officer; provided, 
  3-37        however, that the provisions of this subsection shall 
  3-38        not apply to nor prohibit the use of an alcoholic 
  3-39        beverage by a clergyman or priest in sacramental 
  3-40        services only. 
 
  3-41      (2) Except as otherwise provided in paragraph (3) of 
  3-42      this subsection, any person who violates paragraph 1 
  3-43      subparagraph (1)(A) of this subsection shall be guilty 
 
 
                                 -3- 
 
 
 
  4- 1      of a felony and, upon conviction thereof, shall be 
  4- 2      imprisoned for not less than one nor more than five 
  4- 3      years. Any person who violates subparagraph (1)(B) of 
  4- 4      this subsection shall be guilty of a misdemeanor. 
 
  4- 5      (3) Notwithstanding the provisions of paragraph (2) of 
  4- 6      this subsection, the possession, possession with intent 
  4- 7      to distribute, trafficking, or distribution of a 
  4- 8      controlled substance or marijuana in a quantity greater 
  4- 9      than one ounce shall be punished as provided in Chapter 
  4-10      13 of Title 16; provided, however, that the provisions 
  4-11      of Code Section 16-13-2 shall not apply to a violation 
  4-12      of subparagraph (1)(A) of this subsection. 
 
  4-13    (e) It shall be unlawful for any person to obtain, to 
  4-14    procure for, or to give to an inmate, or to bring within 
  4-15    the guard lines, any other article or item without the 
  4-16    knowledge and consent of the jailer or a law enforcement 
  4-17    officer. Any person violating this subsection shall be 
  4-18    guilty of a misdemeanor. 
 
  4-19      (f)(1) It shall be unlawful for any person to come 
  4-20      inside the guard lines or be within any jail while under 
  4-21      the influence of a controlled substance, dangerous drug, 
  4-22      or marijuana without the knowledge and consent of the 
  4-23      jailer or a law enforcement officer unless such person 
  4-24      has a valid prescription for such controlled substance 
  4-25      or dangerous drug issued by a person licensed under 
  4-26      Chapter 11 or 34 of Title 43 and such prescribed 
  4-27      substance is consumed only as authorized by the 
  4-28      prescription. Any person convicted of a violation of 
  4-29      this subsection shall be punished by imprisonment for 
  4-30      not less than one nor more than four years. 
 
  4-31      (2) It shall be unlawful for any person to come inside 
  4-32      the guard lines or be within any jail while under the 
  4-33      influence of alcohol without the knowledge and consent 
  4-34      of the jailer or a law enforcement officer. Any person 
  4-35      violating this subsection shall be guilty of a 
  4-36      misdemeanor. 
 
  4-37    (g) It shall be unlawful for any person to loiter where 
  4-38    inmates are assigned after having been ordered by the 
  4-39    jailer or a law enforcement officer to desist therefrom. 
  4-40    Any person violating this subsection shall be guilty of a 
  4-41    misdemeanor. 
 
  4-42    (h) It shall be unlawful for any person to attempt, 
  4-43    conspire, or solicit another to commit any offense defined 
 
 
                                 -4- 
 
 
 
  5- 1    by this Code section and, upon conviction thereof, shall 
  5- 2    be punished by imprisonment not exceeding the maximum 
  5- 3    punishment prescribed for the offense, the commission of 
  5- 4    which was the object of the attempt, conspiracy, or 
  5- 5    solicitation. 
 
  5- 6    (i) Any violation of this Code section shall constitute a 
  5- 7    separate offense. 
 
  5- 8    (j) Perimeter guard lines shall be established at every 
  5- 9    jail by the jailer thereof. Such guard lines shall be 
  5-10    clearly marked by signs on which shall be plainly stamped 
  5-11    or written: 'Guard line of __________.'  Signs shall also 
  5-12    be placed at all entrances and exits for vehicles and 
  5-13    pedestrians at the jail and at such intervals along the 
  5-14    guard lines as will reasonably place all persons 
  5-15    approaching the guard lines on notice of the location of 
  5-16    the jail." 
 
  5-17                           SECTION 2. 
 
  5-18  This Act shall become effective on July 1, 1999. 
 
  5-19                           SECTION 3. 
 
  5-20  All laws and parts of laws in conflict with this Act are 
  5-21  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                 -5-