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HB161.html
01 HB 161/AP
House Bill 161 (AS PASSED HOUSE AND
SENATE)
By: Representatives Buckner of the
95th, Jordan of the 96th, Dodson of the 94th,
Seay of the 93rd, Barnes of the 97th and others
A BILL TO BE
ENTITLED
AN ACT
To amend Article 27 of Chapter 2 of Title 20 of the Official
Code of Georgia Annotated, relating to loitering at or disrupting schools, so as
to provide that certain persons entering an elementary or secondary school
building shall promptly check in at a designated location; to provide for
exceptions; to provide for the effect of failure to register; to provide for
applicability; to provide for the effect of certain signs; to provide for
construction; to repeal conflicting laws; and for other
purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
SECTION 1.
Article 27 of Chapter 2 of Title 20 of the Official Code of
Georgia Annotated, relating to loitering at or disrupting schools, is amended by
striking Code Section 20_2_1180, relating to loitering upon school premises, and
inserting in lieu thereof the
following:
"20_2_1180.
(a)
It shall be unlawful for any person to remain upon the premises or within the
school safety zone as defined in paragraph (1) of subsection (a) of Code Section
16_11_127.1 of any public or private school in this state or to remain upon such
premises or within such school safety zone when that person does not have a
legitimate cause or need to be present thereon. Each principal or designee of
each public or private school in this state shall have the authority to exercise
such control over the buildings and grounds upon which a school is located so as
to prohibit any person who does not have a legitimate need or cause to be
present thereon from loitering upon such premises. Each principal or designee
of each public or private school in this state shall notify the appropriate law
enforcement agency to prohibit any person who does not have a legitimate need or
cause to be present therein from loitering within the school safety
zone.
(b) Any person who shall not have any legitimate
cause or need to be present upon the premises or within the school safety zone
of any public or private school in this state who shall willfully fail to remove
himself or herself from such premises after the principal or designee of such
school shall request him or her to do so shall be guilty of a misdemeanor of a
high and aggravated nature.
(c) Upon entering any
elementary or secondary school building between the official starting time and
the official dismissal time, any person who is not a student at such school, an
employee of the school or school system, a school board member, an approved
volunteer following the established guidelines of the school, or a person who
has been invited to or otherwise authorized to be at the school by a principal,
teacher, counselor, or other authorized employee of the school shall check in at
the designated location as stated on posted signs and provide a reason for his
or her presence at the school. Failure to check in at the designated location
as provided in this subsection shall be prima_facie evidence that such person is
in violation of subsection (b) of this Code section. This subsection shall not
apply to law enforcement officers, firefighters, emergency medical technicians
or paramedics, or any public safety or emergency management officials in the
performance of an emergency call or to other persons making authorized
deliveries to the school. This subsection shall not apply to any person
entering a school which serves as an official polling place for the purpose of
voting on election day or attending or participating in an academic or athletic
event while remaining in the authorized area or parent, grandparent or guardian
listed on a child's pick-up list who fails to sign-in while delivering school
supplies, food, clothing, or other legitimate business and who has not
previously been sanctioned by school officials for disrupting a
school.
(d) A school administrator or his or
her designee may ask any visitor to explain his or her presence in the school
building at any time when the school is in official
session.
(e) If the school posts signs on
entrances to the school requiring visitors to check in at the designated
location, such signs shall be deemed prima_facie evidence that persons entering
the school were on notice of the requirements of this Code
section.
(f) Nothing in this Code section shall
be construed to prohibit school administrators from prohibiting the admission of
any person who has violated school policy or state
law."
SECTION 2.
All laws and parts of laws in conflict with this Act are
repealed.