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| Georgia General Assembly |
HB41.html
House Bill
41
By: Representatives Franklin of the 39th
and Coan of the 82nd
A BILL TO BE
ENTITLED
AN ACT
To amend Article 2 of Chapter 12 of Title 45 of the
Official Code of Georgia Annotated, relating to the powers and duties of the
Governor, so as to provide for a reward for persons providing information
leading to the arrest and conviction of persons engaging in election fraud; to
provide definitions; to provide an effective date; to repeal conflicting laws;
and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
SECTION 1.
Article 2 of Chapter 12 of Title 45 of the Official Code of
Georgia Annotated, relating to the powers and duties of the Governor, is amended
by inserting after Code Section 45-12-37 a new Code Section 45-12-37.1 to read
as
follows:
“45-12-37.1.
(a)
As used in this Code section, the term:
(1)
'Conviction' means a final judgment of conviction entered upon a verdict of
guilty or upon a plea of guilty. Such judgment shall be deemed to be a final
judgment when the remittitur from the appellate court of this state affirming
the conviction is filed in the court below or, if the proceeding is before a
federal court, when the United States Circuit Court of Appeals has affirmed the
conviction.
(2) 'Election fraud' means the commission
of any act punishable as a felony that is prohibited by Article 15 of Chapter 2
of Title 21. In addition, election fraud shall also include any act which is a
violation of Code Section 21-2-567, 21-2-568, 21-2-573, 21-2-576, 21-2-578,
21-2-579, 21-2-589, 21-2-590, or 21-2-591.
(b) Any
person, other than a law enforcement officer, who furnishes information leading
to the arrest and conviction of a person or persons for election fraud, as
defined by this Code section, shall receive a reward of
$25,000.00.
(c) The Governor shall pay the reward
authorized by this Code section after conviction.
(d)
The Governor shall pay such reward to any such person from funds appropriated or
otherwise available to the executive branch of the state
government.
(e) Counties and municipalities wherein
election fraud is committed are authorized, but not required, to supplement or
make rewards to persons entitled to receive a reward, as provided for in
subsection (b) of this Code section, in an amount not to exceed $10,000.00 paid
from county funds or $10,000.00 paid from municipal funds for each such person.
Any reward paid pursuant to this subsection shall be paid at the time the
conviction becomes final, as provided in paragraph (1) of subsection (a) of this
Code section, from the funds of the county or municipality, as the case may be.
It is declared that any funds expended pursuant to this subsection are expended
for a public purpose.
(f) When more than one person
furnishes information which would entitle them to receive the rewards pursuant
to subsections (b) through (e) of this Code section, such rewards shall be paid
to the first person furnishing such information; and, if more than one person
furnishes such information at the same time, such rewards shall be prorated
among all persons furnishing such information.
(g) In
any case in which a reward is paid pursuant to this Code section, the person or
persons who were convicted as a result of the information provided shall be
required as a part of the sentence imposed to make restitution to the state and
the county or municipality, if applicable, for the full amount of the reward
paid.”
SECTION 2.
This Act shall become effective upon its approval by the
Governor or upon its becoming law without such approval.
SECTION 3.
All laws and parts of laws in conflict with this Act are
repealed.