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04 SB469/AP
Senate Bill
469
By: Senators Dean of the 31st, Jackson of the 50th, Butler of the 55th and Hooks of the 14th
AS PASSED
By: Senators Dean of the 31st, Jackson of the 50th, Butler of the 55th and Hooks of the 14th
AS PASSED
AN ACT
To amend Article 2 of Chapter 7 of Title 16 of the Official
Code of Georgia Annotated, relating to criminal trespass and damage to property,
and Code Section 42-8-35, relating to terms and conditions of probation, so as
to provide for utilization of electronic monitoring devices for probation and an
offense related to interfering with such device; to provide for legislative
findings; to create a new offense for interfering with electronic monitoring
devices; to provide the court with additional punishment tools for the criminal
offenses against a victim who is a minor; to provide for fees related to
monitoring; to provide for penalties; to provide a definition; to provide for
related matters; to provide an effective date; to repeal conflicting laws; and
for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
SECTION 1.
The General Assembly finds that the safety of the public is
a paramount concern and that prison and jail overcrowding and the high cost of
incarceration demand a cost effective and innovative approach to protecting
communities from dangerous offenders while at the same time providing
alternatives to, or bridges to and from incarceration. Under appropriate
conditions and limitations, electronic monitoring devices provide the criminal
justice system with a tool that should be considered under proper circumstances.
Electronic monitoring devices offer effective means to track individuals and may
reduce criminal recidivism as well as provide the state with monetary savings
since the cost of an electronic monitoring device is far less than the cost of
incarcerating an individual and an individual may be able to pay for the device.
The criminal penalties provided by this Act are designed to encourage the use of
electronic monitoring devices while at the same time discourage interference
with these devices.
SECTION 2.
Article 2 of Chapter 7 of Title 16 of the Official Code of
Georgia Annotated, relating to criminal trespass and damage to property, is
amended by adding a new Code Section 16-7-29, to read as
follows:
"16-7-29.
(a) It shall be unlawful for any person to knowingly and without authority remove, destroy, or circumvent the operation of an electronic monitoring device which is being used for the purpose of monitoring a person who is:
(1) Complying with a home arrest program as set forth in Code Section 42-1-8;
(2) Wearing an electronic monitoring device as a condition of bond or pretrial release;
(3) Wearing an electronic monitoring device as a condition of probation; or
(4) Wearing an electronic monitor as a condition of parole.
(b) It shall be unlawful for any person to knowingly and without authority request or solicit any other person to remove, destroy, or circumvent the operation of an electronic monitoring device which is being used for the purposes described in subsection (a) of this Code section.
(c) For purposes of this Code section, the term 'electronic monitoring device' shall include any device that is utilized to track the location of a person.
(d) Any person who violates this Code section shall be guilty of the offense of tampering with the operation of an electronic monitoring device and shall be punished by imprisonment for not less than one nor more than 5 years."
"16-7-29.
(a) It shall be unlawful for any person to knowingly and without authority remove, destroy, or circumvent the operation of an electronic monitoring device which is being used for the purpose of monitoring a person who is:
(1) Complying with a home arrest program as set forth in Code Section 42-1-8;
(2) Wearing an electronic monitoring device as a condition of bond or pretrial release;
(3) Wearing an electronic monitoring device as a condition of probation; or
(4) Wearing an electronic monitor as a condition of parole.
(b) It shall be unlawful for any person to knowingly and without authority request or solicit any other person to remove, destroy, or circumvent the operation of an electronic monitoring device which is being used for the purposes described in subsection (a) of this Code section.
(c) For purposes of this Code section, the term 'electronic monitoring device' shall include any device that is utilized to track the location of a person.
(d) Any person who violates this Code section shall be guilty of the offense of tampering with the operation of an electronic monitoring device and shall be punished by imprisonment for not less than one nor more than 5 years."
SECTION 3.
Code Section 42-8-35 of the Official Code of Georgia
Annotated, relating to terms and conditions of probation, is amended by striking
the Code section and inserting in lieu thereof the
following:
"42-8-35.
(a) The court shall determine the terms and conditions of probation and may provide that the probationer shall:
(1) Avoid injurious and vicious habits;
(2) Avoid persons or places of disreputable or harmful character;
(3) Report to the probation supervisor as directed;
(4) Permit the supervisor to visit the probationer at the probationer´s home or elsewhere;
(5) Work faithfully at suitable employment insofar as may be possible;
(6) Remain within a specified location;
(7) Make reparation or restitution to any aggrieved person for the damage or loss caused by the probationer´s offense, in an amount to be determined by the court. Unless otherwise provided by law, no reparation or restitution to any aggrieved person for the damage or loss caused by the probationer´s offense shall be made if the amount is in dispute unless the same has been adjudicated;
(8) Make reparation or restitution as reimbursement to a municipality or county for the payment for medical care furnished the person while incarcerated pursuant to the provisions of Article 3 of Chapter 4 of this title. No reparation or restitution to a local governmental unit for the provision of medical care shall be made if the amount is in dispute unless the same has been adjudicated;
(9) Repay the costs incurred by any municipality or county for wrongful actions by an inmate covered under the provisions of paragraph (1) of subsection (a) of Code Section 42-4-71;
(10) Support the probationer´s legal dependents to the best of the probationer´s ability;
(11) Violate no local, state, or federal laws and be of general good behavior; and
(12) If permitted to move or travel to another state, agree to waive extradition from any jurisdiction where the probationer may be found and not contest any effort by any jurisdiction to return the probationer to this state.
(b) In determining the terms and conditions of probation for a probationer who has been convicted of a criminal offense against a victim who is a minor as that phrase is defined in subparagraph (a)(4)(B) of Code Section 42-1-12, the court may provide that the probationer shall be:
(1) Prohibited from entering or remaining present at a victim´s school, place of employment, place of residence, or other specified place at times when a victim is present or from entering or remaining present in areas where minors congregate, child care facilities, or schools as those terms are defined in subsection (a) of Code Section 42-1-13;
(2) Required to wear a device capable of tracking the location of the probationer by means including electronic surveillance or global positioning systems. Unless the probationer is indigent, the department shall assess and collect fees from the probationer for such monitoring at levels set by regulation by the department; and
(3) Prohibited from seeking election to a Local Board of Education."
"42-8-35.
(a) The court shall determine the terms and conditions of probation and may provide that the probationer shall:
(1) Avoid injurious and vicious habits;
(2) Avoid persons or places of disreputable or harmful character;
(3) Report to the probation supervisor as directed;
(4) Permit the supervisor to visit the probationer at the probationer´s home or elsewhere;
(5) Work faithfully at suitable employment insofar as may be possible;
(6) Remain within a specified location;
(7) Make reparation or restitution to any aggrieved person for the damage or loss caused by the probationer´s offense, in an amount to be determined by the court. Unless otherwise provided by law, no reparation or restitution to any aggrieved person for the damage or loss caused by the probationer´s offense shall be made if the amount is in dispute unless the same has been adjudicated;
(8) Make reparation or restitution as reimbursement to a municipality or county for the payment for medical care furnished the person while incarcerated pursuant to the provisions of Article 3 of Chapter 4 of this title. No reparation or restitution to a local governmental unit for the provision of medical care shall be made if the amount is in dispute unless the same has been adjudicated;
(9) Repay the costs incurred by any municipality or county for wrongful actions by an inmate covered under the provisions of paragraph (1) of subsection (a) of Code Section 42-4-71;
(10) Support the probationer´s legal dependents to the best of the probationer´s ability;
(11) Violate no local, state, or federal laws and be of general good behavior; and
(12) If permitted to move or travel to another state, agree to waive extradition from any jurisdiction where the probationer may be found and not contest any effort by any jurisdiction to return the probationer to this state.
(b) In determining the terms and conditions of probation for a probationer who has been convicted of a criminal offense against a victim who is a minor as that phrase is defined in subparagraph (a)(4)(B) of Code Section 42-1-12, the court may provide that the probationer shall be:
(1) Prohibited from entering or remaining present at a victim´s school, place of employment, place of residence, or other specified place at times when a victim is present or from entering or remaining present in areas where minors congregate, child care facilities, or schools as those terms are defined in subsection (a) of Code Section 42-1-13;
(2) Required to wear a device capable of tracking the location of the probationer by means including electronic surveillance or global positioning systems. Unless the probationer is indigent, the department shall assess and collect fees from the probationer for such monitoring at levels set by regulation by the department; and
(3) Prohibited from seeking election to a Local Board of Education."
SECTION 4.
This Act shall become effective on January 1,
2005.
SECTION 5.
All laws and parts of laws in conflict with this Act are
repealed.