06 LC
21 8674S
The
House Committee on Public Safety offers the following substitute to HB
465:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 20-2-1180 of the Official Code of Georgia Annotated, relating
to loitering upon school premises or within a school safety zone, penalties for
violations, required check in of visitors, and posting signs of required check
in, so as to change certain provisions relating to failure to leave school
premises after being requested to leave; to change certain provisions relating
to check in requirements and exceptions; to repeal conflicting laws; and for
other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 20-2-1180 of the Official Code of Georgia Annotated, relating to
loitering upon school premises or within a school safety zone, penalties for
violations, required check in of visitors, and posting signs of required check
in, is amended by striking subsections (b) and (c) and inserting in lieu thereof
the following:
∀(b)
Any person who
shall not
have
any:
(1)
Is
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
and
willfully
fails to remove himself or herself from
such premises after the principal or designee of such school
shall
request
requests
him or her to do
so;
or
(2)
Fails to check in at the designated location as required by subsection (c) of
this Code section and willfully fails to remove himself or herself from such
premises after the principal or designee of such school requests 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.
(c.1)
Subsections (b) and (c) of this Code
section
This
subsection shall not apply to
law:
(1)
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;
(2)
Any person entering a school which serves
as an official polling place for the purpose of voting on election
day;
or
(3)
Any person attending or participating in
an academic or athletic event while remaining in the authorized
area;
or
(4)
A
a
parent, grandparent, or guardian listed on a
child́s
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.
(c.2)
Notwithstanding the provisions of paragraph (4) of subsection (c.1) of this Code
section, a local school system is authorized to implement a requirement that a
parent, grandparent, or guardian listed on a
child́s
pick-up list sign-in while delivering school supplies, food, clothing, or other
legitimate business, and, if a local school system has done so, the provisions
of subsections (b) and (c) ofthis Code section shall apply to any person failing
to comply with such
requirement.∀
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.