08 LC 38
0526
House
Bill 1071
By:
Representatives Sims of the
169th,
Lewis of the
15th,
and Lunsford of the
110th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 2 of Chapter 10 of Title 16 of the Official Code of Georgia
Annotated, relating to obstruction of public administration and related
offenses, so as to make it unlawful to knowingly remove or attempt to remove a
taser from certain persons; to provide for related matters; to repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
2 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating
to obstruction of public administration and related offenses, is amended by
revising subsection (a) of Code Section 16-10-33, relating to the removal or
attempted removal of a weapon from a public official, as follows:
"(a)
It shall be unlawful for any person knowingly to remove or attempt to remove a
firearm, chemical spray,
taser,
or baton from the possession of another person if:
(1)
The other person is lawfully acting within the course and scope of employment;
and
(2)
The person has knowledge or reason to know that the other person is employed
as:
(A)
A peace officer as defined in paragraph (8) of Code Section 35-8-2;
(B)
A probation officer, or other employee with the power of arrest, by the
Department of Corrections;
(C)
A parole supervisor, or other employee with the power of arrest, by the State
Board of Pardons and Paroles;
(D)
A jail officer or guard by a county or municipality and has the responsibility
of supervising inmates who are confined in a county or municipal jail or other
detention facility; or
(E)
A juvenile correctional officer by the Department of Juvenile Justice and has
the primary responsibility for the supervision and control of youth confined in
such department´s programs and facilities."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.