07 HB48/SCSFA/1
SENATE
SUBSTITUTE TO HB 48
AS
PASSED SENATE
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 16-5-1 and Code Section 45-9-81 of the Official Code of
Georgia Annotated, relating to murder and felony murder and definitions relative
to the Georgia State Indemnification Fund, so as to change certain provisions of
the Code when certain public safety officers are killed; to change the
punishment for murder when the victim is a peace officer, corrections employee,
provider of emergency medical services, or firefighter while engaged in the
performance of his or her official duties; to redefine certain terms; to
provide for related matters; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
.1.
Code
Section 16-5-1 of the Official Code of Georgia Annotated, relating to murder and
felony murder, is amended by revising subsection (d) as follows:
"(d)(1)
Except as provided in paragraph (2) of this subsection,
a
A
person convicted of the offense of murder shall be punished by
death, by
imprisonment for life without parole, or
by imprisonment for life.
(2)
A person convicted of the offense of murder committed against any peace officer,
corrections employee, provider of emergency medical services, or firefighter
while engaged in the performance of his or her official duties shall be punished
by death or by imprisonment for life without parole.
(e)
With regard to the offense of murder as described in paragraph (2) of subsection
(d) of this Code section, notwithstanding any other provision of law, if the
prosecuting attorney has given notice that the state intends to seek the death
penalty pursuant to the Uniform Rules of the Superior Courts, and the defendant
is convicted and is not sentenced to death, the defendant shall be sentenced to
imprisonment for life without parole, and if the prosecuting attorney does not
seek the death penalty, and the defendant is convicted, the defendant shall be
sentenced to imprisonment for life without
parole."
SECTION
1.
Code
Section 45-9-81 of the Official Code of Georgia Annotated, relating to
definitions relative to the Georgia State Indemnification Fund, is amended by
revising paragraph (5) to read as follows:
"(5)
'In the line of duty' means:
(A)
With respect to an emergency medical technician, while
training,
on
duty,
and when responding to or returning from an emergency or performing duties at
the scene of an emergency or transporting a person to a medical facility for
emergency treatment or returning therefrom;
(B)
With respect to a firefighter, while
training,
on
duty,
and when responding to or returning from a fire or other emergency or performing
duties during any fire or other emergency or performing duties intended to
protect life and property;
(C)
With respect to a law enforcement officer or firefighter, while on duty and
performing services for and
receiving
with or
without compensation from the law
enforcement and fire service agency which employs such officer or firefighter,
while off duty when responding to any situation which would save a life or
preserve the peace, or while preventing or attempting to prevent the commission
of a crime or fire. A law enforcement officer or firefighter who is performing
duties for and receiving compensation from a private employer at the time of
such officer´s or firefighter´s death or bodily injury causing
permanent disability shall not be considered in the line of duty unless the
officer or firefighter has left the scope of his or her employment for the
private employer for the direct purpose of enforcing or attempting to enforce
fire service, the criminal or traffic laws, preserving or attempting to preserve
public order, protecting or attempting to protect life or property, performing
active state service as a member of the Georgia National Guard, preventing or
attempting to prevent a crime, detecting or attempting to detect crime, or
investigating or attempting to investigate crime. The determination that a law
enforcement officer or firefighter was killed or permanently disabled in the
line of duty and is entitled to indemnification pursuant to this part shall not
be considered in the determination of the entitlement of such officer to
workers´ compensation, disability, health, or other benefits from such
officer´s or firefighter´s public or private employer;
(D)
With respect to a prison guard, while on duty and performing services for and
receiving compensation from the public agency which employs such prison guard;
or
(E)
With respect to a state highway employee, while on duty and performing any work
necessary for the construction, maintenance, or operation of a roadway on or
within the public roads of the state as defined in paragraph (24) of Code
Section 32-1-3 when such employee is killed or permanently disabled as the
result of working under hazardous conditions in close proximity to moving
traffic or equipment."
SECTION
2.
Said
Code section is further amended by striking paragraph (6) and inserting in lieu
thereof the following:
"(6)
'Law enforcement officer' means any agent or officer of this state,
or
a political subdivision or municipality
thereof,
of this state,
an authority or instrumentality of this state, or a local authority created as a
joint public instrumentality of municipalities or counties of this
state, who, as a full-time or part-time
employee, is
enrolled in a basic training course for purposes of Code Section 35-8-9 in a
school certified by the Georgia Peace Officer Standards and Training Council
or is vested either expressly by law or by
virtue of public employment or service with authority to enforce the criminal or
traffic laws and whose duties include the preservation of public order, the
protection of life and property, or the prevention, detection, or investigation
of crime. Such term also includes the employees designated by the commissioner
of juvenile justice of the Department of Juvenile Justice pursuant to paragraph
(2) of subsection (i) of Code Section 49-4A-8, which employees have the duty to
investigate and apprehend delinquent and unruly children who have escaped from a
facility under the jurisdiction of the Department of Juvenile Justice or who
have broken the conditions of supervision. Such term also includes members of
the Georgia National Guard, the composition of which is set forth in Code
Section 38-2-3, who have been called into active state service by the
Governor."
SECTION
3.
Said
Code section is further amended by revising subparagraph (B) of paragraph (4) as
follows:
"(B)
'Firefighter' or 'fireman' shall also mean any individual serving as an
officially recognized or designated member of a legally organized volunteer fire
department or
any employee of the Georgia Forestry Commission whose job duties include fire
mitigation who performs any acts or
actions while on duty or when responding to a fire or emergency during any fire
or other emergency or while performing duties intended to protect life and
property."
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.