08 LC
35 0780
Senate
Bill 366
By:
Senators Grant of the 25th, Hamrick of the 30th, Bulloch of the 11th, Hill of
the 4th and Goggans of the 7th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 42-5-18 of the Official Code of Georgia Annotated, relating
to giving weapons, intoxicants, drugs, or other items to inmates without the
consent of the warden or superintendent, so as to prohibit inmates from
receiving or possessing telecommunications devices; to establish that providing
a telecommunications device to an inmate and possession of such device by an
inmate shall be a felony; to provide a definition; 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 42-5-18 of the Official Code of Georgia Annotated, relating to giving
weapons, intoxicants, drugs, or other items to inmates without the consent of
the warden or superintendent, is amended as follows:
"42-5-18.
(a)
As used in
this Code section, the term 'telecommunications device' means a device, an
apparatus associated with a device, or a component of a device that enables, or
may be used to enable, communication with a person outside a prison,
institution, or other place of incarceration, including a telephone, a cellular
telephone, a personal digital assistant, a transmitting radio, or a computer
connected or capable of being connected to a computer network, by wireless or
other technology, or otherwise capable of communicating with a person or device
outside of a prison, institution, or other place of incarceration.
(b)
It shall be unlawful for any person to obtain, to procure for, or to give to an
inmate a gun, pistol, or any other weapon, any intoxicating liquor,
amphetamines, biphetamines, or any other hallucinogenic drugs or other drugs,
regardless of the amount,
any
telecommunications device, or any other
article or item, without the knowledge and consent of the warden,
superintendent, or his
or
her designated representative.
(b)(c)
Any
It shall be
unlawful for an inmate
found to be
in possession of
to
possess a gun, pistol, or any other
weapon, any intoxicating liquor, amphetamines, biphetamines, or any other
hallucinogenic drugs or other drugs, regardless of the amount,
a
telecommunications device, or any other
item given
to said inmate in violation of subsection (a) of this Code section shall be
prosecuted as set forth in Code Section
42-5-19
without the
knowledge and consent of the warden, superintendent, or his or her designated
representative.
(d)
This Code section shall apply to any inmate incarcerated in this state,
including an inmate incarcerated in a federal, state, local, or privately
operated facility."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.