08 LC
35 0863S (SCS)
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
AS
PASSED SENATE
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 for a misdemeanor penalty under certain
circumstances; to provide definitions; to add penalties for violation of the
provisions; to amend Code Section 42-5-19 of the Official Code of Georgia
Annotated, relating to the penalties for violating Code Sections 42-5-16,
42-5-17, and 42-5-18, so as to remove certain penalties; 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 revised in its entirety as
follows:
"42-5-18.
(a)
As used in this Code section, the term:
(1)
'Inmate' means a prisoner, detainee, criminal suspect, immigration detainee, or
other person held, incarcerated, or detained in a place of
incarceration.
(2)
'Place of incarceration' means any prison, probation detention center, jail, or
institution, including any state, federal, local, or privately operated
facility, used for the purpose of incarcerating criminals or detainees.
(3)
'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 place of incarceration, including a
telephone, cellular telephone, personal digital assistant, transmitting radio,
or 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 place of incarceration.
(4)
'Warden or superintendent' shall mean the commissioner or any warden,
superintendent, sheriff, chief jailor, or other person who is responsible for
the overall management and operation of a 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 authorization of the warden or superintendent or his or her
designee.
(c)
It shall be unlawful for an inmate 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 without the authorization of the
warden or superintendent or his or her designee.
(d)
A person who commits or attempts to commit a violation of this Code section
shall be guilty of a felony and, upon conviction thereof, shall be imprisoned
for not less than one nor more than five years; provided, however, if a person
violates this Code section while being held pursuant to an arrest or conviction
for a misdemeanor offense, the possession of a telecommunications device in
violation of this Code section shall be treated as a
misdemeanor."
SECTION
2.
Code
Section 42-5-19 of the Official Code of Georgia Annotated, relating to the
penalties for violating Code Sections 42-5-16, 42-5-17, and 42-5-18, is amended
as follows:
"42-5-19.
Any
person who violates Code Section
42-5-16,
or
42-5-17, or
42-5-18 shall be guilty of a felony and,
upon conviction thereof, shall be imprisoned for not less than one nor more than
five years."
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.