10
LC 34 2344
House
Bill 878
By:
Representative Franklin of the
43rd
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
provide for a short title; to report the findings of the General Assembly
regarding the constitutionality of certain federal laws and other mandates; to
amend Article 1 of Chapter 8 of Title 16 of the Official Code of Georgia
Annotated, relating to theft, so as to prohibit state or federal agents or
employees of financial institutions from seizing assets under color of law; to
provide for penalties and other punishment; to provide for an effective date; to
repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
This
Act shall be known as the "State Authority and Deposit Security
Act."
SECTION
2.
The
General Assembly finds that:
(1)
The Tenth Amendment to the United States Constitution guarantees to the states
and the people all powers not granted to the federal government elsewhere in the
Constitution and not prohibited by the Constitution;
(2)
The Ninth Amendment to the United States Constitution guarantees to the people
all rights not otherwise enumerated in the Constitution;
(3)
Article I, Section 8, Clause 6 of the United States Constitution grants the
federal government the power to punish persons for counterfeiting the securities
and current coin of the United States;
(4)
Article I, Section 8, Clause 10 of the United States Constitution grants the
federal government the power to punish persons for piracies and felonies on the
high seas and for offenses against the law of nations;
(5)
Article III, Section 3 of the United States Constitution grants the federal
government the power to prescribe the punishment for treason;
(6)
The United States Constitution contains no other grant of power, general or
specific, to Congress or the federal government, to provide for the punishment
of any other crimes;
(7)
Congress and the federal government have enacted laws, executive orders, rules,
regulations, and other mandates that are beyond the scope of these
constitutionally delegated powers;
(8)
Any actions taken by the federal government through its agents or employees that
are not authorized by the Constitution of the United States are unlawful; and
being unlawful, they are criminal offenses against the affected parties;
and
(9)
The State of Georgia hereby reclaims authority under the Tenth Amendment to the
Constitution of the United States over all powers not otherwise enumerated and
granted to the federal government by the states in the Constitution of the
United States.
SECTION
3.
Article
1 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating
to theft, is amended by adding a new Code section, to read as
follows:
"16-8-22.
(a)
An officer, agent, or employee of the federal government or of a state or
federal financial institution commits the offense of theft by color of law when
such officer, agent, or employee seizes or attempts to seize any money in a
financial institution in this state belonging to a citizen of this state unless
the seizure is pursuant to a federal court order based upon a conviction
for:
(1)
Counterfeiting the securities and current coin of the United
States;
(2)
Piracies and felonies on the high seas;
(3)
Offenses against the law of nations; or
(4)
Treason.
(b)
It shall not be an affirmative defense to a prosecution under subsection (a) of
this Code section that the defendant was acting under color of law unless he or
she is enforcing an order based upon a conviction for a crime enumerated in
subsection (a) of this Code section.
(c)
A person convicted of a violation of subsection (a) of this Code section shall
be guilty of a felony and shall be punished by imprisonment for up to ten years
for each $1,000.00 or portion thereof seized or attempted to be seized and by a
fine in an amount equal to triple the amount seized or attempted to be seized,
which fine shall be paid to the victim of the
offense."
SECTION
4.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
5.
All
laws and parts of laws in conflict with this Act are repealed.