10
LC 35 1724S
House
Bill 979 (COMMITTEE SUBSTITUTE)
By:
Representatives Lane of the
167th
and Dollar of the
45th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 2 of Chapter 5 of Title 16 of the Official Code of Georgia
Annotated, relating to assault and battery, so as to provide for penalties for
committing aggravated assault on a law enforcement explorer; to provide for
related matters; to provide for an effective date and applicability; to repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
2 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating
to assault and battery, is amended in Code Section 16-5-21, relating to
aggravated assault, as follows:
"16-5-21.
(a)
A person commits the offense of aggravated assault when he or she
assaults:
(1)
With intent to murder, to rape, or to rob;
(2)
With a deadly weapon or with any object, device, or instrument which, when used
offensively against a person, is likely to or actually does result in serious
bodily injury; or
(3)
A person or persons without legal justification by discharging a firearm from
within a motor vehicle toward a person or persons.
(b)
Except as provided in subsections (c) through (l) of this Code section, a person
convicted of the offense of aggravated assault shall be punished by imprisonment
for not less than one nor more than 20 years.
(c)
A person who knowingly commits the offense of aggravated assault upon a peace
officer while the peace officer is engaged in, or on account of the performance
of, his or her official duties shall, upon conviction thereof, be punished by
imprisonment for not less than five nor more than 20 years.
(d)
Any person who commits the offense of aggravated assault against a person who is
65 years of age or older shall, upon conviction thereof, be punished by
imprisonment for not less than three nor more than 20 years.
(e)(1)
As used in this subsection, the term 'correctional officer' shall include
superintendents, wardens, deputy wardens, guards, and correctional officers of
state, county, and municipal penal institutions who are certified by the Georgia
Peace Officer Standards and Training Council pursuant to Chapter 8 of Title 35
and employees of the Department of Juvenile Justice who are known to be
employees of the department or who have given reasonable identification of their
employment. The term 'correctional officer' shall also include county jail
officers who are certified or registered by the Georgia Peace Officer Standards
and Training Council pursuant to Chapter 8 of Title 35.
(2)
A person who knowingly commits the offense of aggravated assault upon a
correctional officer while the correctional officer is engaged in, or on account
of the performance of, his or her official duties shall, upon conviction
thereof, be punished by imprisonment for not less than five nor more than 20
years.
(f)(1)
As used in this subsection, the term 'law enforcement explorer' means any person
who is a current member of a law enforcement agency's explorer program and who
is performing functions other than those required to be performed by a certified
peace officer on behalf of a law enforcement agency while under the direct
physical supervision of a sworn officer of that agency and wearing a uniform
that bears at least one patch that clearly identifies the law enforcement agency
that he or she represents.
(2)
A person who knowingly commits the offense of aggravated assault upon a law
enforcement explorer while the law enforcement explorer is engaged in, or on
account of the performance of, his or her duties shall, upon conviction thereof,
be punished by imprisonment for not less than five nor more than 20
years.
(f)(g)
Any person who commits the offense of aggravated assault in a public transit
vehicle or station shall, upon conviction thereof, be punished by imprisonment
for not less than three nor more than 20 years. For purposes of this Code
section, 'public transit vehicle' has the same meaning as in subsection (c) of
Code Section 16-5-20.
(g)(h)
Any person who commits the offense of aggravated assault upon a person in the
course of violating Code Section 16-8-2 where the property that was the subject
of the theft was a vehicle engaged in commercial transportation of cargo or any
appurtenance thereto, including without limitation any such trailer,
semitrailer, container, or other associated equipment, or the cargo being
transported therein or thereon, shall upon conviction be punished by
imprisonment for not less than five years nor more than 20 years, a fine not
less than $50,000.00 nor more than $200,000.00, or both such fine and
imprisonment. For purposes of this subsection, the term 'vehicle' includes
without limitation any railcar.
(h)(i)
A person convicted of an offense described in paragraph (3) of subsection (a) of
this Code section shall be punished by imprisonment for not less than five nor
more than 20 years.
(i)(j)
Any person who commits the offense of aggravated assault involving the use of a
firearm upon a student or teacher or other school personnel within a school
safety zone as defined in paragraph (1) of subsection (a) of Code Section
16-11-127.1 shall, upon conviction thereof, be punished by imprisonment for not
less than five nor more than 20 years.
(j)(k)
If the offense of aggravated assault is committed between past or present
spouses, persons who are parents of the same child, parents and children,
stepparents and stepchildren, foster parents and foster children, or other
persons excluding siblings living or formerly living in the same household, the
defendant shall be punished by imprisonment for not less than three nor more
than 20 years.
(k)(l)
Any person who commits the offense of aggravated assault with intent to rape
against a child under the age of 14 years shall be punished by imprisonment for
not less than 25 nor more than 50 years. Any person convicted under this
subsection shall, in addition, be subject to the sentencing and punishment
provisions of Code Section 17-10-6.2."
SECTION
2.
This
Act shall become effective on July 1, 2010, and shall apply to offenses
committed on or after such date.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.