20LC 41 2556S. B. 513- 1 -Senate Bill 513By: Senators Jones II of the 22nd, Butler of the 55th, Henson of the 41st, Jones of the 10th,Orrock of the 36th and others A BILL TO BE ENTITLEDAN ACTTo revise various titles of the Official Code of Georgia Annotated regarding police and 1 justice matters; to amend Chapter 1 of Title 35 of the Official Code of Georgia Annotated,2relating to general provisions relative to law enforcement officers and agencies, so as to3require that certain peace officers be equipped with audio and video recording devices for 4recording all activities while on duty; to provide for definitions; to provide for a public5disclosure exception; to provide for penalties; to provide for grant funding; to amend Article64 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to the7inspection of public records, so as to provide for the release under certain circumstances of 8such audio and video recordings; to amend Article 2 of Chapter 5 of Title 17 of the Official9Code of Georgia Annotated, relating to searches with warrants, so as to provide for the use10of no-knock search warrants; to provide for a definition; to change provisions relating to the11issuance of search warrants; to change provisions relating to the use of force in executing a12search warrant; to amend Chapter 1 of Title 35 of the Official Code of Georgia Annotated,13relating to general provisions relative to law enforcement officers and agencies, so as to14 provide a standard by which state, county, and local law enforcement agencies engage in15vehicular pursuits; to amend Code Section 35-8-7 of the Official Code of Georgia Annotated,16relating to the powers and duties of the Georgia Peace Officer Standards and Training17Council, so as establish basic and in-service training courses on post-traumatic stress18disorder; to amend Code Section 15-11-2 of the Official Code of Georgia Annotated, relating19to definitions for the Juvenile Code, so as to provide for a cross-reference; to amend Title 1620of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to provide21for sentencing of defendants who commit certain crimes which target a victim because of the22victim's race, color, religion, gender, disability, sexual orientation, gender identity or 23expression, national origin, or ethnicity; to amend Article 1 of Chapter 10 of Title 17 of the24Official Code of Georgia Annotated, relating to the procedure for sentencing and imposition25of punishment, so as to repeal certain provisions regarding sentencing of defendants guilty26of crimes involving bias or prejudice, notices for enhanced sentencing, and enhanced 27sentencing; to amend Chapter 1 of Title 40 of the Official Code of Georgia Annotated,28
20LC 41 2556S. B. 513- 2 -relating to general provisions relative to identification and regulation of motor vehicles and 29traffic, so as to require policies that prohibit law enforcement officers from using race or 30ethnicity in determining whether to stop a motor vehicle; to require annual training of law31enforcement officers on such policies; to require officers to document the race, ethnicity, and 32gender of drivers and passengers under certain circumstances; to amend Title 16 of the33Official Code of Georgia Annotated, relating to crimes and offenses, so as to repeal the34 provision regarding no duty to retreat prior to the use of force; to correct cross-references;35to repeal the defense of self or others as an absolute defense; to amend Article 1 of Chapter 3618 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions for 37 prosecuting attorneys, so as to provide for the appointment of a prosecuting attorney when38the accused is a law enforcement officer charged with a felony or an act of family violence;39to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to40controlled substances, so as to provide that possession of certain quantities of marijuana41constitute a misdemeanor; to revise provisions relating to punishment; to amend Title 15,42Title 16, Chapter 7 of Title 17, and Code Section 36-32-6 of the Official Code of Georgia43Annotated, relating to courts, crimes and offenses, pretrial proceedings, and municipal court44 jurisdiction in marijuana possession cases, respectively, so as to conform cross-references;45to amend Article 6 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated,46relating to registration of voters, so as to provide that any person convicted of a felony47involving moral turpitude shall not register to, remain registered to, or vote and to enumerate48such felony offenses; to provide for a definition; to amend Article 2 of Chapter 4 of Title 1749of the Official Code of Georgia Annotated, relating to arrest by officers generally, so as to50 prohibit officers from using kinetic impact projectiles in the use of force; to provide for the51duty to intervene; to prohibit officers from use of force maneuvers that restrict blood or 52oxygen flow to the brain; to amend Chapter 1 of Title 35 of the Official Code of Georgia53Annotated, relating to general provisions regarding law enforcement officers and agencies,54so as to prohibit the possession of certain property from the United States Department of 55Defense by certain local law enforcement agencies; to amend Article 2 of Chapter 21 of Title5650 of the Official Code of Georgia Annotated, relating to state tort claims, so as to remove57certain immunities from the actions of certain law enforcement officers; to provide that58officers alleged to have committed misconduct or a violation of law while acting within the59scope of official duties shall be subject to lawsuit or liability; to amend Article 4 of Chapter 6010 of Title 16 of the Official Code of Georgia Annotated, relating to perjury and related 61offenses, so as to expand the offense of perjury to include false statements made in police62reports by law enforcement officers; to amend Title 35 of the Official Code of Georgia63Annotated, relating to law enforcement officers and agencies, so as to create the Georgia Law64Enforcement Citizen Review Council; to provide for its membership, officers, committees,65
20LC 41 2556S. B. 513- 3 -staff, funding, duties, and powers; to provide for administrative support; to provide for a66short title; to provide for related matters; to repeal conflicting laws; and for other purposes.67BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:68
PART I
69
SECTION 1-1.
70This Act shall be known and may be cited as the "Georgia Justice Act."71
PART II
72
SECTION 2-1.
73Chapter 1 of Title 35 of the Official Code of Georgia Annotated, relating to general74 provisions relative to law enforcement officers and agencies, is amended by adding a new75Code section to read as follows:76
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35-1-23.77(a) As used in this Code section, the term:78(1) 'Encounter for a law enforcement purpose' means:79(A) Any stop, detention, or investigation by a peace officer of any person, or any80interaction by a peace officer with any person, where such person reasonably believes81that such peace officer is acting as an agent, operative, or officer of this state, or a82subdivision or municipality thereof, in such stop, detention, investigation, or 83interaction; or 84(B) Any stop, detention, or investigation by a peace officer of any person, or any85interaction by a peace officer with any person, that results in an arrest or any use of 86force.87(2) 'Peace officer' shall have the same meaning as provided for in paragraph (8) of Code88Section 35-8-2.89(b)(1) On and after January 1, 2021, each state, county, and local law enforcement90agency shall equip all peace officers who conduct traffic stops or respond to emergency91dispatch calls as their primary duty with audio and video recording devices attached to92their persons which shall record audio and video of all activities while such peace officers93are on duty. Such recording device shall depict all activities from the point of view of 94such peace officer's body front or line of sight. Law enforcement agencies that do not95comply with the requirements of this subsection are subject to the withholding of state96funding or state administered federal funding.97