Staff Analysis of the Legislation
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HB 845
seeks to amend Article 2 of Chapter 3 of Title 16 of the O.C.G.A. relating to
justification and excuse.
New Code Section 16-3-22.1 is added
which states that any person who in good faith has possession of materials or
images in violation of Article 3 of Chapter 12 of this title and immediately
notifies law enforcement officials or any person that is required to report
suspected child abuse, or makes such notification within 72 hours from the time
there is reasonable cause to believe such person is in possession of such
materials or images shall be immune to the same extent as a law enforcement
officer would be immune from criminal liability for such possession. The law
enforcement agency or the Division of Family Services of the Department of
Human Services shall create a rebuttable presumption of good faith and
reasonableness on the part of the person that has possession. The Code Section
is intended to be construed liberally. |