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HB 0845 - Crimes and offenses; immunity from criminal liability for possession of certain materials or images under certain circumstances; provide

Tracking Level: Monitor
Sponsor: Setzler, Ed 35th (R)
Last Action: 2/11/2016 - House Committee Favorably Reported By Substitute
House Committee: JudyNC
Assigned To:
05. Superior CourtsNext Bill
06. State CourtsNext Bill
10. Municipal CourtsNext Bill
Criminal Next Bill

Staff Analysis of the Legislation

            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. 


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