Staff Analysis of the Legislation
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HB 838 renames
Office of Public Safety Officer Support at the Department of Public Safety to
the Office of Public Safety Support. The bill also amends Chapter 8 of Title 35
of the OCGA to provide peace officers the right to bring civil suit against persons
or groups for damages suffered while the peace officer was performing their
official duties or for damages suffered as a result of a false claim being
filled against the officer. Finally, the bill creates the offense of bias motivated
intimidation. A person commits this offense when they cause death, serious
bodily harm of another person maliciously and with the specific intent to
intimidate, harass, or terrorize the other person because of their actual or
perceived employment as a first responder. The offense also applies if a person
causes damages in excess of $500 to another person’s property under the same
circumstances. Convictions for this offense shall be punishable with imprisonment
between one and five years, a fine of up to $5000, or both. The bill further states that each violation of
this law will constitute a separate offence which shall not be merged and that
sentences for this offense shall run consecutively to sentences for any other
offenses. Charges for this offense shall not be prosecuted by way of an
accusation but only by indictment or special presentment by a grand jury. |