Georgia HB 602: Georgia Athletic and Entertainment Commission; regulation of bare knuckle boxing matches; provide

Bill Text

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The House Committee on Higher Education offers the following substitute to HB 602:
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 1 of Title 20 of the Official Code of Georgia Annotated, relating to1
general provisions relative to education, so as to provide for the denial of state funds for2
loans, grants, and scholarships for any student who is convicted of a criminal offense when3
such conviction is the result of a student engaging in materially and substantially disruptive4
conduct on such postsecondary educational institution's campus; to provide definitions; to5
provide that the Georgia Student Finance Commission shall promulgate rules and6
regulations; to provide for compliance by postsecondary educational institutions; to provide7
for related matters; to repeal conflicting laws; and for other purposes.8
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:9
SECTION 1.10
Chapter 1 of Title 20 of the Official Code of Georgia Annotated, relating to general11
provisions relative to education, is amended by adding a new article to read as follows:12
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"ARTICLE 513
20-1-50.14
As used in this article, the term:15
(1) 'Campus' means the grounds and buildings owned or occupied by a postsecondary16
educational institution.17
(2) 'Convicted' or 'conviction' refers to a plea of guilty, a finding of guilty by a court of18
competent jurisdiction, or the acceptance of a plea of nolo contendere or affording of first19
offender treatment by a court of competent jurisdiction, irrespective of the pendency or20
availability of any appeal or application for collateral relief.21
(3) 'Criminal offense' means any criminal offense under Title 16 or any offense under22
federal law.23
(4) 'Date of conviction' means the date on which the trial court determines guilt and24
enters judgment thereon or the date on which the court accepts a plea of nolo contendere25
or formally allows a person to receive first offender treatment.26
(5) 'Harassment' means unwelcome conduct or expressive activity directed at a student,27
administrator, faculty, staff, or visitor on campus that is so severe, pervasive, and28
objectively offensive that he or she is effectively denied equal access to educational29
opportunities or any other benefits provided by the postsecondary educational institution.30
(6)(A) 'Materially and substantially disruptive conduct' means a person intentionally31
engaging in conduct or expressive activity which such person knows or reasonably32
should have known would significantly hinder another person's or group's expressive33
activity, prevent the communication of the person's or group's message, or prevent the34
transaction of business of a lawful meeting, gathering, or procession by:35
(i) Engaging in fighting, violence, or other unlawful behavior;36
(ii) Damaging or defacing property;37
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(iii) Physically blocking, using threats of violence, or creating loud or sustained noise38
or vocalization intended to prevent any person from attending, listening to, viewing,39
or otherwise participating in an expressive activity;40
(iv) Occupying or materially disrupting the ingress, egress, or use of campus facilities41
without consent from the postsecondary educational institution; or42
(v) Engaging in harassment at the postsecondary educational institution.43
(B) Conduct or expressive activity shall not be considered materially and substantially44
disruptive conduct if it is protected under the Georgia Constitution or the First45
Amendment to the United States Constitution, including, but not limited to, lawful46
protests in an unrestricted outdoor area of campus, except during times when such areas47
have been reserved in advance for other events, or minor, brief, or fleeting nonviolent48
disruptions of events that are isolated and short in duration.49
(7) 'Postsecondary educational institution' shall have the same meaning as 'eligible50
postsecondary institution' as set forth in Code Section 20-3-519.51
(8) 'Student' means any person who is enrolled as a student in courses for academic52
credit on a full-time, part-time, temporary, or intermittent basis in any postsecondary53
educational institution.54
20-1-51.55
(a) Any student who is convicted of a criminal offense, when such conviction is the result56
of a student engaging in materially and substantially disruptive conduct on the campus of57
such postsecondary educational institution, shall as of the date of conviction be denied state58
funds for any loans, grants, or scholarships provided for in Article 7 of Chapter 3 of this59
title.60
(b) Such denial of state funds shall be effective as of the first day of the term, quarter,61
semester, or other similar period for which such student was enrolled immediately62
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following the date of conviction and shall continue through the end of the next such term,63
quarter, semester, or other similar period.64
(c) An