Georgia HB 845: Crimes and offenses; immunity from criminal liability for possession of certain materials or images under certain circumstances; provide

Bill Text

16 LC 29 6722
H. B. 845
- 1 -
House Bill 845
By: Representatives Setzler of the 35
th, Reeves of the 34
th, and Golick of the 40
th
A BILL TO BE ENTITLED
AN ACT
To amend Article 2 of Chapter 3 of Title 16 of the Official Code of Georgia Annotated,1
relating to justification and excuse, so as to provide for immunity from criminal liability for2
possession of certain materials or images under certain circumstances; to provide for related3
matters; to repeal conflicting laws; and for other purposes.4
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:5
SECTION 1.6
Article 2 of Chapter 3 of Title 16 of the Official Code of Georgia Annotated, relating to7
justification and excuse, is amended by adding a new Code section to read as follows:8
"16-3-22.1.9
(a) Any individual who in good faith has possession of materials or images that are in10
violation of Article 3 of Chapter 12 of this title shall be immune to the same extent as a law11
enforcement officer would be immune from criminal liability for such possession when12
such possession is for the purpose of reporting such violation:13
(1) To law enforcement officials; or14
(2) As allowed and required by Code Section 19-7-5.15
(b) The official report of the law enforcement agency or the Division of Family and16
Children Services of the Department of Human Services shall create a rebuttable17
presumption of good faith and reasonableness on the part of the individual who has18
possession.19
(c) The purpose of this Code section is to provide for those individuals who act in good20
faith to assist law enforcement officers or the Division of Family and Children Services of21
the Department of Human Services when the health and safety of a child are being22
adversely affected and threatened by the conduct of another. This Code section shall be23
liberally construed so as to carry out the purposes thereof."24

16 LC 29 6722
H. B. 845
- 2 -
SECTION 2.25
All laws and parts of laws in conflict with this Act are repealed.26