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Bill > HB161


GA HB161

GA HB161
Georgia Bureau of Investigation; authority to issue subpoenas of electronic communication records for purposes of investigating certain cyber enabled threats to life and property; provide


summary

Introduced
01/28/2025
In Committee
03/13/2025
Crossed Over
03/06/2025
Passed
04/07/2025
Dead
Signed/Enacted/Adopted
05/08/2025

Introduced Session

2025-2026 Regular Session

Bill Summary

AN ACT To amend Article 1 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions relative to the Georgia Bureau of Investigation, to provide for authority to issue subpoenas of electronic communication records for purposes of investigating certain crimes relating to cyber enabled threats to life and property; to provide for punishment for failure to obey certain subpoenas; to prohibit disclosure of the issuance of certain subpoenas during the pendency of an investigation; to amend Title 16 and Code Sections 20-3-10, 36-80-23, and 38-3-40 of the Official Code of Georgia Annotated, relating to crimes and offenses, sanctuary policies prohibited and penalty for violation, prohibition on immigration sanctuary policies by local governmental entities, certification of compliance, and punishment, and definitions relative to the Board of Homeland Security, respectively, so as to repeal the definition of 'domestic terrorism'; to establish the crime of domestic terrorism; to make conforming changes; to provide for related matters; to repeal conflicting laws; and for other purposes.

AI Summary

This bill amends Georgia law to expand the Georgia Bureau of Investigation's (GBI) authority to issue subpoenas for electronic communication records and redefines the legal framework for domestic terrorism. Specifically, the bill allows the director, assistant director, or deputy director of the GBI to issue subpoenas, with the Attorney General's consent, to obtain electronic communication service records for investigations related to specific criminal activities, including certain offenses involving minors and other cyber-enabled threats. The subpoenas can compel service providers to disclose subscriber information such as name, address, phone records, service duration, and payment details, and providers are prohibited from notifying the subject of the subpoena. The bill also establishes a new legal definition of domestic terrorism as a felony violation intended to cause serious bodily harm, kill individuals, or disable critical infrastructure, with the purpose of intimidating the population, coercing government policy, or affecting government conduct. The legislation sets significant criminal penalties for domestic terrorism, ranging from 5 to 35 years imprisonment or life sentences depending on the severity of the offense, and specifies that sentences cannot be fully suspended. Additionally, the bill makes conforming changes to several other sections of Georgia law to align with the new domestic terrorism definition.

Committee Categories

Justice

Sponsors (6)

Last Action

Effective Date 2025-07-01 (on 05/08/2025)

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