Georgia § 16-7-29 - Interference with electronic monitoring devices; "electronic monitoring device" defined; penalty.

§ 16-7-29. Interference with electronic monitoring devices; "electronic monitoring device" defined; penalty.

For purposes of this Code section, the term "electronic monitoring device" shall include any device that is utilized to track the location of a person. It shall be unlawful for any person to knowingly and without authority remove, destroy, or circumvent the operation of an electronic monitoring device which is being used for the purpose of monitoring a person who is: Complying with a home arrest program as set forth in Code Section 42-1-8; Wearing an electronic monitoring device as a condition of bond or pretrial release; Wearing an electronic monitoring device as a condition of probation; Wearing an electronic monitoring device as a condition of parole; or Wearing an electronic monitoring device as required in Code Section 42-1-14. It shall be unlawful for any person to knowingly and without authority request or solicit any other person to remove, destroy, or circumvent the operation of an electronic monitoring device which is being used for the purposes described in subsection (b) of this Code section. Any person who violates this Code section shall be guilty of the offense of tampering with the operation of an electronic monitoring device and shall be punished by imprisonment for not less than one nor more than five years. (Code 1981, § 16-7-29 , enacted by Ga. L. 2004, p. 761, § 2; Ga. L. 2005, p. 60, § 16/HB 95; Ga. L. 2006, p. 72, § 16/SB 465; Ga. L. 2010, p. 168, § 4/HB 571.) Cross references. - Terms and conditions of probation, § 42-8-35 . Editor's notes. - This Code section formerly pertained to criminal trespass by motor vehicles. The former Code section was based on Ga. L. 1987, p. 837, § 1 and Ga. L. 1990, p. 881, § 1. For similar provisions, see Code Section 40-6-252. Ga. L. 2004, p. 761, § 1, not codified by the General Assembly, provides that: "The General Assembly finds that the safety of the public is a paramount concern and that prison and jail overcrowding and the high cost of incarceration demand a cost effective and innovative approach to protecting communities from dangerous offenders while at the same time providing alternatives to, or bridges to and from incarceration. Under appropriate conditions and limitations, electronic monitoring devices provide the criminal justice system with a tool that should be considered under proper circumstances. Electronic monitoring devices offer effective means to track individuals and may reduce criminal recidivism as well as provide the state with monetary savings since the cost of an electronic monitoring device is far less than the cost of incarcerating an individual and an individual may be able to pay for the device. The criminal penalties provided by this Act are designed to encourage the use of electronic monitoring devices while at the same time discourage interference with these devices."