Crossing of Guard Lines With Weapons, Intoxicants, or Drugs Without Consent of Warden or Superintendent

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  1. It shall be unlawful for any person to come inside the guard lines established at any state or county correctional institution with a gun, pistol, or any other weapon or with or under the influence of any intoxicating liquor, amphetamines, biphetamines, or any other hallucinogenic or other drugs, without the knowledge or consent of the warden, superintendent, or his or her designated representative.
  2. Any person who violates this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than four years.

(Ga. L. 1903, p. 71, § 1; Penal Code 1910, § 1232; Code 1933, § 77-404; Ga. L. 1961, p. 45, § 1; Ga. L. 1971, p. 220, § 1; Ga. L. 2017, p. 673, § 3-2/SB 149.)

The 2017 amendment, effective July 1, 2017, inserted "or her" near the end of subsection (a).

OPINIONS OF THE ATTORNEY GENERAL

Correctional staff are authorized to search visitors entering or leaving correctional institutions; these searches may be conducted by regular members of the correctional staff, properly supervised and trained; staff should conduct searches according to clear guidelines prepared for them by the Department of Offender Rehabilitation (Corrections). 1974 Op. Att'y Gen. No. 74-146.

RESEARCH REFERENCES

Am. Jur. 2d.

- 60 Am. Jur. 2d, Penal and Correctional Institutions, §§ 70-73.

C.J.S.

- 72 C.J.S., Prisons and Rights of Prisoners, §§ 61, 62, 100-102.


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