| 6 | | - | To amend Part 1 of Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia1 |
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| 7 | | - | Annotated, relating to schedules, offenses, and penalties regarding the regulation of2 |
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| 8 | | - | controlled substances, so as to provide for enhanced penalties for offenses relating to the3 |
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| 9 | | - | manufacture, delivery, distribution, dispensing, administering, sale, or possession with intent4 |
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| 10 | | - | to distribute certain controlled substances where death or serious bodily injury results from5 |
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| 11 | | - | the use of such substance; to provide a definition; to provide for a short title; to provide for6 |
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| 12 | | - | related matters; to provide for an effective date and for applicability; to repeal conflicting7 |
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| 13 | | - | laws; and for other purposes.8 |
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| 14 | | - | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:9 |
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| 15 | | - | SECTION 1.10 |
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| 16 | | - | This Act shall be known and may be cited as the "Justice for Victims of Drug-Induced11 |
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| 17 | | - | Homicide Act."12 |
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| 18 | | - | SECTION 2.13 |
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| 19 | | - | Part 1 of Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated,14 |
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| 20 | | - | relating to schedules, offenses, and penalties regarding the regulation of controlled15 |
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| 21 | | - | - 1 - 24 LC 49 1839S |
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| 22 | | - | substances, is amended by revising subsections (c), (d), (e), (f), (g), (h), (k), and (m) and16 |
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| 23 | | - | paragraph (2) of subsection (l) of Code Section 16-13-30, relating to purchase, possession,17 |
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| 24 | | - | manufacture, distribution, or sale of controlled substances or marijuana and penalties, as18 |
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| 25 | | - | follows:19 |
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| 26 | | - | "(c) Except as otherwise provided, any person who violates subsection (a) of this Code20 |
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| 27 | | - | section with respect to a controlled substance in Schedule I or a narcotic drug in Schedule21 |
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| 28 | | - | II shall be guilty of a felony and, upon conviction thereof, shall be punished as follows:22 |
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| 29 | | - | (1) If the aggregate weight, including any mixture, is less than one gram of a solid23 |
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| 30 | | - | substance, less than one milliliter of a liquid substance, or if the substance is placed onto24 |
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| 31 | | - | a secondary medium with a combined weight of less than one gram, by imprisonment for25 |
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| 32 | | - | not less than one nor more than three years; provided, however, that if death or serious26 |
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| 33 | | - | bodily injury results from the use of such substance he or she shall be imprisoned for not27 |
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| 34 | | - | less than ten years nor more than 40 years or life imprisonment;28 |
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| 35 | | - | (2) If the aggregate weight, including any mixture, is at least one gram but less than four29 |
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| 36 | | - | grams of a solid substance, at least one milliliter but less than four milliliters of a liquid30 |
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| 37 | | - | substance, or if the substance is placed onto a secondary medium with a combined weight31 |
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| 38 | | - | of at least one gram but less than four grams, by imprisonment for not less than one nor32 |
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| 39 | | - | more than eight years; provided, however, that if death or serious bodily injury results33 |
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| 40 | | - | from the use of such substance he or she shall be imprisoned for not less than ten years34 |
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| 41 | | - | nor more than 40 years or life imprisonment; and35 |
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| 42 | | - | (3)(A) Except as provided in subparagraph (B) of this paragraph, if the aggregate36 |
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| 43 | | - | weight, including any mixture, is at least four grams but less than 28 grams of a solid37 |
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| 44 | | - | substance, at least four milliliters but less than 28 milliliters of a liquid substance, or if38 |
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| 45 | | - | the substance is placed onto a secondary medium with a combined weight of at least39 |
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| 46 | | - | four grams but less than 28 grams, by imprisonment for not less than one nor more than40 |
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| 47 | | - | 15 years; provided, however, that if death or serious bodily injury results from the use41 |
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| 48 | | - | - 2 - 24 LC 49 1839S |
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| 49 | | - | of such substance he or she shall be imprisoned for not less than ten years nor more42 |
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| 50 | | - | than 40 years or life imprisonment.43 |
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| 51 | | - | (B) This paragraph shall not apply to morphine, heroin, opium, or any substance44 |
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| 52 | | - | identified in subparagraph (RR) or (SS) of paragraph (1) or paragraph (13), (14), or (15)45 |
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| 53 | | - | of Code Section 16-13-25, or subparagraph (A), (C.5), (F), (U.1), (V), or (V.2) of46 |
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| 54 | | - | paragraph (2) of Code Section 16-13-26 or any salt, isomer, or salt of an isomer; rather,47 |
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| 55 | | - | the provisions of Code Section 16-13-31 shall control these substances.48 |
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| 56 | | - | (d) Except as otherwise provided, any person who violates subsection (b) of this Code49 |
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| 57 | | - | section with respect to a controlled substance in Schedule I or Schedule II shall be guilty50 |
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| 58 | | - | of a felony and, upon conviction thereof, shall be punished by imprisonment for not less51 |
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| 59 | | - | than five years nor more than 30 years; provided, however, that if death or serious bodily52 |
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| 60 | | - | injury results from the use of such substance he or she shall be imprisoned for not less than53 |
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| 61 | | - | ten years nor more than 40 years or life imprisonment. Upon conviction of a second or54 |
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| 62 | | - | subsequent offense, he or she shall be imprisoned for not less than ten years nor more than55 |
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| 63 | | - | 40 years or life imprisonment years; provided, however, that if death or serious bodily56 |
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| 64 | | - | injury results from the use of such substance he or she shall be imprisoned for not less than57 |
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| 65 | | - | 15 years nor more than 50 years or life imprisonment. The provisions of subsection (a) of58 |
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| 66 | | - | Code Section 17-10-7 shall not apply to a sentence imposed for a second such offense;59 |
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| 67 | | - | provided, however, that the remaining provisions of Code Section 17-10-7 shall apply for60 |
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| 68 | | - | any subsequent offense.61 |
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| 69 | | - | (e) Any person who violates subsection (a) of this Code section with respect to a62 |
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| 70 | | - | controlled substance in Schedule II, other than a narcotic drug, shall be guilty of a felony63 |
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| 71 | | - | and, upon conviction thereof, shall be punished as follows:64 |
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| 72 | | - | (1) If the aggregate weight, including any mixture, is less than two grams of a solid65 |
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| 73 | | - | substance, less than two milliliters of a liquid substance, or if the substance is placed onto66 |
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| 74 | | - | a secondary medium with a combined weight of less than two grams, by imprisonment67 |
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| 75 | | - | for not less than one nor more than three years; provided, however, that if death or serious68 |
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| 76 | | - | - 3 - 24 LC 49 1839S |
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| 77 | | - | bodily injury results from the use of such substance he or she shall be imprisoned for not69 |
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| 78 | | - | less than ten years nor more than 40 years or life imprisonment;70 |
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| 79 | | - | (2) If the aggregate weight, including any mixture, is at least two grams but less than71 |
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| 80 | | - | four grams of a solid substance, at least two milliliters but less than four milliliters of a72 |
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| 81 | | - | liquid substance, or if the substance is placed onto a secondary medium with a combined73 |
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| 82 | | - | weight of at least two grams but less than four grams, by imprisonment for not less than74 |
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| 83 | | - | one nor more than eight years; provided, however, that if death or serious bodily injury75 |
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| 84 | | - | results from the use of such substance he or she shall be imprisoned for not less than ten76 |
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| 85 | | - | years nor more than 40 years or life imprisonment; and77 |
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| 86 | | - | (3) If the aggregate weight, including any mixture, is at least four grams but less than 2878 |
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| 87 | | - | grams of a solid substance, at least four milliliters but less than 28 milliliters of a liquid79 |
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| 88 | | - | substance, or if the substance is placed onto a secondary medium with a combined weight80 |
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| 89 | | - | of at least four grams but less than 28 grams, by imprisonment for not less than one nor81 |
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| 90 | | - | more than 15 years; provided, however, that if death or serious bodily injury results from82 |
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| 91 | | - | the use of such substance he or she shall be imprisoned for not less than ten years nor83 |
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| 92 | | - | more than 40 years or life imprisonment.84 |
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| 93 | | - | (f) Upon a third or subsequent conviction for a violation of subsection (a) of this Code85 |
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| 94 | | - | section with respect to a controlled substance in Schedule I or II or subsection (i) of this86 |
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| 95 | | - | Code section, such person shall be punished by imprisonment for a term not to exceed87 |
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| 96 | | - | twice the length of the sentence applicable to the particular crime; provided, however, that88 |
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| 97 | | - | if death or serious bodily injury results from the use of such substance he or she shall be89 |
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| 98 | | - | imprisoned for not less than 15 years nor more than 50 years or life imprisonment.90 |
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| 99 | | - | (g) Except as provided in subsection (l) of this Code section, any person who violates91 |
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| 100 | | - | subsection (a) of this Code section with respect to a controlled substance in Schedule III,92 |
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| 101 | | - | IV, or V shall be guilty of a felony and, upon conviction thereof, shall be punished by93 |
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| 102 | | - | imprisonment for not less than one year nor more than three years; provided, however, that94 |
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| 103 | | - | if death or serious bodily injury results from the use of such substance he or she shall be95 |
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| 104 | | - | - 4 - 24 LC 49 1839S |
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| 105 | | - | imprisoned for not less than ten years nor more than 40 years or life imprisonment. Upon96 |
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| 106 | | - | conviction of a third or subsequent offense, he or she shall be imprisoned for not less than97 |
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| 107 | | - | one year nor more than five years; provided, however, that if death or serious bodily injury98 |
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| 108 | | - | results from the use of such substance he or she shall be imprisoned for not less than 1599 |
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| 109 | | - | years nor more than 50 years or life imprisonment.100 |
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| 110 | | - | (h) Any person who violates subsection (b) of this Code section with respect to a101 |
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| 111 | | - | controlled substance in Schedule III, IV, or V shall be guilty of a felony and, upon102 |
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| 112 | | - | conviction thereof, shall be punished by imprisonment for not less than one year nor more103 |
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| 113 | | - | than ten years; provided, however, that if death or serious bodily injury results from the use104 |
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| 114 | | - | of such substance he or she shall be imprisoned for not less than ten years nor more than105 |
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| 115 | | - | 40 years or life imprisonment."106 |
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| 116 | | - | "(k) It shall be unlawful for any person to hire, solicit, engage, or use an individual under107 |
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| 117 | | - | the age of 17 years, in any manner, for the purpose of manufacturing, distributing, or108 |
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| 118 | | - | dispensing, on behalf of the solicitor, any controlled substance, counterfeit substance, or109 |
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| 119 | | - | marijuana unless the manufacturing, distribution, or dispensing is otherwise allowed by110 |
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| 120 | | - | law. Any person who violates this subsection shall be guilty of a felony and, upon111 |
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| 121 | | - | conviction thereof, shall be punished by imprisonment for not less than five years nor more112 |
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| 122 | | - | than 20 years or by a fine not to exceed $20,000.00, or both; provided, however, that if113 |
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| 123 | | - | death or serious bodily injury results from the use of such substance he or she shall be114 |
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| 124 | | - | imprisoned for not less than ten years nor more than 40 years or life imprisonment."115 |
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| 125 | | - | "(2) Any person who violates subsection (b) of this Code section with respect to116 |
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| 126 | | - | flunitrazepam, a Schedule IV controlled substance, shall be guilty of a felony and, upon117 |
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| 127 | | - | conviction thereof, shall be punished by imprisonment for not less than five years nor118 |
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| 128 | | - | more than 30 years; provided, however, that if death or serious bodily injury results from119 |
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| 129 | | - | the use of such substance he or she shall be imprisoned for not less than ten years nor120 |
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| 130 | | - | more than 40 years or life imprisonment. Upon conviction of a second or subsequent121 |
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| 131 | | - | offense, such person shall be punished by imprisonment for not less than ten years nor122 |
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| 132 | | - | - 5 - 24 LC 49 1839S |
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| 133 | | - | more than 40 years or life imprisonment; provided, however, that if death or serious123 |
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| 134 | | - | bodily injury results from the use of such substance he or she shall be imprisoned for not124 |
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| 135 | | - | less than 15 years nor more than 50 years or life imprisonment. The provisions of125 |
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| 136 | | - | subsection (a) of Code Section 17-10-7 shall not apply to a sentence imposed for a second126 |
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| 137 | | - | such offense, but that subsection and the remaining provisions of Code Section 17-10-7127 |
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| 138 | | - | shall apply for any subsequent offense.128 |
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| 139 | | - | (m) As used in this Code section, the term:129 |
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| 140 | | - | (1) 'Use of such substance' shall include exposure to or contact with such substance by130 |
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| 141 | | - | a law enforcement officer, firefighter, or first responder as defined in Code Section131 |
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| 142 | | - | 31-11-55.1 in the course of his or her duties resulting in his or her death or serious bodily132 |
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| 143 | | - | injury.133 |
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| 144 | | - | (2) 'Solid substance' 'solid substance' means a substance that is not in a liquid or gas134 |
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| 145 | | - | form. Such term shall include tablets, pills, capsules, caplets, powder, crystal, or any135 |
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| 146 | | - | variant of such items."136 |
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| 147 | | - | SECTION 3.137 |
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| 148 | | - | This Act shall become effective upon its approval by the Governor or upon its becoming law138 |
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| 149 | | - | without such approval and shall apply to offenses committed on or after such date.139 |
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| 150 | | - | SECTION 4.140 |
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| 151 | | - | All laws and parts of laws in conflict with this Act are repealed.141 |
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| 152 | | - | - 6 - |
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| 7 | + | To amend Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated,1 |
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| 8 | + | relating to dangerous instrumentalities and practices, so as to provide for an exception to the2 |
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| 9 | + | definition of firearm in relation to possession of firearm or knife during commission of or3 |
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| 10 | + | attempt to commit certain crimes and Brady Law regulations; to amend Chapter 5 of Title4 |
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| 11 | + | 35 of the Official Code of Georgia Annotated, relating to Georgia Public Safety Training5 |
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| 12 | + | Center, so as to authorize the establishment of a law enforcement unit within the center; to6 |
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| 13 | + | provide for training standards; to provide for state-wide jurisdiction and arrest powers to7 |
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| 14 | + | peace officers employed by the center; to provide for related matters; to repeal conflicting8 |
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| 15 | + | laws; and for other purposes.9 |
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| 16 | + | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:10 |
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| 17 | + | SECTION 1.11 |
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| 18 | + | Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to12 |
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| 19 | + | dangerous instrumentalities and practices, is amended in Code Section 16-11-106, relating13 |
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| 20 | + | to possession of firearm or knife during commission of or attempt to commit certain crimes,14 |
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| 21 | + | by adding a new subsection to read as follows:15 23 LC 39 3899S |
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| 22 | + | - 2 - |
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| 23 | + | "(f) A stun gun or taser lawfully possessed by a peace officer shall not be considered a16 |
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| 24 | + | firearm under this Code section."17 |
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| 25 | + | SECTION 2.18 |
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| 26 | + | Said article is further amended in Code Section 16-11-171, relating to definitions relative to19 |
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| 27 | + | Brady Law regulations, by revising paragraph (3) as follows:20 |
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| 28 | + | "(3) 'Firearm' means any weapon that is designed to or may readily be converted to expel21 |
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| 29 | + | a projectile by the action of an explosive or the frame or receiver of any such weapon,22 |
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| 30 | + | any firearm muffler or firearm silencer, or any destructive device as defined in 18 U.S.C.23 |
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| 31 | + | Section 921(a)(3). Such term shall not include any stun gun or taser as such term is24 |
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| 32 | + | defined in Code Section 16-11-106."25 |
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| 33 | + | SECTION 3.26 |
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| 34 | + | Chapter 5 of Title 35 of the Official Code of Georgia Annotated, relating to Georgia Public27 |
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| 35 | + | Safety Training Center, is amended in Code Section 35-5-5, relating to center available for28 |
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| 36 | + | use by certain personnel, fees, enrollment, authorization for expenditure of funds, and powers29 |
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| 37 | + | and duties, by adding a new subsection to read as follows:30 |
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| 38 | + | "(e) Subject to funds appropriated for such purpose and rules and regulations prescribed31 |
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| 39 | + | by the board, the administrator of the center shall be authorized to expend funds for costs32 |
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| 40 | + | associated with necessary equipment and personnel for the purposes of establishing and33 |
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| 41 | + | maintaining a law enforcement unit pursuant to Code Section 35-5-7."34 |
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| 42 | + | SECTION 4.35 |
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| 43 | + | Said chapter is further amended by revising Code Section 35-5-7, relating to security police36 |
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| 44 | + | force, as follows:37 23 LC 39 3899S |
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| 45 | + | - 3 - |
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| 46 | + | "35-5-7.38 |
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| 47 | + | (a) The administrator of the center, with the approval of the board, is shall be authorized39 |
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| 48 | + | to establish a security police force law enforcement unit within the Georgia Public Safety40 |
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| 49 | + | Training Center. and to appoint and employ peace officers for the preservation of public41 |
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| 50 | + | order, the protection of life and property, and the enforcement of laws. Personnel in such42 |
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| 51 | + | positions shall comply with the requirements of Chapter 8 of this title, the 'Georgia Peace43 |
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| 52 | + | Officer Standards and Training Act.'44 |
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| 53 | + | (b) Officers employed pursuant to this Code section shall have jurisdiction throughout this45 |
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| 54 | + | state and shall have the power of arrest in the performance of their duties. While in the46 |
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| 55 | + | performance of their duties on property of the Georgia Public Safety Training Center, such47 |
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| 56 | + | security police shall have the same law enforcement powers, including the power of arrest,48 |
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| 57 | + | as a law enforcement officer of the local government with police jurisdiction over such49 |
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| 58 | + | Georgia Public Safety Training Center.50 |
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| 59 | + | (c) This Code section shall not repeal, supersede, alter, or affect the power of any other51 |
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| 60 | + | law enforcement officer of this state or of any county, municipality, or other political52 |
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| 61 | + | subdivision of this state."53 |
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| 62 | + | SECTION 5.54 |
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| 63 | + | All laws and parts of laws in conflict with this Act are repealed.55 |
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