24 LC 49 1839S
The Senate Committee on Public Safety offered the following
substitute to HB 167:
A BILL TO BE ENTITLED
AN ACT
To amend Part 1 of Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia1
Annotated, relating to schedules, offenses, and penalties regarding the regulation of2
controlled substances, so as to provide for enhanced penalties for offenses relating to the3
manufacture, delivery, distribution, dispensing, administering, sale, or possession with intent4
to distribute certain controlled substances where death or serious bodily injury results from5
the use of such substance; to provide a definition; to provide for a short title; to provide for6
related matters; to provide for an effective date and for applicability; to repeal conflicting7
laws; and for other purposes.8
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:9
SECTION 1.10
This Act shall be known and may be cited as the "Justice for Victims of Drug-Induced11
Homicide Act."12
SECTION 2.13
Part 1 of Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated,14
relating to schedules, offenses, and penalties regarding the regulation of controlled15
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substances, is amended by revising subsections (c), (d), (e), (f), (g), (h), (k), and (m) and16
paragraph (2) of subsection (l) of Code Section 16-13-30, relating to purchase, possession,17
manufacture, distribution, or sale of controlled substances or marijuana and penalties, as18
follows:19
"(c) Except as otherwise provided, any person who violates subsection (a) of this Code20
section with respect to a controlled substance in Schedule I or a narcotic drug in Schedule21
II shall be guilty of a felony and, upon conviction thereof, shall be punished as follows:22
(1) If the aggregate weight, including any mixture, is less than one gram of a solid23
substance, less than one milliliter of a liquid substance, or if the substance is placed onto24
a secondary medium with a combined weight of less than one gram, by imprisonment for25
not less than one nor more than three years; provided, however, that if death or serious26
bodily injury results from the use of such substance he or she shall be imprisoned for not27
less than ten years nor more than 40 years or life imprisonment;28
(2) If the aggregate weight, including any mixture, is at least one gram but less than four29
grams of a solid substance, at least one milliliter but less than four milliliters of a liquid30
substance, or if the substance is placed onto a secondary medium with a combined weight31
of at least one gram but less than four grams, by imprisonment for not less than one nor32
more than eight years; provided, however, that if death or serious bodily injury results33
from the use of such substance he or she shall be imprisoned for not less than ten years34
nor more than 40 years or life imprisonment; and35
(3)(A) Except as provided in subparagraph (B) of this paragraph, if the aggregate36
weight, including any mixture, is at least four grams but less than 28 grams of a solid37
substance, at least four milliliters but less than 28 milliliters of a liquid substance, or if38
the substance is placed onto a secondary medium with a combined weight of at least39
four grams but less than 28 grams, by imprisonment for not less than one nor more than40
15 years; provided, however, that if death or serious bodily injury results from the use41
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of such substance he or she shall be imprisoned for not less than ten years nor more42
than 40 years or life imprisonment.43
(B) This paragraph shall not apply to morphine, heroin, opium, or any substance44
identified in subparagraph (RR) or (SS) of paragraph (1) or paragraph (13), (14), or (15)45
of Code Section 16-13-25, or subparagraph (A), (C.5), (F), (U.1), (V), or (V.2) of46
paragraph (2) of Code Section 16-13-26 or any salt, isomer, or salt of an isomer; rather,47
the provisions of Code Section 16-13-31 shall control these substances.48
(d) Except as otherwise provided, any person who violates subsection (b) of this Code49
section with respect to a controlled substance in Schedule I or Schedule II shall be guilty50
of a felony and, upon conviction thereof, shall be punished by imprisonment for not less51
than five years nor more than 30 years; provided, however, that if death or serious bodily52
injury results from the use of such substance he or she shall be imprisoned for not less than53
ten years nor more than 40 years or life imprisonment. Upon conviction of a second or54
subsequent offense, he or she shall be imprisoned for not less than ten years nor more than55
40 years or life imprisonment years; provided, however, that if death or serious bodily56
injury results from the use of such substance he or she shall be imprisoned for not less than57
15 years nor more than 50 years or life imprisonment. The provisions of subsection (a) of58
Code Section 17-10-7 shall not apply to a sentence imposed for a second such offense;59
provided, however, that the remaining provisions of Code Section 17-10-7 shall apply for60
any subsequent offense.61
(e) Any person who violates subsection (a) of this Code section with respect to a62
controlled substance in Schedule II, other than a narcotic drug, shall be guilty of a felony63
and, upon conviction thereof, shall be punished as follows:64
(1) If the aggregate weight, including any mixture, is less than two grams of a solid65
substance, less than two milliliters of a liquid substance, or if the substance is placed onto66
a secondary medium with a combined weight of less than two grams, by imprisonment67
for not less than one nor more than three years; provided, however, that if death or serious68
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bodily injury results from the use of such substance he or she shall be imprisoned for not69
less than ten years nor more than 40 years or life imprisonment;70
(2) If the aggregate weight, including any mixture, is at least two grams but less than71
four grams of a solid substance, at least two milliliters but less than four milliliters of a72
liquid substance, or if the substance is placed onto a secondary medium with a combined73
weight of at least two grams but less than four grams, by imprisonment for not less than74
one nor more than eight years; provided, however, that if death or serious bodily injury75
results from the use of such substance he or she shall be imprisoned for not less than ten76
years nor more than 40 years or life imprisonment; and77
(3) If the aggregate weight, including any mixture, is at least four grams but less than 2878
grams of a solid substance, at least four milliliters but less than 28 milliliters of a liquid79
substance, or if the substance is placed onto a secondary medium with a combined weight80
of at least four grams but less than 28 grams, by imprisonment for not less than one nor81
more than 15 years; provided, however, that if death or serious bodily injury results from82
the use of such substance he or she shall be imprisoned for not less than ten years nor83
more than 40 years or life imprisonment.84
(f) Upon a third or subsequent conviction for a violation of subsection (a) of this Code85
section with respect to a controlled substance in Schedule I or II or subsection (i) of this86
Code section, such person shall be punished by imprisonment for a term not to exceed87
twice the length of the sentence applicable to the particular crime; provided, however, that88
if death or serious bodily injury results from the use of such substance he or she shall be89
imprisoned for not less than 15 years nor more than 50 years or life imprisonment.90
(g) Except as provided in subsection (l) of this Code section, any person who violates91
subsection (a) of this Code section with respect to a controlled substance in Schedule III,92
IV, or V shall be guilty of a felony and, upon conviction thereof, shall be punished by93
imprisonment for not less than one year nor more than three years; provided, however, that94
if death or serious bodily injury results from the use of such substance he or she shall be95
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imprisoned for not less than ten years nor more than 40 years or life imprisonment. Upon96
conviction of a third or subsequent offense, he or she shall be imprisoned for not less than97
one year nor more than five years; provided, however, that if death or serious bodily injury98
results from the use of such substance he or she shall be imprisoned for not less than 1599
years nor more than 50 years or life imprisonment.100
(h) Any person who violates subsection (b) of this Code section with respect to a101
controlled substance in Schedule III, IV, or V shall be guilty of a felony and, upon102
conviction thereof, shall be punished by imprisonment for not less than one year nor more103
than ten years; provided, however, that if death or serious bodily injury results from the use104
of such substance he or she shall be imprisoned for not less than ten years nor more than105
40 years or life imprisonment."106
"(k) It shall be unlawful for any person to hire, solicit, engage, or use an individual under107
the age of 17 years, in any manner, for the purpose of manufacturing, distributing, or108
dispensing, on behalf of the solicitor, any controlled substance, counterfeit substance, or109
marijuana unless the manufacturing, distribution, or dispensing is otherwise allowed by110
law. Any person who violates this subsection shall be guilty of a felony and, upon111
conviction thereof, shall be punished by imprisonment for not less than five years nor more112
than 20 years or by a fine not to exceed $20,000.00, or both; provided, however, that if113
death or serious bodily injury results from the use of such substance he or she shall be114
imprisoned for not less than ten years nor more than 40 years or life imprisonment."115
"(2) Any person who violates subsection (b) of this Code section with respect to116
flunitrazepam, a Schedule IV controlled substance, shall be guilty of a felony and, upon117
conviction thereof, shall be punished by imprisonment for not less than five years nor118
more than 30 years; provided, however, that if death or serious bodily injury results from119
the use of such substance he or she shall be imprisoned for not less than ten years nor120
more than 40 years or life imprisonment. Upon conviction of a second or subsequent121
offense, such person shall be punished by imprisonment for not less than ten years nor122
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more than 40 years or life imprisonment; provided, however, that if death or serious123
bodily injury results from the use of such substance he or she shall be imprisoned for not124
less than 15 years nor more than 50 years or life imprisonment. The provisions of125
subsection (a) of Code Section 17-10-7 shall not apply to a sentence imposed for a second126
such offense, but that subsection and the remaining provisions of Code Section 17-10-7127
shall apply for any subsequent offense.128
(m) As used in this Code section, the term:129
(1) 'Use of such substance' shall include exposure to or contact with such substance by130
a law enforcement officer, firefighter, or first responder as defined in Code Section131
31-11-55.1 in the course of his or her duties resulting in his or her death or serious bodily132
injury.133
(2) 'Solid substance' 'solid substance' means a substance that is not in a liquid or gas134
form. Such term shall include tablets, pills, capsules, caplets, powder, crystal, or any135
variant of such items."136
SECTION 3.137
This Act shall become effective upon its approval by the Governor or upon its becoming law138
without such approval and shall apply to offenses committed on or after such date.139
SECTION 4.140
All laws and parts of laws in conflict with this Act are repealed.141
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