23 LC 48 0780
H. B. 197
- 1 -
House Bill 197
By: Representatives McCollum of the 30
th
, Powell of the 33
rd
, Wiedower of the 121
st
, Erwin
of the 32
nd
, Gaines of the 120
th
, and others
A BILL TO BE ENTITLED
AN ACT
To amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and
1
offenses, so as to provide for the offense of drug-induced homicide; to provide for enhanced2
penalties for the distribution of certain controlled substances; to provide for enhanced3
penalties for the distribution of controlled substances within 1,000 feet of any substance4
abuse treatment facility; to provide a short title; to provide for related matters; to repeal5
conflicting laws; and for other purposes.6
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7
SECTION 1.8
This Act shall be known and may be cited as "Wesley's Law."9
SECTION 2.10
Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is11
amended in Code Section 16-5-1, relating to murder, malice murder, felony murder, and12
murder in the second degree, by revising subsections (d) and (e) as follows:13
"(d)(1) A person commits the offense of murder when, in the commission of a violation
14
of subsection (b) or (c) of Code Section 16-13-30, he or she causes the death of another15 23 LC 48 0780
H. B. 197
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human being, irrespective of malice or intent, by manufacturing or distributing any16
controlled substance that also contains the Schedule II controlled substance fentanyl as17
provided in subparagraph (F) of paragraph (2) of Code Section 16-13-26.18
(2) Where the accused is charged with the offense of murder based upon the distribution19
of a controlled substance, lack of knowledge that the controlled substance contained20
fentanyl shall not be a defense.21
(e) A person commits the offense of murder in the second degree when, in the commission22
of cruelty to children in the second degree, he or she causes the death of another human23
being irrespective of malice.24
(e)(1)(f)(1) A person convicted of the offense of murder shall be punished by death, by25
imprisonment for life without parole, or by imprisonment for life.26
(2) A person convicted of the offense of murder in the second degree shall be punished27
by imprisonment for not less than ten nor more than 30 years."28
SECTION 3.29
Said title is further amended in Code Section 16-13-30, relating to purchase, possession,30
manufacture, distribution, or sale of controlled substances or marijuana and penalties, by31
adding a new subsection to read as follows:32
"(e.1)(1) Any person who violates subsection (a) of this Code section with respect to the33
Schedule II controlled substance fentanyl as provided in subparagraph (F) of34
paragraph (2) of Code Section 16-13-26 shall be guilty of a felony and, upon conviction35
thereof, shall be punished as follows:36
(A) If the aggregate weight, including any mixture, is 4 grams or more, but less than37
14 grams, such person shall be sentenced to a minimum term of imprisonment for not38
less than seven nor more than ten years and shall pay a fine up to $50,000.00;39 23 LC 48 0780
H. B. 197
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(B) If the aggregate weight, including any mixture, is 14 grams or more, but less than40
28 grams, such person shall be sentenced to a minimum term of imprisonment for not41
less ten nor more than 20 years and shall pay a fine up to $100,000.00; and42
(C) If the aggregate weight, including any mixture, is 28 grams or more, such person43
shall be sentenced to a minimum term of imprisonment of 25 years and shall pay a fine44
up to $250,000.00.45
(2) Any sentenced imposed shall not be suspended, probated, deferred, or withheld, and46
the charge shall not be reduced to a lesser offense, merged with any other offense, or47
served concurrently with any other offense."48
SECTION 4.49
All laws and parts of laws in conflict with this Act are repealed.50