| 1 | 1 | | 23 LC 48 0780 |
|---|
| 2 | 2 | | H. B. 197 |
|---|
| 3 | 3 | | - 1 - |
|---|
| 4 | 4 | | House Bill 197 |
|---|
| 5 | 5 | | By: Representatives McCollum of the 30 |
|---|
| 6 | 6 | | th |
|---|
| 7 | 7 | | , Powell of the 33 |
|---|
| 8 | 8 | | rd |
|---|
| 9 | 9 | | , Wiedower of the 121 |
|---|
| 10 | 10 | | st |
|---|
| 11 | 11 | | , Erwin |
|---|
| 12 | 12 | | of the 32 |
|---|
| 13 | 13 | | nd |
|---|
| 14 | 14 | | , Gaines of the 120 |
|---|
| 15 | 15 | | th |
|---|
| 16 | 16 | | , and others |
|---|
| 17 | 17 | | A BILL TO BE ENTITLED |
|---|
| 18 | 18 | | AN ACT |
|---|
| 19 | 19 | | To amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and |
|---|
| 20 | 20 | | 1 |
|---|
| 21 | 21 | | offenses, so as to provide for the offense of drug-induced homicide; to provide for enhanced2 |
|---|
| 22 | 22 | | penalties for the distribution of certain controlled substances; to provide for enhanced3 |
|---|
| 23 | 23 | | penalties for the distribution of controlled substances within 1,000 feet of any substance4 |
|---|
| 24 | 24 | | abuse treatment facility; to provide a short title; to provide for related matters; to repeal5 |
|---|
| 25 | 25 | | conflicting laws; and for other purposes.6 |
|---|
| 26 | 26 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7 |
|---|
| 27 | 27 | | SECTION 1.8 |
|---|
| 28 | 28 | | This Act shall be known and may be cited as "Wesley's Law."9 |
|---|
| 29 | 29 | | SECTION 2.10 |
|---|
| 30 | 30 | | Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is11 |
|---|
| 31 | 31 | | amended in Code Section 16-5-1, relating to murder, malice murder, felony murder, and12 |
|---|
| 32 | 32 | | murder in the second degree, by revising subsections (d) and (e) as follows:13 |
|---|
| 33 | 33 | | "(d)(1) A person commits the offense of murder when, in the commission of a violation |
|---|
| 34 | 34 | | 14 |
|---|
| 35 | 35 | | of subsection (b) or (c) of Code Section 16-13-30, he or she causes the death of another15 23 LC 48 0780 |
|---|
| 36 | 36 | | H. B. 197 |
|---|
| 37 | 37 | | - 2 - |
|---|
| 38 | 38 | | human being, irrespective of malice or intent, by manufacturing or distributing any16 |
|---|
| 39 | 39 | | controlled substance that also contains the Schedule II controlled substance fentanyl as17 |
|---|
| 40 | 40 | | provided in subparagraph (F) of paragraph (2) of Code Section 16-13-26.18 |
|---|
| 41 | 41 | | (2) Where the accused is charged with the offense of murder based upon the distribution19 |
|---|
| 42 | 42 | | of a controlled substance, lack of knowledge that the controlled substance contained20 |
|---|
| 43 | 43 | | fentanyl shall not be a defense.21 |
|---|
| 44 | 44 | | (e) A person commits the offense of murder in the second degree when, in the commission22 |
|---|
| 45 | 45 | | of cruelty to children in the second degree, he or she causes the death of another human23 |
|---|
| 46 | 46 | | being irrespective of malice.24 |
|---|
| 47 | 47 | | (e)(1)(f)(1) A person convicted of the offense of murder shall be punished by death, by25 |
|---|
| 48 | 48 | | imprisonment for life without parole, or by imprisonment for life.26 |
|---|
| 49 | 49 | | (2) A person convicted of the offense of murder in the second degree shall be punished27 |
|---|
| 50 | 50 | | by imprisonment for not less than ten nor more than 30 years."28 |
|---|
| 51 | 51 | | SECTION 3.29 |
|---|
| 52 | 52 | | Said title is further amended in Code Section 16-13-30, relating to purchase, possession,30 |
|---|
| 53 | 53 | | manufacture, distribution, or sale of controlled substances or marijuana and penalties, by31 |
|---|
| 54 | 54 | | adding a new subsection to read as follows:32 |
|---|
| 55 | 55 | | "(e.1)(1) Any person who violates subsection (a) of this Code section with respect to the33 |
|---|
| 56 | 56 | | Schedule II controlled substance fentanyl as provided in subparagraph (F) of34 |
|---|
| 57 | 57 | | paragraph (2) of Code Section 16-13-26 shall be guilty of a felony and, upon conviction35 |
|---|
| 58 | 58 | | thereof, shall be punished as follows:36 |
|---|
| 59 | 59 | | (A) If the aggregate weight, including any mixture, is 4 grams or more, but less than37 |
|---|
| 60 | 60 | | 14 grams, such person shall be sentenced to a minimum term of imprisonment for not38 |
|---|
| 61 | 61 | | less than seven nor more than ten years and shall pay a fine up to $50,000.00;39 23 LC 48 0780 |
|---|
| 62 | 62 | | H. B. 197 |
|---|
| 63 | 63 | | - 3 - |
|---|
| 64 | 64 | | (B) If the aggregate weight, including any mixture, is 14 grams or more, but less than40 |
|---|
| 65 | 65 | | 28 grams, such person shall be sentenced to a minimum term of imprisonment for not41 |
|---|
| 66 | 66 | | less ten nor more than 20 years and shall pay a fine up to $100,000.00; and42 |
|---|
| 67 | 67 | | (C) If the aggregate weight, including any mixture, is 28 grams or more, such person43 |
|---|
| 68 | 68 | | shall be sentenced to a minimum term of imprisonment of 25 years and shall pay a fine44 |
|---|
| 69 | 69 | | up to $250,000.00.45 |
|---|
| 70 | 70 | | (2) Any sentenced imposed shall not be suspended, probated, deferred, or withheld, and46 |
|---|
| 71 | 71 | | the charge shall not be reduced to a lesser offense, merged with any other offense, or47 |
|---|
| 72 | 72 | | served concurrently with any other offense."48 |
|---|
| 73 | 73 | | SECTION 4.49 |
|---|
| 74 | 74 | | All laws and parts of laws in conflict with this Act are repealed.50 |
|---|