23 LC 48 0699
H. B. 253
- 1 -
House Bill 253
By: Representatives Momtahan of the 17
th
, Kelley of the 16
th
, Seabaugh of the 34
th
, Tarvin
of the 2
nd
, McCollum of the 30
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 for related matters; to repeal conflicting laws; and for5
other purposes.6
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7
SECTION 1.8
Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is9
amended in Code Section 16-5-1, relating to murder, malice murder, felony murder, and10
murder in the second degree, by revising subsections (d) and (e) and adding a new subsection11
to read as follows:12
"(d)(1) A person commits the offense of murder when, in the commission of a violation
13
of subsection (b) or (c) of Code Section 16-13-30 or a violation of Code Section14
16-13-32.7, he or she causes the death of another human being, irrespective of malice or15
intent, by manufacturing or distributing any controlled substance that also contains the16 23 LC 48 0699
H. B. 253
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Schedule II controlled substance fentanyl as provided in subparagraph (F) of17
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 2.29
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) Any person who violates subsection (a) of this Code section with respect to the33
Schedule II controlled substance fentanyl as provided in subparagraph (F) of paragraph (2)34
of Code Section 16-13-26 shall be guilty of a felony, and upon conviction thereof, shall be35
punished as follows:36
(1) If the aggregate weight, including any mixture, is 4 grams or more, but less than 1437
grams, such person shall be sentenced to a minimum term of imprisonment for not less38
than three nor more than seven years;39
(2) If the aggregate weight, including any mixture, is 14 grams or more, but less than 2840
grams, such person shall be sentenced to a minimum term of imprisonment for not less41
15 nor more than 20 years; and42 23 LC 48 0699
H. B. 253
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(3) If the aggregate weight, including any mixture, is 28 grams or more, such person43
shall be sentenced to a term of life imprisonment."44
SECTION 3.45
Said title is further amended by adding a new Code section to Article 2 of Chapter 13,46
relating to regulation of controlled substances, to read as follows: 47
"16-13-32.7.48
(a) It shall be unlawful for any person to manufacture, distribute, dispense, or possess with49
intent to distribute a controlled substance in, on, or within 1,000 feet of any real property50
owned by or leased to any public or private treatment facility as provided in Code Section51
37-7-80.52
(b) Any person who violates or conspires to violate subsection (a) of this Code section53
shall be guilty of a felony and upon conviction shall receive the following punishment:54
(1) Upon a first conviction, imprisonment for not more than 20 years or a fine of not55
more than $20,000.00, or both; or56
(2) Upon a second or subsequent conviction, imprisonment for not less than five years57
nor more than 40 years or a fine of not more than $40,000.00, or both. It shall be58
mandatory for the court to impose a minimum sentence of five years which may not be59
suspended unless otherwise provided by law.60
A sentence imposed under this Code section shall be served consecutively to any other61
sentence imposed.62
(c) A conviction arising under this Code section shall not merge with a conviction arising63
under any other provision of this article."64
SECTION 4.65
All laws and parts of laws in conflict with this Act are repealed. 66