Georgia 2023-2024 Regular Session

Georgia House Bill HB253 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	23 LC 48 0699
2	2	H. B. 253
3	3	- 1 -
4	4	House Bill 253
5	5	By: Representatives Momtahan of the 17
6	6	th
7	7	, Kelley of the 16
8	8	th
9	9	, Seabaugh of the 34
10	10	th
11	11	, Tarvin
12	12	of the 2
13	13	nd
14	14	, McCollum of the 30
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 for related matters; to repeal conflicting laws; and for5
25	25	other purposes.6
26	26	BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7
27	27	SECTION 1.8
28	28	Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is9
29	29	amended in Code Section 16-5-1, relating to murder, malice murder, felony murder, and10
30	30	murder in the second degree, by revising subsections (d) and (e) and adding a new subsection11
31	31	to read as follows:12
32	32	"(d)(1) A person commits the offense of murder when, in the commission of a violation
33	33	13
34	34	of subsection (b) or (c) of Code Section 16-13-30 or a violation of Code Section14
35	35	16-13-32.7, he or she causes the death of another human being, irrespective of malice or15
36	36	intent, by manufacturing or distributing any controlled substance that also contains the16 23 LC 48 0699
37	37	H. B. 253
38	38	- 2 -
39	39	Schedule II controlled substance fentanyl as provided in subparagraph (F) of17
40	40	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 2.29
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) 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) of paragraph (2)34
57	57	of Code Section 16-13-26 shall be guilty of a felony, and upon conviction thereof, shall be35
58	58	punished as follows:36
59	59	(1) If the aggregate weight, including any mixture, is 4 grams or more, but less than 1437
60	60	grams, such person shall be sentenced to a minimum term of imprisonment for not less38
61	61	than three nor more than seven years;39
62	62	(2) If the aggregate weight, including any mixture, is 14 grams or more, but less than 2840
63	63	grams, such person shall be sentenced to a minimum term of imprisonment for not less41
64	64	15 nor more than 20 years; and42 23 LC 48 0699
65	65	H. B. 253
66	66	- 3 -
67	67	(3) If the aggregate weight, including any mixture, is 28 grams or more, such person43
68	68	shall be sentenced to a term of life imprisonment."44
69	69	SECTION 3.45
70	70	Said title is further amended by adding a new Code section to Article 2 of Chapter 13,46
71	71	relating to regulation of controlled substances, to read as follows: 47
72	72	"16-13-32.7.48
73	73	(a) It shall be unlawful for any person to manufacture, distribute, dispense, or possess with49
74	74	intent to distribute a controlled substance in, on, or within 1,000 feet of any real property50
75	75	owned by or leased to any public or private treatment facility as provided in Code Section51
76	76	37-7-80.52
77	77	(b) Any person who violates or conspires to violate subsection (a) of this Code section53
78	78	shall be guilty of a felony and upon conviction shall receive the following punishment:54
79	79	(1) Upon a first conviction, imprisonment for not more than 20 years or a fine of not55
80	80	more than $20,000.00, or both; or56
81	81	(2) Upon a second or subsequent conviction, imprisonment for not less than five years57
82	82	nor more than 40 years or a fine of not more than $40,000.00, or both. It shall be58
83	83	mandatory for the court to impose a minimum sentence of five years which may not be59
84	84	suspended unless otherwise provided by law.60
85	85	A sentence imposed under this Code section shall be served consecutively to any other61
86	86	sentence imposed.62
87	87	(c) A conviction arising under this Code section shall not merge with a conviction arising63
88	88	under any other provision of this article."64
89	89	SECTION 4.65
90	90	All laws and parts of laws in conflict with this Act are repealed. 66