23 LC 48 0849
H. B. 446
- 1 -
House Bill 446
By: Representatives Reeves of the 99
th
, Silcox of the 53
rd
, Hilton of the 48
th
, Daniel of the
117
th
, Crowe of the 118
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 drive-by shooting; to modify the offense of2
aggravated assault; to provide for enhanced criminal penalties in certain circumstances; to3
provide for definitions; to provide for penalties; to provide for related matters; to repeal4
conflicting laws; and for other purposes.5
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6
SECTION 1.7
Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is8
amended in Code Section 16-5-21, relating to aggravated assault, by revising subsections (a)9
and (g) as follows:10
"(a) A person commits the offense of aggravated assault when he or she assaults:11
(1) With intent to murder, to rape, or to rob;12
(2) With a deadly weapon or with any object, device, or instrument which, when used13
offensively against a person, is likely to or actually does result in serious bodily injury;14
(3) With any object, device, or instrument which, when used offensively against a15
person, is likely to or actually does result in strangulation; or16 23 LC 48 0849
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(4) A person or persons without Without legal justification by discharging a firearm from17
within a motor vehicle or after immediately exiting a vehicle toward a person, a motor18
vehicle, or persons occupied building."19
"(g) Except as provided in subsection (c) of this Code section, a person convicted of an20
offense described in paragraph (4) of subsection (a) of this Code section shall be punished21
by imprisonment for not less than five ten nor more than 20 years."22
SECTION 2.23
Said title is further amended by revising Code Section 16-7-22, relating to criminal damage24
to property in the first degree, as follows:25
"16-7-22.26
(a) A person commits the offense of criminal damage to property in the first degree when27
he:28
(1) Knowingly and without authority interferes with any property in a manner so as to29
endanger human life; or30
(2) Knowingly and without authority and by force or violence interferes with the31
operation of any system of public communication, public transportation, sewerage,32
drainage, water supply, gas, power, or other public utility service or with any constituent33
property thereof; or34
(3) Knowingly and without justification causes damage to a building by discharging a35
firearm while inside a vehicle or after immediately exiting a vehicle.36
(b) A person convicted of the offense of criminal damage to property in the first degree37
shall be punished by imprisonment for not less than one nor more than ten years. A second38
and subsequent violation of paragraph (3) of subsection (a) of this Code section shall be39
punished by imprisonment for not less than ten nor more than 20 years."40 23 LC 48 0849
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SECTION 3.
41
Said title is further amended in Code Section 16-11-160, relating to use of machine guns,42
sawed-off rifles, sawed-off shotguns, or firearms with silencers during the commission of43
certain offenses, and enhanced criminal penalties, by revising subparagraph (a)(1)(L) as44
follows:45
"(L) Participation in criminal gang activity as defined in Code Section 16-15-4 or
46
16-15-4.1."47
SECTION 4.48
Said title is further amended in Code Section 16-15-3, relating to definitions regarding street49
gang terrorism and prevention, by revising subparagraph (A) of paragraph (1) as follows:50
"(A) Any offense defined as racketeering activity by Code Section 16-14-3, or any51
offense defined in Code Section 16-15-4.1;"52
SECTION 5.53
Said title is further amended in Chapter 15, relating to street gang terrorism and prevention,54
by adding a new Code section to read as follows:55
"16-15-4.1.56
(a) As used in this Code section, the term:57
(1) 'Dwelling' shall have the same meaning as provided in Code Section 16-7-1.58
(2) 'Firearm' means any handgun, rifle, shotgun, or similar device or weapon which will59
or can be converted to expel a projectile by the action of an explosive or electrical charge.60
(b) A person commits the offense of drive-by shooting when he or she, while in a motor61
vehicle or close to the motor vehicle that was used to transport the shooter or the firearm,62
or both, with intent to injure another, or damage the property of another, discharges a63
firearm at or toward:64
(1) An occupied, or unoccupied, dwelling, building, or motor vehicle; or65 23 LC 48 0849
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(2) A person.66
(c) A person convicted of the offense of drive-by shooting shall be punished by67
imprisonment for not less than five nor more than 20 years.68
(d) A person convicted of the offense of drive-by shooting that results in serious bodily69
injury to another shall be punished by imprisonment for not less than ten years nor more70
than 20 years.71
(e) A person who knowingly commits the offense of drive-by shooting against a person72
under the age of 16 years shall be punished by imprisonment for not less than ten nor more73
than 20 years.74
(f) A person who knowingly commits the offense of drive-by shooting upon a public safety75
officer while he or she is engaged in, or on account of the performance of, his or her76
official duties shall, upon conviction thereof, be punished by imprisonment for not less than77
ten nor more than 20 years and shall be sentenced to a mandatory minimum term of78
imprisonment of ten years, and no portion of the mandatory minimum sentence imposed79
shall be suspended, stayed, probated, deferred, or withheld by the sentencing court;80
provided, however, that in the court's discretion, the court may depart from such mandatory81
minimum sentence when the prosecuting attorney and defendant have agreed to a sentence82
that is below such mandatory minimum."83
SECTION 6.84
All laws and parts of laws in conflict with this Act are repealed. 85