23 LC 48 0909S
H. B. 446 (SUB)
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The House Committee on Judiciary Non-Civil offers the following substitute to HB 446:
A BILL TO BE ENTITLED
AN ACT
To amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and1
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 subsection (a)9
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 0909S
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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, an18
occupied motor vehicle, or persons occupied building."19
SECTION 2.20
Said title is further amended by revising Code Section 16-7-22, relating to criminal damage21
to property in the first degree, as follows:22
"16-7-22.23
(a) A person commits the offense of criminal damage to property in the first degree when24
he or she:25
(1) Knowingly and without authority interferes with any property in a manner so as to26
endanger human life; or27
(2) Knowingly and without authority and by force or violence interferes with the28
operation of any system of public communication, public transportation, sewerage,29
drainage, water supply, gas, power, or other public utility service or with any constituent30
property thereof; or31
(3) Knowingly and without justification causes damage to a building by discharging a32
firearm while inside a vehicle or after immediately exiting a vehicle.33
(b) A person convicted of the offense of criminal damage to property in the first degree34
shall be punished by imprisonment for not less than one nor more than ten years. A second35
and subsequent violation of paragraph (3) of subsection (a) of this Code section shall be36
punished by imprisonment for not less than five nor more than 20 years."37
SECTION 3.38
Said title is further amended in Code Section 16-15-3, relating to definitions regarding street39
gang terrorism and prevention, by revising subparagraph (A) of paragraph (1) as follows:40 23 LC 48 0909S
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"(A) Any offense defined as racketeering activity by Code Section 16-14-3, or any41
offense defined in Code Section 16-15-4.1;"42
SECTION 4.43
Said title is further amended in Chapter 15, relating to street gang terrorism and prevention,44
by adding a new Code section to read as follows:45
"16-15-4.1.46
(a) As used in this Code section, the term:47
(1) 'Dwelling' shall have the same meaning as provided in Code Section 16-7-1.48
(2) 'Firearm' means any handgun, rifle, shotgun, or similar device or weapon which will49
or can be converted to expel a projectile by the action of an explosive or electrical charge.50
(b) A person commits the offense of drive-by shooting when he or she, while in a motor51
vehicle or close to the motor vehicle that was used to transport the shooter or the firearm,52
or both, with intent to injure another, or damage the property of another, discharges a53
firearm at or toward:54
(1) An occupied, or unoccupied, dwelling, building, or motor vehicle; or55
(2) A person.56
(c) A person convicted of the offense of drive-by shooting shall be punished by57
imprisonment for not less than five nor more than 20 years.58
(d) A person convicted of the offense of drive-by shooting that results in serious bodily59
injury to another shall be punished by imprisonment for not less than five years nor more60
than 20 years.61
(e) A person who knowingly commits the offense of drive-by shooting against a person62
under the age of 16 years shall be punished by imprisonment for not less than five nor more63
than 20 years."64 23 LC 48 0909S
H. B. 446 (SUB)
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SECTION 5.65
All laws and parts of laws in conflict with this Act are repealed. 66