Georgia 2023-2024 Regular Session

Georgia House Bill HB446 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	24 LC 55 0268S
	1	+	23 LC 48 0909S
	2	+	H. B. 446 (SUB)
	3	+	- 1 -
	4	+
2	5		The House Committee on Judiciary Non-Civil offers the following substitute to HB 446:
3	6		A BILL TO BE ENTITLED
4	7		AN ACT
5	8		To amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and1
6	9		offenses, so as to provide for the offense of drive-by shooting; to modify the offense of2
7	10		aggravated assault; to provide for enhanced criminal penalties in certain circumstances; to3
8	11		provide for definitions; to provide for penalties; to provide for related matters; to repeal4
9	12		conflicting laws; and for other purposes.5
10	13		BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6
11	14		SECTION 1.7
12	15		Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is8
13	16		amended in Code Section 16-5-21, relating to aggravated assault, by revising subsection (a)9
14	17		as follows:10
15	18		"(a) A person commits the offense of aggravated assault when he or she assaults:11
16	19		(1) With intent to murder, to rape, or to rob;12
17	20		(2) With a deadly weapon or with any object, device, or instrument which, when used13
18	21		offensively against a person, is likely to or actually does result in serious bodily injury;14
19	22		(3) With any object, device, or instrument which, when used offensively against a15
20		-	person, is likely to or actually does result in strangulation; or16
	23	+	person, is likely to or actually does result in strangulation; or16 23 LC 48 0909S
21	24		H. B. 446 (SUB)
22		-	- ~~1 - 24 LC 55 0268S~~
	25	+	- 2 -
23	26		(4) A person or persons without Without legal justification by discharging a firearm from17
24	27		within a motor vehicle or after immediately exiting a vehicle toward a person, an18
25	28		occupied motor vehicle, or persons occupied building."19
26	29		SECTION 2.20
27		-	Said title is further amended in Code Section 16-7-22, relating to criminal damage to21
28		-	property in the first degree, by revising subsection (b) as follows:22
29		-	"(b) A person commits the offense of criminal damage to property in the first degree when23
30		-	he or she:24
31		-	(1) Knowingly and without authority interferes with any property in a manner so as to25
32		-	endanger human life; or26
33		-	(2) Knowingly and without authority and by either force or violence or by electronic27
34		-	means interferes with the proper operation of any critical infrastructure or any vital public28
35		-	service; or29
36		-	(3) Knowingly and without justification causes damage to a building by discharging a30
37		-	firearm while inside a vehicle or after immediately exiting a vehicle."31
38		-	SECTION 3.32
39		-	Said title is further amended in Code Section 16-15-3, relating to definitions regarding street33
40		-	gang terrorism and prevention, by revising subparagraph (A) of paragraph (1) as follows:34
41		-	"(A) Any offense defined as racketeering activity by Code Section 16-14-3, or any35
42		-	offense defined in Code Section 16-15-4.1;"36
43		-	SECTION 4.37
44		-	Said title is further amended in Chapter 15, relating to street gang terrorism and prevention,38
45		-	by adding a new Code section to read as follows:39
46		-	"16-15-4.1.40
47		-	H. B. 446 (SUB)
48		-	- 2 - 24 LC 55 0268S
49		-	(a) As used in this Code section, the term:41
50		-	(1) 'Dwelling' shall have the same meaning as provided in Code Section 16-7-1.42
51		-	(2) 'Firearm' means any handgun, rifle, shotgun, or similar device or weapon which will43
52		-	or can be converted to expel a projectile by the action of an explosive or electrical charge.44
53		-	(b) A person commits the offense of drive-by shooting when he or she, while in a motor45
54		-	vehicle or close to the motor vehicle that was used to transport the shooter or the firearm,46
55		-	or both, with intent to injure another, or damage the property of another, discharges a47
56		-	firearm at or toward:48
57		-	(1) An occupied dwelling, building, or motor vehicle;49
58		-	(2) A dwelling, building, or motor vehicle such person knew or should have known to50
59		-	be occupied; or51
60		-	(3) A person.52
61		-	(c) A person convicted of the offense of drive-by shooting shall be punished by53
62		-	imprisonment for not less than five nor more than 20 years."54
63		-	SECTION 5.55
64		-	All laws and parts of laws in conflict with this Act are repealed. 56
	30	+	Said title is further amended by revising Code Section 16-7-22, relating to criminal damage21
	31	+	to property in the first degree, as follows:22
	32	+	"16-7-22.23
	33	+	(a) A person commits the offense of criminal damage to property in the first degree when24
	34	+	he or she:25
	35	+	(1) Knowingly and without authority interferes with any property in a manner so as to26
	36	+	endanger human life; or27
	37	+	(2) Knowingly and without authority and by force or violence interferes with the28
	38	+	operation of any system of public communication, public transportation, sewerage,29
	39	+	drainage, water supply, gas, power, or other public utility service or with any constituent30
	40	+	property thereof; or31
	41	+	(3) Knowingly and without justification causes damage to a building by discharging a32
	42	+	firearm while inside a vehicle or after immediately exiting a vehicle.33
	43	+	(b) A person convicted of the offense of criminal damage to property in the first degree34
	44	+	shall be punished by imprisonment for not less than one nor more than ten years. A second35
	45	+	and subsequent violation of paragraph (3) of subsection (a) of this Code section shall be36
	46	+	punished by imprisonment for not less than five nor more than 20 years."37
	47	+	SECTION 3.38
	48	+	Said title is further amended in Code Section 16-15-3, relating to definitions regarding street39
	49	+	gang terrorism and prevention, by revising subparagraph (A) of paragraph (1) as follows:40 23 LC 48 0909S
65	50		H. B. 446 (SUB)
66	51		- 3 -
	52	+	"(A) Any offense defined as racketeering activity by Code Section 16-14-3, or any41
	53	+	offense defined in Code Section 16-15-4.1;"42
	54	+	SECTION 4.43
	55	+	Said title is further amended in Chapter 15, relating to street gang terrorism and prevention,44
	56	+	by adding a new Code section to read as follows:45
	57	+	"16-15-4.1.46
	58	+	(a) As used in this Code section, the term:47
	59	+	(1) 'Dwelling' shall have the same meaning as provided in Code Section 16-7-1.48
	60	+	(2) 'Firearm' means any handgun, rifle, shotgun, or similar device or weapon which will49
	61	+	or can be converted to expel a projectile by the action of an explosive or electrical charge.50
	62	+	(b) A person commits the offense of drive-by shooting when he or she, while in a motor51
	63	+	vehicle or close to the motor vehicle that was used to transport the shooter or the firearm,52
	64	+	or both, with intent to injure another, or damage the property of another, discharges a53
	65	+	firearm at or toward:54
	66	+	(1) An occupied, or unoccupied, dwelling, building, or motor vehicle; or55
	67	+	(2) A person.56
	68	+	(c) A person convicted of the offense of drive-by shooting shall be punished by57
	69	+	imprisonment for not less than five nor more than 20 years.58
	70	+	(d) A person convicted of the offense of drive-by shooting that results in serious bodily59
	71	+	injury to another shall be punished by imprisonment for not less than five years nor more60
	72	+	than 20 years.61
	73	+	(e) A person who knowingly commits the offense of drive-by shooting against a person62
	74	+	under the age of 16 years shall be punished by imprisonment for not less than five nor more63
	75	+	than 20 years."64 23 LC 48 0909S
	76	+	H. B. 446 (SUB)
	77	+	- 4 -
	78	+	SECTION 5.65
	79	+	All laws and parts of laws in conflict with this Act are repealed. 66