23 LC 48 0860
H. B. 509
- 1 -
House Bill 509
By: Representatives Ballinger of the 23
rd
, Hilton of the 48
th
, Reeves of the 99
th
, Daniel of the
117
th
, Cheokas of the 151
st
, and others
A BILL TO BE ENTITLED
AN ACT
To amend Code Section 16-7-1 of Official Code of Georgia Annotated, relating to burglary,
1
so as to include an act of family violence as an element of such offense; to provide for related2
matters; to repeal conflicting laws; and for other purposes.3
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:4
SECTION 1.5
Code Section 16-7-1 of Official Code of Georgia Annotated, relating to burglary, is amended6
by revising subsections (b) and (c) as follows:7
"(b) A person commits the offense of burglary in the first degree when, without authority8
and with the intent to commit a felony or theft or an act of family violence
therein, he or9
she enters or remains within an occupied, unoccupied, or vacant dwelling house of another10
or any building, vehicle, railroad car, watercraft, aircraft, or other such structure designed11
for use as the dwelling of another. A person who commits the offense of burglary in the12
first degree shall be guilty of a felony and, upon conviction thereof, shall be punished by13
imprisonment for not less than one nor more than 20 years. Upon the second conviction14
for burglary in the first degree, the defendant shall be guilty of a felony and shall be15
punished by imprisonment for not less than two nor more than 20 years. Upon the third16 23 LC 48 0860
H. B. 509
- 2 -
and all subsequent convictions for burglary in the first degree, the defendant shall be guilty
17
of a felony and shall be punished by imprisonment for not less than five nor more than 2518
years.19
(c) A person commits the offense of burglary in the second degree when, without authority20
and with the intent to commit a felony or theft or an act of family violence
therein, he or21
she enters or remains within an occupied, unoccupied, or vacant building, structure,22
railroad car, watercraft, or aircraft. A person who commits the offense of burglary in the23
second degree shall be guilty of a felony and, upon conviction thereof, shall be punished24
by imprisonment for not less than one nor more than five years. Upon the second and all25
subsequent convictions for burglary in the second degree, the defendant shall be guilty of26
a felony and shall be punished by imprisonment for not less than one nor more than eight27
years."28
SECTION 2.29
All laws and parts of laws in conflict with this Act are repealed.30