23 LC 48 0882S
H. B. 509 (SUB)
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The House Committee on Juvenile Justice offers the following substitute to HB 509:
A BILL TO BE ENTITLED
AN ACT
To amend Code Section 16-7-1 of the Official Code of Georgia Annotated, relating to1
burglary, so as to include an act of family violence as an element of such offense; to provide2
for related 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 the Official Code of Georgia Annotated, relating to burglary, is6
amended 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 only including9
offenses between current and former spouses, current and former romantic partners, or10
family members therein, he or she enters or remains within an occupied, unoccupied, or11
vacant dwelling house of another or any building, vehicle, railroad car, watercraft, aircraft,12
or other such structure designed for use as the dwelling of another. A person who commits13
the offense of burglary in the first degree shall be guilty of a felony and, upon conviction14
thereof, shall be punished by imprisonment for not less than one nor more than 20 years.15
Upon the second conviction for burglary in the first degree, the defendant shall be guilty16 23 LC 48 0882S
H. B. 509 (SUB)
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of a felony and shall be punished by imprisonment for not less than two nor more than 2017
years. Upon the third and all subsequent convictions for burglary in the first degree, the18
defendant shall be guilty of a felony and shall be punished by imprisonment for not less19
than five nor more than 25 years.20
(c) A person commits the offense of burglary in the second degree when, without authority21
and with the intent to commit a felony or theft or an act of family violence only including22
offenses between current and former spouses, current and former romantic partners, or23
family members therein, he or she enters or remains within an occupied, unoccupied, or24
vacant building, structure, railroad car, watercraft, or aircraft. A person who commits the25
offense of burglary in the second degree shall be guilty of a felony and, upon conviction26
thereof, shall be punished by imprisonment for not less than one nor more than five years.27
Upon the second and all subsequent convictions for burglary in the second degree, the28
defendant shall be guilty of a felony and shall be punished by imprisonment for not less29
than one nor more than eight years."30
SECTION 2.31
All laws and parts of laws in conflict with this Act are repealed.32