24 LC 49 1749
Senate Bill 465
By: Senators Goodman of the 8th, Hatchett of the 50th, Tillery of the 19th, Walker III of the
20th, Anderson of the 24th and others
A BILL TO BE ENTITLED
AN ACT
To amend Article 1 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated,
1
relating to homicide, so as to provide for the felony offense of aggravated involuntary2
manslaughter; to provide for definitions; to provide for elements of the offense; to provide3
for penalties; to prohibit the sentencing court from suspending, probating, deferring, or4
withholding any portion of the mandatory minimum term of imprisonment; to prohibit5
merger; to provide for an exception; to provide for burden of proof; to provide for related6
matters; to provide for an effective date and applicability; to repeal conflicting laws; and for7
other purposes.8
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:9
SECTION 1.10
Article 1 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to11
homicide, is amended by adding a new Code section to read as follows:12
"16-5-3.1.
13
(a) As used in this Code section, the term:14
(1) 'Controlled substance' shall have the same meaning as set forth in Code Section15
16-13-21.16
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(2) 'Counterfeit substance' shall have the same meaning as set forth in Code Section17
16-13-21.18
(3) 'Imitation controlled substance' shall have the same meaning as set forth in Code19
Section 16-13-21.20
(b) A person commits the offense of aggravated involuntary manslaughter when he or she21
causes the death of another human being, without any intention do so, by manufacturing,22
delivering, distributing, or selling any controlled substance, counterfeit substance, or23
imitation controlled substance.24
(c) A person who commits the offense of aggravated involuntary manslaughter shall be25
guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for a26
mandatory minimum term of not less than 10 years nor more than 30 years or life27
imprisonment, and no portion of the mandatory minimum sentence shall be suspended,28
probated, deferred, or withheld by the sentencing court.29
(d) The offense of aggravated involuntary manslaughter shall be considered a separate30
offense and shall not merge with any other offense.31
(e) This Code section shall not apply to any manufacturing, delivering, distributing, or32
selling of a controlled substance that is authorized in Article 2 of Chapter 13 of Title 16,33
the "Georgia Controlled Substances Act."34
(f) For purposes of any criminal prosecution of violations of this Code section, the35
defendant's knowledge of the chemical identity of a controlled substance, counterfeit36
substance, or imitation controlled substance shall not be an essential element of the offense,37
and the state shall not have the burden of proving that a defendant knew the chemical38
identity of the controlled substance, counterfeit substance, or imitation controlled substance39
in order to be convicted of an offense under this Code section."40
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SECTION 2.
41
This Act shall become effective upon its approval by the Governor or upon its becoming law42
without such approval and shall apply to offenses committed on or after such date.43
SECTION 3.44
All laws and parts of laws in conflict with this Act are repealed.45
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