24 LC 49 1824S
The Senate Committee on the Judiciary offered the following
substitute to SB 465:
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 merger; to provide for an exception; to provide for burden of proof;4
to provide a short title; to provide for related matters; to provide for an effective date and5
applicability; to repeal conflicting laws; and for other purposes.6
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7
SECTION 1.8
This Act shall be known and may be cited as "Austin's Law."9
SECTION 2.10
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 the intent to cause the death of said22
human being, by intentionally manufacturing, delivering, distributing, or selling any23
substance that is, in fact, a controlled substance, counterfeit substance, or imitation24
controlled substance.25
(c) A person who commits the offense of aggravated involuntary manslaughter shall be26
guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for a27
term of not less than 10 years nor more than 30 years or life imprisonment.28
(d) The offense of aggravated involuntary manslaughter shall be considered a separate29
offense and shall not merge with any other offense.30
(e) This Code section shall not apply to any manufacturing, delivering, distributing, or31
selling of a controlled substance that is authorized in Article 2 of Chapter 13 of Title 16,32
the "Georgia Controlled Substances Act."33
(f) For purposes of any criminal prosecution of violations of this Code section, the34
defendant's knowledge of the chemical identity of a controlled substance, counterfeit35
substance, or imitation controlled substance shall not be an essential element of the offense,36
and the state shall not have the burden of proving that a defendant knew the chemical37
identity of the controlled substance, counterfeit substance, or imitation controlled substance38
in order to be convicted of an offense under this Code section."39
SECTION 3.40
This Act shall become effective upon its approval by the Governor or upon its becoming law41
without such approval and shall apply to offenses committed on or after such date.42
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SECTION 4.43
All laws and parts of laws in conflict with this Act are repealed.44
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