| 10 | 6 | | offenses, so as to provide for the felony offense of aggravated involuntary manslaughter; to2 |
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| 11 | 7 | | provide for definitions; to provide for elements of the offense; to provide for penalties; to3 |
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| 12 | 8 | | prohibit merger; to provide for an exception; to provide for burden of proof; to provide a4 |
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| 13 | 9 | | short title; to provide for the offense of unlawfully possessing a pill press, tableting machine,5 |
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| 14 | 10 | | an encapsulating machine, or other controlled substance counterfeiting materials; to provide6 |
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| 15 | 11 | | for exceptions; to provide for violation and penalties; to provide for definitions; to provide7 |
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| 16 | 12 | | for related matters; to provide for an effective date and applicability; to repeal conflicting8 |
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| 17 | 13 | | laws; and for other purposes.9 |
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| 18 | 14 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:10 |
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| 19 | 15 | | SECTION 1.11 |
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| 20 | 16 | | This Act shall be known and may be cited as "Austin's Law."12 |
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| 21 | 17 | | SECTION 2.13 |
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| 30 | 24 | | (a) As used in this Code section, the term:18 |
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| 31 | 25 | | (1) 'Controlled substance' shall have the same meaning as set forth in Code Section19 |
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| 32 | 26 | | 16-13-21 but shall not include marijuana as defined by such Code section.20 |
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| 33 | 27 | | (2) 'Fentanyl' means any substance included under paragraph (13) of Code Section21 |
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| 34 | 28 | | 16-13-25 or subparagraph (F) of paragraph (2) of Code Section 16-13-26.22 |
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| 35 | 29 | | (3) 'Fentanyl overdose death' shall mean a death for which the toxic effect of fentanyl23 |
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| 36 | 30 | | was either the sole cause of death or contributed to the cause of death of the human being.24 |
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| 37 | 31 | | (4) 'Selling' means to deliver goods for something of value and shall include distributing25 |
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| 38 | 32 | | such goods with an agreement, express or implied, to be compensated with money at a26 |
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| 39 | 33 | | later date.27 |
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| 40 | 34 | | (b) A person commits the offense of aggravated involuntary manslaughter when he or she28 |
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| 41 | 35 | | causes the fentanyl overdose death of another human being, without the intent to cause the29 |
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| 42 | 36 | | death of said human being, by intentionally manufacturing or selling any substance that30 |
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| 43 | 37 | | contains fentanyl, after representing that such substance was any controlled substance.31 |
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| 44 | 38 | | (c) A person who commits the offense of aggravated involuntary manslaughter shall be32 |
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| 45 | 39 | | guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for a33 |
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| 46 | 40 | | term of not less than 10 years nor more than 30 years or life imprisonment.34 |
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| 47 | 41 | | (d) The offense of aggravated involuntary manslaughter shall be considered a separate35 |
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| 48 | 42 | | offense and shall not merge with any other offense.36 |
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| 49 | 43 | | (e) This Code section shall not apply to any manufacturing or selling of a controlled37 |
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| 50 | 44 | | substance that is authorized in Article 2 of Chapter 13 of Title 16, the 'Georgia Controlled38 |
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| 51 | 45 | | Substances Act.'39 |
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| 53 | 47 | | - 2 - 24 LC 48 1288S |
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| 54 | 48 | | (f) For purposes of any criminal prosecution of violations of this Code section, the40 |
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| 55 | 49 | | defendant's knowledge of the chemical identity of the substance manufactured or sold shall41 |
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| 56 | 50 | | not be an essential element of the offense, and the state shall not have the burden of42 |
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| 57 | 51 | | proving that a defendant knew the chemical identity of such substance in order to be43 |
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| 58 | 52 | | convicted of an offense under this Code section."44 |
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| 59 | 53 | | SECTION 3.45 |
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| 60 | 54 | | Said title is further amended by adding a new Code section to Article 2 of Chapter 13, 46 |
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| 61 | 55 | | relating to regulation of controlled substances, to read as follows:47 |
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| 62 | 56 | | "16-13-30.7.48 |
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| 63 | 57 | | (a) As used in this Code section, the term:49 |
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| 64 | 58 | | (1) 'Controlled substance' has the same meaning as provided in Code Section 16-13-21.50 |
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| 65 | 59 | | (2) 'Controlled substance counterfeiting material' means a punch, die, plate, stone, or51 |
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| 66 | 60 | | other item designed to print, imprint, or reproduce the trademark, trade name, or other52 |
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| 67 | 61 | | identifying mark, imprint, or device of another or any likeness of any of the foregoing53 |
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| 68 | 62 | | upon a drug or container or the labeling thereof so as to render such drug a counterfeit54 |
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| 69 | 63 | | substance.55 |
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| 70 | 64 | | (3) 'Counterfeit substance' has the same meaning as provided in Code Section 16-13-21.56 |
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| 71 | 65 | | (4) 'Encapsulating machine' means manual, semiautomatic, or fully automatic equipment57 |
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| 72 | 66 | | that may be used to fill shells or capsules with powdered or granular solids or semisolid58 |
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| 73 | 67 | | material to produce coherent solid tablets.59 |
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| 74 | 68 | | (5) 'Pill press' means a mechanical device that compresses powder substances into tablets60 |
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| 75 | 69 | | by running such powder substance through a machine fitted with a die mold that61 |
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| 76 | 70 | | determines the shape and markings on such tablets.62 |
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| 77 | 71 | | (6) 'Regulated person' means a person or entity described in paragraph (22), (28), (29),63 |
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| 78 | 72 | | (30), (33), or (41) of Code Section 26-4-5.64 |
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| 80 | 74 | | - 3 - 24 LC 48 1288S |
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| 81 | 75 | | (7) 'Tableting machine' means manual, semiautomatic, or fully automatic equipment that65 |
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| 82 | 76 | | may be used to compact or mold powdered or granular solids or semisolid material to66 |
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| 83 | 77 | | produce coherent solid tablets.67 |
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| 84 | 78 | | (b) It shall be unlawful for any person other than a regulated person to possess, purchase,68 |
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| 85 | 79 | | deliver, sell, or possess with intent to sell or deliver a pill press or tableting machine, an69 |
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| 86 | 80 | | encapsulating machine, or other controlled substance counterfeiting materials knowing,70 |
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| 87 | 81 | | intending, or having reasonable cause to believe that such items or materials will be used71 |
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| 88 | 82 | | to manufacture a controlled substance or counterfeit substance.72 |
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| 89 | 83 | | (c) Except as provided in subsection (b) of this Code section, a person who violates this73 |
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| 90 | 84 | | Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by74 |
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| 91 | 85 | | imprisonment for not less than one year nor more than ten years."75 |
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| 92 | 86 | | SECTION 4.76 |
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| 93 | 87 | | This Act shall become effective upon its approval by the Governor or upon its becoming law77 |
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| 94 | 88 | | without such approval and shall apply to offenses committed on or after such date.78 |
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| 95 | 89 | | SECTION 5.79 |
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| 96 | 90 | | All laws and parts of laws in conflict with this Act are repealed.80 |
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