24 LC 39 4346
Senate Bill 587
By: Senators Bearden of the 30th and Brass of the 28th
A BILL TO BE ENTITLED
AN ACT
To amend Code Section 16-13-31 of the Official Code of Georgia Annotated, relating to
1
trafficking in cocaine, illegal drugs, marijuana, or methamphetamine and penalties, so as to2
provide for the offense of trafficking in fentanyl and fentanyl analog structural class; to3
provide for mandatory minimum penalties and for departure therefrom; to amend Code4
Section 4-8-27, Titles 16 and 17, Article 2 of Chapter 9 of Title 42, and Code5
Section 45-12-37 of the Official Code of Georgia Annotated, relating to certificates of6
registration for dog ownership, requirements for issuance of certificate, individuals excluded7
from receiving registration, limitation of ownership, and annual renewal, crimes and8
offenses, criminal procedure, grants of pardons, paroles, and other relief, and reward for9
information leading to arrest and conviction of person selling dangerous or narcotic drugs10
generally and rewards by counties and municipalities, respectively, so as to provide for11
conforming changes; to provide for related matters; to provide for an effective date; to repeal12
conflicting laws; and for other purposes.13
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:14
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SECTION 1.
15
Code Section 16-13-31 of the Official Code of Georgia Annotated, relating to trafficking in16
cocaine, illegal drugs, marijuana, or methamphetamine and penalties, is amended by adding17
a new subsection and revising paragraph (2) of subsection (g) as follows:18
"(b.1) Except as authorized by this article, any person who sells, manufactures, delivers,
19
brings into this state, or has possession of fentanyl or the fentanyl analog structural class20
or any mixture containing any such substance in violation of this article commits the felony21
offense of trafficking in fentanyl and, upon conviction thereof, shall be punished as22
follows:23
(1) If the quantity of such substances involved is less than one gram, the person shall be24
sentenced to a mandatory minimum term of imprisonment of five years and shall pay a25
fine of $100,000.00;26
(2) If the quantity of such substances involved is one gram or more, but less than27
28 grams, the person shall be sentenced to a mandatory minimum term of imprisonment28
of 15 years and shall pay a fine of $500,000.00; and29
(3) If the quantity of such substances involved is 28 grams or more, the person shall be30
sentenced to a mandatory minimum term of life imprisonment and shall pay a fine of31
$1 million."32
"(2)(A) In the court's discretion, the judge may depart from the mandatory minimum33
sentence specified for a person who is convicted of a violation of this Code section as34
set forth in subparagraph (B) of this paragraph if the judge concludes that:35
(i) The defendant was not a leader of the criminal conduct;36
(ii) The defendant did not possess or use a firearm, dangerous weapon, or hazardous37
object during the crime;38
(iii) The criminal conduct did not result in a death or serious bodily injury to a person39
other than to a person who is a party to the crime;40
(iv) The defendant has no prior felony conviction; and41
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(v) The interests of justice will not be served by the imposition of the prescribed
42
mandatory minimum sentence.43
(B) The sentencing departure ranges pursuant to subparagraph (A) of this paragraph44
shall be as follows:45
(i) Any person convicted of violating paragraph (1) of subsection (b.1) of this Code
46
section, imprisonment for not less than six months nor more than five years and a fine47
of not less than $25,000.00 nor more than $100,000.00; provided, however, that48
imprisonment for six months shall be limited to first offenses and include an order49
that such person obtain substance abuse treatment and services;50
(i)(ii) Any person convicted of violating paragraph (1) of subsection (b) or (d) of this51
Code section, imprisonment for not less than two years and six months to nor more52
than five years imprisonment and a fine of not less than $25,000.00 nor more than53
$50,000.00;54
(ii)(iii) Any person convicted of violating paragraph (1) of subsection (c) of this Code55
section, imprisonment for not less than two years and six months to nor more than56
five years imprisonment and a fine of not less than $50,000.00 nor more than57
$100,000.00;58
(iii)(iv) Any person convicted of violating paragraph (2) of subsection (c) of this59
Code section, imprisonment for not less than three years and six months to nor more60
than seven years imprisonment and a fine of not less than $125,000.00 nor more than61
$250,000.00;62
(iv)(v) Any person convicted of violating subparagraph (a)(1)(A), paragraph (2) of63
subsection (a), relating to the quantity of drugs specified in subparagraph (a)(1)(A)64
of this Code section, or paragraph (1) of subsection (e) or (f) of this Code section,65
imprisonment for not less than five to nor more than ten years imprisonment and a66
fine of not less than $100,000.00 nor more than $200,000.00;67
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(v)(vi) Any person convicted of violating paragraph (2) of subsection (b) of this Code68
section, imprisonment for not less than five to nor more than ten years imprisonment69
and a fine of not less than $50,000.00 nor more than $100,000.00;70
(vi)(vii) Any person convicted of violating subparagraph (a)(1)(B), paragraph (2) of71
subsection (a), relating to the quantity of drugs specified in subparagraph (a)(1)(B)72
of this Code section, or paragraph (2) of subsection (e) or (f) of this Code section,73
imprisonment for not less than seven years and six months to nor more than 15 years74
imprisonment and a fine of not less than $150,000.00 nor more than $300,000.00;75
(viii) Any person convicted of violating paragraph (2) of subsection (b.1) of this76
Code section, imprisonment for not less than seven nor more than 15 years and a fine77
of not less than $100,000.00 nor more than $500,000.00;78
(vii)(ix) Any person convicted of violating paragraph (3) of subsection (c) of this79
Code section, imprisonment for not less than seven years and six months to nor more80
than 15 years imprisonment and a fine of not less than $500,000.00 nor more than $181
million;82
(viii)(x) Any person convicted of violating paragraph (2) of subsection (d) of this83
Code section, imprisonment for not less than seven years and six months to nor more84
than 15 years imprisonment and a fine of not less than $125,000.00 nor more than85
$250,000.00;86
(ix)(xi) Any person convicted of violating paragraph (3) of subsection (b) of this87
Code section, imprisonment for not less than 12 years and six months to nor more88
than 25 years imprisonment and a fine of not less than $250,000.00 nor more than89
$500,000.00; and90
(x)(xii) Any person convicted of violating subparagraph (a)(1)(C), paragraph (2) of91
subsection (a), relating to the quantity of drugs specified in subparagraph (a)(1)(C)92
of this Code section, or paragraph (3) of subsection (e) or (f) of this Code section,93
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imprisonment for not less than 12 years and six months to nor more than 25 years94
imprisonment and a fine of not less than $500,000.00 nor more than $1 million; and95
(xiii) Any person convicted of violating paragraph (3) of subsection (b.1) of this96
Code section, imprisonment for not less than 15 years nor more than life and a fine97
of not less than $500,000.00 nor more than $1 million.98
(C) If a judge reduces the mandatory minimum sentence pursuant to this paragraph, the99
judge shall specify on the record the circumstances for the reduction and the interests100
served by such departure. Any such order shall be appealable by the State of Georgia101
pursuant to Code Section 5-7-1.102
(D) As used in this paragraph, the term:103
(i) 'Dangerous weapon' shall have the same meaning as set forth in Code104
Section 16-11-121.105
(ii) 'Firearm' shall have the same meaning as set forth in Code Section 16-11-127.1106
16-11-131.107
(iii) 'Hazardous object' shall have the same meaning as set forth in Code108
Section 20-2-751.109
(iv) 'Leader' means a person who planned and organized others and acted as a guiding110
force in order to achieve a common goal."111
SECTION 2.112
Code Section 4-8-27 of the Official Code of Georgia Annotated, relating to certificates of113
registration for dog ownership, requirements for issuance of certificate, individuals excluded114
from receiving registration, limitation of ownership, and annual renewal, is amended by115
revising paragraph (3) of subsection (f) as follows:116
"(3) A felony involving trafficking in cocaine, illegal drugs, marijuana,117
methamphetamine, or ecstasy as provided for in of substances in violation of Code118
Sections 16-13-31 and 16-13-31.1"119
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SECTION 3.
120
Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is121
amended in Code Section 16-11-106, relating to possession of firearm or knife during122
commission of or attempt to commit certain crimes, by revising paragraph (5) of123
subsection (b) as follows:124
"(5) Any crime involving the trafficking of cocaine, marijuana, or illegal drugs as
125
provided in substances in violation of Code Section 16-13-31,"126
SECTION 4.127
Said title is further amended in Code Section 16-11-133, relating to minimum periods of128
confinement for persons convicted who have prior convictions, by revising paragraph (5) of129
subsection (b) as follows:130
"(5) Any crime involving the trafficking of cocaine, marijuana, or illegal drugs as131
provided in substances in violation of Code Section 16-13-31,"132
SECTION 5.133
Said title is further amended in Code Section 16-11-160, relating to use of machine guns,134
sawed-off rifles, sawed-off shotguns, or firearms with silencers during commission of certain135
offenses and enhanced criminal penalties, by revising division (a)(2)(B)(iii) as follows:136
"(iii) Trafficking in cocaine, illegal drugs, marijuana, or methamphetamine as137
provided in of substances in violation of Code Section 16-13-31."138
SECTION 6.139
Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is140
amended in Code Section 17-6-1, relating to when offenses bailable, procedure, schedule of141
bails, and appeal bonds, by revising subsection (g) as follows:142
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"(g) No appeal bond shall be granted to any person who has been convicted of murder,
143
rape, aggravated sodomy, armed robbery, home invasion in any degree, aggravated child144
molestation, child molestation, kidnapping, trafficking in cocaine or marijuana
of145
substances in violation of Code Section 16-13-31, aggravated stalking, or aircraft hijacking146
and who has been sentenced to serve a period of incarceration of five years or more. The147
granting of an appeal bond to a person who has been convicted of any other felony offense148
or of any misdemeanor offense involving an act of family violence as defined in Code149
Section 19-13-1, or of any offense delineated as a high and aggravated misdemeanor or of150
any offense set forth in Code Section 40-6-391, shall be in the discretion of the convicting151
court. Appeal bonds shall terminate when the right of appeal terminates, and such bonds152
shall not be effective as to any petition for review or petition or application for writ of153
certiorari unless the court in which the petition for review or petition or application is filed154
so specifies."155
SECTION 7.156
Said title is further amended in Code Section 17-6-12, relating to unsecured judicial release,157
requirement, effect of failure of person charged to appear for trial, and consideration of158
criminal record, by revising division (a)(1)(B)(xiii) as follows:159
"(xiii) Trafficking in cocaine, illegal drugs, marijuana, or methamphetamine of160
substances in violation of Code Section 16-13-31;"161
SECTION 8.162
Said title is further amended in Code Section 17-10-9.1, relating to voluntary surrender to163
county jail or correctional institution and release of defendant, by revising paragraph (9) of164
subsection (a) as follows:165
"(9) Trafficking of substances in violation of Violating Code Section 16-13-31, relating166
to trafficking in cocaine or marijuana;"167
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SECTION 9.
168
Article 2 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to169
grants of pardons, paroles, and other relief, is amended in Code Section 42-9-42, relating to170
procedure for granting relief from sentence, conditions and prerequisites, public access to171
information, and violation of parole, by revising division (b)(1)(B)(xxix) as follows:172
"(xxix) Trafficking in cocaine, illegal drugs, marijuana, or methamphetamine
of173
substances in violation of Code Section 16-13-31;"174
SECTION 10.175
Said article is further amended in Code Section 42-9-60, relating to overcrowding of prison176
system as creating state of emergency, paroling inmates to reduce prison system population177
to capacity, and annual report of inmates paroled, by revising paragraph (2) of subsection (a)178
as follows:179
"(2) 'Dangerous offender' means a state prison inmate who is imprisoned for conviction180
of any one or more of the following crimes as defined by Title 16, the 'Criminal Code of181
Georgia': murder, voluntary manslaughter, kidnapping, armed robbery, rape, aircraft182
hijacking, aggravated sodomy, aggravated battery, aggravated assault, incest, child183
molestation, child abuse, or enticing a child for indecent purposes, or any felony184
punishable under violation of trafficking of substances in violation of Code185
Section 16-13-31, relating to prohibited acts regarding marijuana, cocaine, and illegal186
drugs. The term 'dangerous offender' shall also include an inmate who is incarcerated for187
a second or subsequent time for the commission of a crime for which the inmate could188
have been sentenced to life imprisonment."189
SECTION 11.190
Code Section 45-12-37 of the Official Code of Georgia Annotated, relating to reward for191
information leading to arrest and conviction of person selling dangerous or narcotic drugs192
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generally and rewards by counties and municipalities, is amended by revising subsection (b)
193
as follows:194
"(b) Any person, other than a law enforcement officer, who furnishes information leading195
to the arrest and conviction of a person who is charged with selling dangerous drugs in196
violation of Code Section 16-13-72 may receive a reward of up to $500.00. Any person,197
other than a law enforcement officer, who furnishes information leading to the arrest and198
conviction of a person who is charged with selling a controlled substance in violation of199
Code Section 16-13-30 or trafficking of substances in violation of Code Section
16-13-31,200
may receive a reward of $1,000.00."201
SECTION 12.202
This Act shall become effective upon its approval by the Governor or upon its becoming law203
without such approval.204
SECTION 13.205
All laws and parts of laws in conflict with this Act are repealed.206
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