| 1 | 1 | | 24 LC 39 4346 |
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| 2 | 2 | | Senate Bill 587 |
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| 3 | 3 | | By: Senators Bearden of the 30th and Brass of the 28th |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | To amend Code Section 16-13-31 of the Official Code of Georgia Annotated, relating to |
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| 7 | 7 | | 1 |
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| 8 | 8 | | trafficking in cocaine, illegal drugs, marijuana, or methamphetamine and penalties, so as to2 |
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| 9 | 9 | | provide for the offense of trafficking in fentanyl and fentanyl analog structural class; to3 |
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| 10 | 10 | | provide for mandatory minimum penalties and for departure therefrom; to amend Code4 |
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| 11 | 11 | | Section 4-8-27, Titles 16 and 17, Article 2 of Chapter 9 of Title 42, and Code5 |
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| 12 | 12 | | Section 45-12-37 of the Official Code of Georgia Annotated, relating to certificates of6 |
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| 13 | 13 | | registration for dog ownership, requirements for issuance of certificate, individuals excluded7 |
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| 14 | 14 | | from receiving registration, limitation of ownership, and annual renewal, crimes and8 |
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| 15 | 15 | | offenses, criminal procedure, grants of pardons, paroles, and other relief, and reward for9 |
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| 16 | 16 | | information leading to arrest and conviction of person selling dangerous or narcotic drugs10 |
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| 17 | 17 | | generally and rewards by counties and municipalities, respectively, so as to provide for11 |
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| 18 | 18 | | conforming changes; to provide for related matters; to provide for an effective date; to repeal12 |
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| 19 | 19 | | conflicting laws; and for other purposes.13 |
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| 20 | 20 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:14 |
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| 21 | 21 | | S. B. 587 |
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| 22 | 22 | | - 1 - 24 LC 39 4346 |
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| 23 | 23 | | SECTION 1. |
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| 24 | 24 | | 15 |
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| 25 | 25 | | Code Section 16-13-31 of the Official Code of Georgia Annotated, relating to trafficking in16 |
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| 26 | 26 | | cocaine, illegal drugs, marijuana, or methamphetamine and penalties, is amended by adding17 |
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| 27 | 27 | | a new subsection and revising paragraph (2) of subsection (g) as follows:18 |
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| 28 | 28 | | "(b.1) Except as authorized by this article, any person who sells, manufactures, delivers, |
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| 29 | 29 | | 19 |
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| 30 | 30 | | brings into this state, or has possession of fentanyl or the fentanyl analog structural class20 |
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| 31 | 31 | | or any mixture containing any such substance in violation of this article commits the felony21 |
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| 32 | 32 | | offense of trafficking in fentanyl and, upon conviction thereof, shall be punished as22 |
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| 33 | 33 | | follows:23 |
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| 34 | 34 | | (1) If the quantity of such substances involved is less than one gram, the person shall be24 |
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| 35 | 35 | | sentenced to a mandatory minimum term of imprisonment of five years and shall pay a25 |
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| 36 | 36 | | fine of $100,000.00;26 |
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| 37 | 37 | | (2) If the quantity of such substances involved is one gram or more, but less than27 |
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| 38 | 38 | | 28 grams, the person shall be sentenced to a mandatory minimum term of imprisonment28 |
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| 39 | 39 | | of 15 years and shall pay a fine of $500,000.00; and29 |
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| 40 | 40 | | (3) If the quantity of such substances involved is 28 grams or more, the person shall be30 |
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| 41 | 41 | | sentenced to a mandatory minimum term of life imprisonment and shall pay a fine of31 |
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| 42 | 42 | | $1 million."32 |
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| 43 | 43 | | "(2)(A) In the court's discretion, the judge may depart from the mandatory minimum33 |
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| 44 | 44 | | sentence specified for a person who is convicted of a violation of this Code section as34 |
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| 45 | 45 | | set forth in subparagraph (B) of this paragraph if the judge concludes that:35 |
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| 46 | 46 | | (i) The defendant was not a leader of the criminal conduct;36 |
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| 47 | 47 | | (ii) The defendant did not possess or use a firearm, dangerous weapon, or hazardous37 |
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| 48 | 48 | | object during the crime;38 |
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| 49 | 49 | | (iii) The criminal conduct did not result in a death or serious bodily injury to a person39 |
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| 50 | 50 | | other than to a person who is a party to the crime;40 |
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| 51 | 51 | | (iv) The defendant has no prior felony conviction; and41 |
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| 52 | 52 | | S. B. 587 |
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| 53 | 53 | | - 2 - 24 LC 39 4346 |
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| 54 | 54 | | (v) The interests of justice will not be served by the imposition of the prescribed |
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| 55 | 55 | | 42 |
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| 56 | 56 | | mandatory minimum sentence.43 |
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| 57 | 57 | | (B) The sentencing departure ranges pursuant to subparagraph (A) of this paragraph44 |
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| 58 | 58 | | shall be as follows:45 |
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| 59 | 59 | | (i) Any person convicted of violating paragraph (1) of subsection (b.1) of this Code |
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| 60 | 60 | | 46 |
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| 61 | 61 | | section, imprisonment for not less than six months nor more than five years and a fine47 |
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| 62 | 62 | | of not less than $25,000.00 nor more than $100,000.00; provided, however, that48 |
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| 63 | 63 | | imprisonment for six months shall be limited to first offenses and include an order49 |
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| 64 | 64 | | that such person obtain substance abuse treatment and services;50 |
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| 65 | 65 | | (i)(ii) Any person convicted of violating paragraph (1) of subsection (b) or (d) of this51 |
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| 66 | 66 | | Code section, imprisonment for not less than two years and six months to nor more52 |
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| 67 | 67 | | than five years imprisonment and a fine of not less than $25,000.00 nor more than53 |
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| 68 | 68 | | $50,000.00;54 |
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| 69 | 69 | | (ii)(iii) Any person convicted of violating paragraph (1) of subsection (c) of this Code55 |
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| 70 | 70 | | section, imprisonment for not less than two years and six months to nor more than56 |
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| 71 | 71 | | five years imprisonment and a fine of not less than $50,000.00 nor more than57 |
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| 72 | 72 | | $100,000.00;58 |
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| 73 | 73 | | (iii)(iv) Any person convicted of violating paragraph (2) of subsection (c) of this59 |
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| 74 | 74 | | Code section, imprisonment for not less than three years and six months to nor more60 |
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| 75 | 75 | | than seven years imprisonment and a fine of not less than $125,000.00 nor more than61 |
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| 76 | 76 | | $250,000.00;62 |
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| 77 | 77 | | (iv)(v) Any person convicted of violating subparagraph (a)(1)(A), paragraph (2) of63 |
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| 78 | 78 | | subsection (a), relating to the quantity of drugs specified in subparagraph (a)(1)(A)64 |
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| 79 | 79 | | of this Code section, or paragraph (1) of subsection (e) or (f) of this Code section,65 |
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| 80 | 80 | | imprisonment for not less than five to nor more than ten years imprisonment and a66 |
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| 81 | 81 | | fine of not less than $100,000.00 nor more than $200,000.00;67 |
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| 82 | 82 | | S. B. 587 |
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| 83 | 83 | | - 3 - 24 LC 39 4346 |
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| 84 | 84 | | (v)(vi) Any person convicted of violating paragraph (2) of subsection (b) of this Code68 |
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| 85 | 85 | | section, imprisonment for not less than five to nor more than ten years imprisonment69 |
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| 86 | 86 | | and a fine of not less than $50,000.00 nor more than $100,000.00;70 |
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| 87 | 87 | | (vi)(vii) Any person convicted of violating subparagraph (a)(1)(B), paragraph (2) of71 |
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| 88 | 88 | | subsection (a), relating to the quantity of drugs specified in subparagraph (a)(1)(B)72 |
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| 89 | 89 | | of this Code section, or paragraph (2) of subsection (e) or (f) of this Code section,73 |
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| 90 | 90 | | imprisonment for not less than seven years and six months to nor more than 15 years74 |
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| 91 | 91 | | imprisonment and a fine of not less than $150,000.00 nor more than $300,000.00;75 |
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| 92 | 92 | | (viii) Any person convicted of violating paragraph (2) of subsection (b.1) of this76 |
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| 93 | 93 | | Code section, imprisonment for not less than seven nor more than 15 years and a fine77 |
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| 94 | 94 | | of not less than $100,000.00 nor more than $500,000.00;78 |
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| 95 | 95 | | (vii)(ix) Any person convicted of violating paragraph (3) of subsection (c) of this79 |
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| 96 | 96 | | Code section, imprisonment for not less than seven years and six months to nor more80 |
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| 97 | 97 | | than 15 years imprisonment and a fine of not less than $500,000.00 nor more than $181 |
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| 98 | 98 | | million;82 |
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| 99 | 99 | | (viii)(x) Any person convicted of violating paragraph (2) of subsection (d) of this83 |
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| 100 | 100 | | Code section, imprisonment for not less than seven years and six months to nor more84 |
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| 101 | 101 | | than 15 years imprisonment and a fine of not less than $125,000.00 nor more than85 |
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| 102 | 102 | | $250,000.00;86 |
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| 103 | 103 | | (ix)(xi) Any person convicted of violating paragraph (3) of subsection (b) of this87 |
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| 104 | 104 | | Code section, imprisonment for not less than 12 years and six months to nor more88 |
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| 105 | 105 | | than 25 years imprisonment and a fine of not less than $250,000.00 nor more than89 |
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| 106 | 106 | | $500,000.00; and90 |
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| 107 | 107 | | (x)(xii) Any person convicted of violating subparagraph (a)(1)(C), paragraph (2) of91 |
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| 108 | 108 | | subsection (a), relating to the quantity of drugs specified in subparagraph (a)(1)(C)92 |
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| 109 | 109 | | of this Code section, or paragraph (3) of subsection (e) or (f) of this Code section,93 |
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| 110 | 110 | | S. B. 587 |
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| 111 | 111 | | - 4 - 24 LC 39 4346 |
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| 112 | 112 | | imprisonment for not less than 12 years and six months to nor more than 25 years94 |
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| 113 | 113 | | imprisonment and a fine of not less than $500,000.00 nor more than $1 million; and95 |
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| 114 | 114 | | (xiii) Any person convicted of violating paragraph (3) of subsection (b.1) of this96 |
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| 115 | 115 | | Code section, imprisonment for not less than 15 years nor more than life and a fine97 |
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| 116 | 116 | | of not less than $500,000.00 nor more than $1 million.98 |
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| 117 | 117 | | (C) If a judge reduces the mandatory minimum sentence pursuant to this paragraph, the99 |
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| 118 | 118 | | judge shall specify on the record the circumstances for the reduction and the interests100 |
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| 119 | 119 | | served by such departure. Any such order shall be appealable by the State of Georgia101 |
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| 120 | 120 | | pursuant to Code Section 5-7-1.102 |
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| 121 | 121 | | (D) As used in this paragraph, the term:103 |
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| 122 | 122 | | (i) 'Dangerous weapon' shall have the same meaning as set forth in Code104 |
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| 123 | 123 | | Section 16-11-121.105 |
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| 124 | 124 | | (ii) 'Firearm' shall have the same meaning as set forth in Code Section 16-11-127.1106 |
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| 125 | 125 | | 16-11-131.107 |
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| 126 | 126 | | (iii) 'Hazardous object' shall have the same meaning as set forth in Code108 |
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| 127 | 127 | | Section 20-2-751.109 |
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| 128 | 128 | | (iv) 'Leader' means a person who planned and organized others and acted as a guiding110 |
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| 129 | 129 | | force in order to achieve a common goal."111 |
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| 130 | 130 | | SECTION 2.112 |
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| 131 | 131 | | Code Section 4-8-27 of the Official Code of Georgia Annotated, relating to certificates of113 |
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| 132 | 132 | | registration for dog ownership, requirements for issuance of certificate, individuals excluded114 |
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| 133 | 133 | | from receiving registration, limitation of ownership, and annual renewal, is amended by115 |
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| 134 | 134 | | revising paragraph (3) of subsection (f) as follows:116 |
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| 135 | 135 | | "(3) A felony involving trafficking in cocaine, illegal drugs, marijuana,117 |
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| 136 | 136 | | methamphetamine, or ecstasy as provided for in of substances in violation of Code118 |
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| 137 | 137 | | Sections 16-13-31 and 16-13-31.1"119 |
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| 138 | 138 | | S. B. 587 |
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| 139 | 139 | | - 5 - 24 LC 39 4346 |
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| 140 | 140 | | SECTION 3. |
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| 141 | 141 | | 120 |
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| 142 | 142 | | Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is121 |
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| 143 | 143 | | amended in Code Section 16-11-106, relating to possession of firearm or knife during122 |
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| 144 | 144 | | commission of or attempt to commit certain crimes, by revising paragraph (5) of123 |
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| 145 | 145 | | subsection (b) as follows:124 |
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| 146 | 146 | | "(5) Any crime involving the trafficking of cocaine, marijuana, or illegal drugs as |
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| 147 | 147 | | 125 |
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| 148 | 148 | | provided in substances in violation of Code Section 16-13-31,"126 |
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| 149 | 149 | | SECTION 4.127 |
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| 150 | 150 | | Said title is further amended in Code Section 16-11-133, relating to minimum periods of128 |
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| 151 | 151 | | confinement for persons convicted who have prior convictions, by revising paragraph (5) of129 |
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| 152 | 152 | | subsection (b) as follows:130 |
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| 153 | 153 | | "(5) Any crime involving the trafficking of cocaine, marijuana, or illegal drugs as131 |
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| 154 | 154 | | provided in substances in violation of Code Section 16-13-31,"132 |
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| 155 | 155 | | SECTION 5.133 |
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| 156 | 156 | | Said title is further amended in Code Section 16-11-160, relating to use of machine guns,134 |
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| 157 | 157 | | sawed-off rifles, sawed-off shotguns, or firearms with silencers during commission of certain135 |
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| 158 | 158 | | offenses and enhanced criminal penalties, by revising division (a)(2)(B)(iii) as follows:136 |
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| 159 | 159 | | "(iii) Trafficking in cocaine, illegal drugs, marijuana, or methamphetamine as137 |
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| 160 | 160 | | provided in of substances in violation of Code Section 16-13-31."138 |
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| 161 | 161 | | SECTION 6.139 |
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| 162 | 162 | | Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is140 |
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| 163 | 163 | | amended in Code Section 17-6-1, relating to when offenses bailable, procedure, schedule of141 |
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| 164 | 164 | | bails, and appeal bonds, by revising subsection (g) as follows:142 |
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| 165 | 165 | | S. B. 587 |
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| 166 | 166 | | - 6 - 24 LC 39 4346 |
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| 167 | 167 | | "(g) No appeal bond shall be granted to any person who has been convicted of murder, |
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| 168 | 168 | | 143 |
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| 169 | 169 | | rape, aggravated sodomy, armed robbery, home invasion in any degree, aggravated child144 |
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| 170 | 170 | | molestation, child molestation, kidnapping, trafficking in cocaine or marijuana |
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| 171 | 171 | | of145 |
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| 172 | 172 | | substances in violation of Code Section 16-13-31, aggravated stalking, or aircraft hijacking146 |
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| 173 | 173 | | and who has been sentenced to serve a period of incarceration of five years or more. The147 |
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| 174 | 174 | | granting of an appeal bond to a person who has been convicted of any other felony offense148 |
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| 175 | 175 | | or of any misdemeanor offense involving an act of family violence as defined in Code149 |
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| 176 | 176 | | Section 19-13-1, or of any offense delineated as a high and aggravated misdemeanor or of150 |
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| 177 | 177 | | any offense set forth in Code Section 40-6-391, shall be in the discretion of the convicting151 |
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| 178 | 178 | | court. Appeal bonds shall terminate when the right of appeal terminates, and such bonds152 |
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| 179 | 179 | | shall not be effective as to any petition for review or petition or application for writ of153 |
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| 180 | 180 | | certiorari unless the court in which the petition for review or petition or application is filed154 |
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| 181 | 181 | | so specifies."155 |
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| 182 | 182 | | SECTION 7.156 |
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| 183 | 183 | | Said title is further amended in Code Section 17-6-12, relating to unsecured judicial release,157 |
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| 184 | 184 | | requirement, effect of failure of person charged to appear for trial, and consideration of158 |
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| 185 | 185 | | criminal record, by revising division (a)(1)(B)(xiii) as follows:159 |
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| 186 | 186 | | "(xiii) Trafficking in cocaine, illegal drugs, marijuana, or methamphetamine of160 |
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| 187 | 187 | | substances in violation of Code Section 16-13-31;"161 |
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| 188 | 188 | | SECTION 8.162 |
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| 189 | 189 | | Said title is further amended in Code Section 17-10-9.1, relating to voluntary surrender to163 |
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| 190 | 190 | | county jail or correctional institution and release of defendant, by revising paragraph (9) of164 |
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| 191 | 191 | | subsection (a) as follows:165 |
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| 192 | 192 | | "(9) Trafficking of substances in violation of Violating Code Section 16-13-31, relating166 |
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| 193 | 193 | | to trafficking in cocaine or marijuana;"167 |
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| 194 | 194 | | S. B. 587 |
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| 195 | 195 | | - 7 - 24 LC 39 4346 |
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| 196 | 196 | | SECTION 9. |
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| 197 | 197 | | 168 |
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| 198 | 198 | | Article 2 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to169 |
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| 199 | 199 | | grants of pardons, paroles, and other relief, is amended in Code Section 42-9-42, relating to170 |
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| 200 | 200 | | procedure for granting relief from sentence, conditions and prerequisites, public access to171 |
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| 201 | 201 | | information, and violation of parole, by revising division (b)(1)(B)(xxix) as follows:172 |
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| 202 | 202 | | "(xxix) Trafficking in cocaine, illegal drugs, marijuana, or methamphetamine |
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| 203 | 203 | | of173 |
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| 204 | 204 | | substances in violation of Code Section 16-13-31;"174 |
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| 205 | 205 | | SECTION 10.175 |
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| 206 | 206 | | Said article is further amended in Code Section 42-9-60, relating to overcrowding of prison176 |
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| 207 | 207 | | system as creating state of emergency, paroling inmates to reduce prison system population177 |
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| 208 | 208 | | to capacity, and annual report of inmates paroled, by revising paragraph (2) of subsection (a)178 |
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| 209 | 209 | | as follows:179 |
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| 210 | 210 | | "(2) 'Dangerous offender' means a state prison inmate who is imprisoned for conviction180 |
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| 211 | 211 | | of any one or more of the following crimes as defined by Title 16, the 'Criminal Code of181 |
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| 212 | 212 | | Georgia': murder, voluntary manslaughter, kidnapping, armed robbery, rape, aircraft182 |
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| 213 | 213 | | hijacking, aggravated sodomy, aggravated battery, aggravated assault, incest, child183 |
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| 214 | 214 | | molestation, child abuse, or enticing a child for indecent purposes, or any felony184 |
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| 215 | 215 | | punishable under violation of trafficking of substances in violation of Code185 |
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| 216 | 216 | | Section 16-13-31, relating to prohibited acts regarding marijuana, cocaine, and illegal186 |
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| 217 | 217 | | drugs. The term 'dangerous offender' shall also include an inmate who is incarcerated for187 |
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| 218 | 218 | | a second or subsequent time for the commission of a crime for which the inmate could188 |
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| 219 | 219 | | have been sentenced to life imprisonment."189 |
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| 220 | 220 | | SECTION 11.190 |
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| 221 | 221 | | Code Section 45-12-37 of the Official Code of Georgia Annotated, relating to reward for191 |
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| 222 | 222 | | information leading to arrest and conviction of person selling dangerous or narcotic drugs192 |
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| 223 | 223 | | S. B. 587 |
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| 224 | 224 | | - 8 - 24 LC 39 4346 |
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| 225 | 225 | | generally and rewards by counties and municipalities, is amended by revising subsection (b) |
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| 226 | 226 | | 193 |
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| 227 | 227 | | as follows:194 |
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| 228 | 228 | | "(b) Any person, other than a law enforcement officer, who furnishes information leading195 |
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| 229 | 229 | | to the arrest and conviction of a person who is charged with selling dangerous drugs in196 |
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| 230 | 230 | | violation of Code Section 16-13-72 may receive a reward of up to $500.00. Any person,197 |
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| 231 | 231 | | other than a law enforcement officer, who furnishes information leading to the arrest and198 |
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| 232 | 232 | | conviction of a person who is charged with selling a controlled substance in violation of199 |
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| 233 | 233 | | Code Section 16-13-30 or trafficking of substances in violation of Code Section |
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| 234 | 234 | | 16-13-31,200 |
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| 235 | 235 | | may receive a reward of $1,000.00."201 |
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| 236 | 236 | | SECTION 12.202 |
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| 237 | 237 | | This Act shall become effective upon its approval by the Governor or upon its becoming law203 |
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| 238 | 238 | | without such approval.204 |
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| 239 | 239 | | SECTION 13.205 |
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| 240 | 240 | | All laws and parts of laws in conflict with this Act are repealed.206 |
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| 241 | 241 | | S. B. 587 |
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| 242 | 242 | | - 9 - |
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