| 1 | 1 | | 25 LC 48 1363 |
|---|
| 2 | 2 | | House Bill 41 |
|---|
| 3 | 3 | | By: Representatives Davis of the 87 |
|---|
| 4 | 4 | | th |
|---|
| 5 | 5 | | , Scott of the 76 |
|---|
| 6 | 6 | | th |
|---|
| 7 | 7 | | , and Schofield of the 63 |
|---|
| 8 | 8 | | rd |
|---|
| 9 | 9 | | |
|---|
| 10 | 10 | | A BILL TO BE ENTITLED |
|---|
| 11 | 11 | | AN ACT |
|---|
| 12 | 12 | | To amend Code Section 16-13-2 of the Official Code of Georgia Annotated, relating to |
|---|
| 13 | 13 | | 1 |
|---|
| 14 | 14 | | conditional discharge for possession of controlled substances as first offense and certain2 |
|---|
| 15 | 15 | | nonviolent property crimes, dismissal of charges, and restitution to victims, so as to authorize3 |
|---|
| 16 | 16 | | counties and municipal corporations to adopt ordinances governing and punishing the4 |
|---|
| 17 | 17 | | possession of one ounce or less of marijuana; to amend Code Section 36-1-20 of the Official5 |
|---|
| 18 | 18 | | Code of Georgia Annotated, relating to ordinances for governing and policing of6 |
|---|
| 19 | 19 | | unincorporated areas of county, so as to authorize counties to adopt ordinances governing7 |
|---|
| 20 | 20 | | and punishing the possession of one ounce or less of marijuana; to provide for related8 |
|---|
| 21 | 21 | | matters; to provide for a short title; to repeal conflicting laws; and for other purposes.9 |
|---|
| 22 | 22 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:10 |
|---|
| 23 | 23 | | SECTION 1.11 |
|---|
| 24 | 24 | | This Act shall be known and may be cited as the "Georgia Local Governance and Fair12 |
|---|
| 25 | 25 | | Enforcement Act."13 |
|---|
| 26 | 26 | | H. B. 41 |
|---|
| 27 | 27 | | - 1 - 25 LC 48 1363 |
|---|
| 28 | 28 | | SECTION 2. |
|---|
| 29 | 29 | | 14 |
|---|
| 30 | 30 | | Code Section 16-13-2 of the Official Code of Georgia Annotated, relating to conditional15 |
|---|
| 31 | 31 | | discharge for possession of controlled substances as first offense and certain nonviolent16 |
|---|
| 32 | 32 | | property crimes, dismissal of charges, and restitution to victims, is amended by revising17 |
|---|
| 33 | 33 | | subsection (b) as follows:18 |
|---|
| 34 | 34 | | "(b) Except as provided in Code Sections 36-1-20 and 36-32-6, |
|---|
| 35 | 35 | | Notwithstanding any law19 |
|---|
| 36 | 36 | | to the contrary, any person who is charged with possession of marijuana, which possession20 |
|---|
| 37 | 37 | | is of one ounce or less, shall be guilty of a misdemeanor and punished by imprisonment for21 |
|---|
| 38 | 38 | | a period not to exceed 12 months or a fine not to exceed $1,000.00, or both, or public22 |
|---|
| 39 | 39 | | works not to exceed 12 months."23 |
|---|
| 40 | 40 | | SECTION 3.24 |
|---|
| 41 | 41 | | Code Section 36-1-20 of the Official Code of Georgia Annotated, relating to ordinances for25 |
|---|
| 42 | 42 | | governing and policing of unincorporated areas of county, is amended by adding a new26 |
|---|
| 43 | 43 | | subsection to read as follows:27 |
|---|
| 44 | 44 | | "(e) The governing authority of each county is authorized to adopt ordinances governing28 |
|---|
| 45 | 45 | | the possession of one ounce or less of marijuana within the unincorporated areas of the29 |
|---|
| 46 | 46 | | county. Violation of such ordinances may be punished by fines, and each such ordinance30 |
|---|
| 47 | 47 | | shall specify the maximum punishment which may be imposed for a violation of the31 |
|---|
| 48 | 48 | | ordinance. In no case shall the maximum punishment for the violation of any such32 |
|---|
| 49 | 49 | | ordinance exceed a fine of $1,000.00. Any fines and bond forfeitures arising from the33 |
|---|
| 50 | 50 | | prosecution of such cases shall be retained by the county and shall be paid into the treasury34 |
|---|
| 51 | 51 | | of such county."35 |
|---|
| 52 | 52 | | SECTION 4.36 |
|---|
| 53 | 53 | | All laws and parts of laws in conflict with this Act are repealed.37 |
|---|
| 54 | 54 | | H. B. 41 |
|---|
| 55 | 55 | | - 2 - |
|---|