25 LC 49 2069 Senate Bill 61 By: Senators Dolezal of the 27th, Dixon of the 45th, Hickman of the 4th, Still of the 48th, Robertson of the 29th and others A BILL TO BE ENTITLED AN ACT To amend Article 6 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, 1 relating to delinquency, so as to provide for additional offenses over which superior courts2 are authorized to exercise exclusive original jurisdiction for the trials of children 13 to 173 years of age to include the offenses of certain terroristic threats or acts involving public and4 private schools and attempt or criminal conspiracy to commit certain offenses; to repeal a5 provision that limited superior courts from exercising exclusive original jurisdiction over the6 trials of children 13 to 17 years of age alleged to have committed aggravated assault only in7 certain cases involving the use of a firearm upon a public safety officer; to provide for which8 such cases shall be subject to the class A designated felony act provisions of Code Section9 15-11-602 upon transfer to a juvenile court; to make conforming changes by including such10 additional offenses in the list of offenses for which juvenile and superior courts shall consider11 certain criteria when determining whether to transfer cases; to amend Chapter 2 of Title 2012 of the Official Code of Georgia Annotated, relating to elementary and secondary education,13 so as to require that the academic and disciplinary records of each transferring student shall14 be provided by such student's previous school to the receiving school; to reduce the number15 of days by which a parent or guardian of a transferring student shall receive copies of such16 records; to establish a misdemeanor offense for failure to disclose required information17 regarding students; to provide for penalties; to provide that certain officials shall be18 S. B. 61 - 1 - 25 LC 49 2069 responsible for compliance; to provide for information sharing by juvenile courts, superior 19 courts, and certain state agencies with public schools when children are subject to electronic20 monitoring and other restrictions; to provide for the criminal offenses of terroristic threat of21 a school and terroristic act upon a school; to provide for penalties; to require annual site22 threat assessments at each public school in this state; to require that such assessments inform23 school safety plans; to provide for who may conduct such assessments; to revise provisions24 for school safety plans; to provide for definitions; to provide for related matters; to provide25 for an effective date and applicability; to repeal conflicting laws; and for other purposes.26 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:27 SECTION 1.28 Article 6 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to29 delinquency, is amended by revising Code Section 15-11-560, relating to concurrent and30 original jurisdiction of superior court, as follows:31 "15-11-560.32 (a) Except as provided in subsection (b) of this Code section, the court shall have33 concurrent jurisdiction with the superior court over a child who is alleged to have34 committed a delinquent act which would be considered a crime if tried in a superior court35 and for which an adult may be punished by loss of life, imprisonment for life without36 possibility of parole, or confinement for life in a penal institution.37 (b) The superior court shall have exclusive original jurisdiction over the trial of any child38 13 to 17 years of age who is alleged to have committed any of the following offenses:39 (1) Murder;40 (2) Murder in the second degree;41 (3) Voluntary manslaughter;42 (4) Rape;43 S. B. 61 - 2 - 25 LC 49 2069 (5) Aggravated sodomy; 44 (6) Aggravated child molestation;45 (7) Aggravated sexual battery;46 (8) Armed robbery if committed with a firearm;47 (9) Aggravated assault if committed with a firearm upon a public safety officer as such 48 acts are prohibited under subsection (c) of Code Section 16-5-21; or49 (10) Aggravated battery upon a public safety officer as such acts are prohibited under50 subsection (c) of Code Section 16-5-24;51 (11) A terroristic threat of a school or terroristic act upon a school in violation of Code52 Section 20-2-1181.1;53 (12) Attempt to commit or conspiracy to commit murder; or54 (13) Attempt to commit or conspiracy to commit any of the offenses provided for in55 paragraphs (4), (5), (6), (7), (8), (9), (10), and (11) of this subsection.56 (c) The granting of bail or pretrial release of a child charged with an offense enumerated57 in subsection (b) of this Code section shall be governed by the provisions of Code Section58 17-6-1.59 (d)(1) At any time before indictment, the district attorney may, after investigation and60 for cause, decline prosecution in the superior court of a child 13 to 17 years of age alleged61 to have committed an offense specified in subsection (b) of this Code section. Upon62 declining such prosecution in the superior court, the district attorney shall cause a petition63 to be filed in the appropriate juvenile court for adjudication within 72 hours if the child64 is in detention or 30 days if the child is not in detention.65 (2)(A) Except as provided in paragraph (8) of subsection (b) of Code Section66 15-11-602 or subparagraph (B) of this paragraph, any case transferred by the district67 attorney to the juvenile court pursuant to this subsection shall be subject to the class A68 designated felony act provisions of Code Section 15-11-602, and the transfer of the case69 S. B. 61 - 3 - 25 LC 49 2069 from superior court to juvenile court shall constitute notice to such child that such case 70 is subject to the class A designated felony act provisions of Code Section 15-11-602.71 (B) Any case transferred by the district attorney to the juvenile court pursuant to this 72 subsection involving a child 13 to 17 years of age alleged to have committed an offense73 specified in paragraph (13) of subsection (b) of this Code section shall not be subject74 to subparagraph (A) of this paragraph.75 (e)(1) After indictment, the superior court may after investigation transfer to the juvenile76 court any case involving a child 13 to 17 years of age alleged to have committed any act77 described in paragraph (3), (5), (6), (7), (9), or (10), (11), (12), or (13) of subsection (b)78 of this Code section. In considering the transfer of such case, the court shall consider the79 criteria set forth in Code Section 15-11-562. Any such transfer shall be appealable by the80 State of Georgia pursuant to Code Section 5-7-1. Upon such a transfer by the superior81 court, jurisdiction shall vest in the juvenile court and jurisdiction of the superior court82 shall terminate.83 (2)(A) Except as provided in paragraph (8) of subsection (b) of Code Section84 15-11-602 or subparagraph (B) of this paragraph, any case transferred by the superior85 court to the juvenile court pursuant to this subsection shall be subject to the class A86 designated felony act provisions of Code Section 15-11-602, and the transfer of the case87 from superior court to juvenile court shall constitute notice to such child that such case88 is subject to the class A designated felony act provisions of Code Section 15-11-602.89 (B) Any case transferred by the superior court to the juvenile court pursuant to this90 subsection involving a child 13 to 17 years of age alleged to have committed an offense91 specified in paragraph (13) of subsection (b) of this Code section shall not be subject92 to subparagraph (A) of this paragraph.93 (f) The superior court may transfer any case involving a child 13 to 17 years of age alleged94 to have committed any offense enumerated in subsection (b) of this Code section and95 convicted of a lesser included offense not included in subsection (b) of this Code section96 S. B. 61 - 4 - 25 LC 49 2069 to the juvenile court of the county of such child's residence for disposition. Upon such a 97 transfer by the superior court, jurisdiction shall vest in the juvenile court and jurisdiction98 of the superior court shall terminate.99 (g) Within 30 days of any proceeding in which a child 13 to 17 years of age is convicted100 of certain offenses over which the superior court has original jurisdiction as provided in101 subsection (b) of this Code section or adjudicated as a delinquent child on the basis of102 conduct which if committed by an adult would constitute such offenses, the superior court103 shall provide written notice to the school superintendent or his or her designee of the school104 in which such child is enrolled or, if the information is known, of the school in which such105 child plans to be enrolled at a future date. Such notice shall include the specific criminal106 offense that such child committed. The local school system to which such child is assigned107 may request further information from the court's file.108 (h) As used in this Code section, the term 'firearm' means a handgun, rifle, shotgun, or109 other weapon which will or can be converted to expel a projectile by the action of an110 explosive or electrical charge."111 SECTION 2.112 Said article is further amended by revising subsection (a) of Code Section 15-11-562, relating113 to transfer criteria and written report, as follows:114 "(a) The criteria that the juvenile court shall consider in determining whether to transfer115 an alleged delinquent child as set forth in subsection (a) of Code Section 15-11-561 to116 superior court and the criteria that the superior court shall consider in determining whether117 to transfer any case involving a child 13 to 17 years of age alleged to have committed any118 act described in paragraph (3), (5), (6), (7), (9), or (10), (11), (12), or (13) of subsection (b)119 of Code Section 15-11-560 to juvenile court as set forth in subsection (e) of Code Section120 15-11-560 includes, but shall not be limited to:121 (1) The age of such child;122 S. B. 61 - 5 - 25 LC 49 2069 (2) The seriousness of the alleged offense, especially if personal injury resulted; 123 (3) Whether the protection of the community requires transfer of jurisdiction;124 (4) Whether the alleged offense involved violence or was committed in an aggressive or125 premeditated manner;126 (5) The impact of the alleged offense on the alleged victim, including the permanence127 of any physical or emotional injury sustained, health care expenses incurred, and lost128 earnings suffered;129 (6) The culpability of such child including such child's level of planning and130 participation in the alleged offense;131 (7) Whether the alleged offense is a part of a repetitive pattern of offenses which132 indicates that such child may be beyond rehabilitation in the juvenile justice system;133 (8) The record and history of such child, including experience with the juvenile justice134 system, other courts, supervision, commitments to juvenile institutions, and other135 placements;136 (9) The sophistication and maturity of such child as determined by consideration of his137 or her home and environmental situation, emotional condition, and pattern of living;138 (10) The program and facilities available to the juvenile court in considering disposition;139 and140 (11) Whether or not a child can benefit from the treatment or rehabilitative programs141 available to the juvenile court."142 SECTION 3.143 Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and144 secondary education, is amended by revising Code Section 20-2-670, relating to145 requirements for transferring students beyond sixth grade, conditional admission, and146 compliance, as follows:147 S. B. 61 - 6 - 25 LC 49 2069 "20-2-670. 148 (a) A transferring student applying for admission to a grade higher than the sixth grade149 shall as a prerequisite to admission present a certified copy of his or her academic transcript150 and disciplinary record from the school previously attended.151 (b)(1)(A) In lieu of complying with the provision of subsection (a) of this Code152 section, a transferring student may be admitted on a conditional basis if he or she and153 his or her parent or legal guardian execute a document providing the name and address154 of the school last attended and authorizing the release of all academic and disciplinary155 records to the school administration. Such records shall be transferred to the school156 administration within ten days by the local school superintendent or the school157 principal, as applicable, of such school last attended. The parent or guardian shall be158 notified of the transfer of such records and shall, upon written request made within ten159 days of such notice, be entitled to receive a copy of such records within five days. 160 Within five days of the receipt of a copy of such records, the parent or guardian may161 make a written request for and shall be entitled to a hearing before the local school162 superintendent or principal of the school, as applicable, or his or her designee which is163 the custodian of such records for the purpose of challenging the content of the records.164 (B) Any form document to authorize the release of records which is provided by a165 school to a transferring student or such student's parent or legal guardian shall include166 a list of class A designated felony acts or class B designated felony acts.167 (2) The student or his or her parent or legal guardian shall also disclose on the same168 document as the release provided for in paragraph (1) of this subsection whether the child169 has ever been adjudicated guilty of the commission of a class A designated felony act or170 class B designated felony act, as defined in Code Section 15-11-2 and, if so, the date of171 such adjudication, the offense committed, the jurisdiction in which such adjudication was172 made, and the sentence imposed. Any form document to authorize the release of records173 which is provided by a school to a transferring student or such student's parent or legal174 S. B. 61 - 7 - 25 LC 49 2069 guardian shall include a list of class A designated felony acts or class B designated felony 175 acts. The student or his or her parent or legal guardian shall also disclose on the176 document whether the student is currently serving a suspension or expulsion from another177 school, the reason for such discipline, and the term of such discipline. Any student or the 178 parent or legal guardian of such student residing in this state who violates this Code179 section shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject180 to a fine of not greater than $1,000.00, imprisonment not to exceed 30 days, community181 service, or any combination of such penalties, at the discretion of the court having182 jurisdiction.183 (3) If a student so conditionally admitted is found to be ineligible for enrollment pursuant184 to the provisions of Code Section 20-2-751.2, or is subsequently found to be so ineligible,185 he or she shall be dismissed from enrollment until such time as he or she becomes so186 eligible.187 (c) Every school system and school in this state shall be obligated to provide complete188 information to a requesting school pursuant to subsection (b) of this Code section within189 ten days of receipt of such request.190 (d)(1) In the case of local school systems, the local school superintendent shall be191 responsible for transferring records as required by subsection (b) of this Code section and192 providing complete information as required by subsection (c) of this Code section.193 (2) Except as provided in paragraph (1) of this subsection, the school principal shall be194 responsible for transferring records as required by subsection (b) of this Code section and195 providing complete information as required by subsection (c) of this Code section."196 SECTION 4.197 Said chapter is further amended by revising Code Section 20-2-701, relating to responsibility198 for reporting truants to juvenile or other courts, as follows:199 S. B. 61 - 8 - 25 LC 49 2069 "20-2-701. 200 (a) Local school superintendents as applied to private schools, the Department of201 Education as applied to home study programs, or visiting teachers and attendance officers202 as applied to public schools, after written notice to the parent or guardian of a child, shall203 report to the juvenile or other court having jurisdiction under Chapter 11 of Title 15 any204 child who is absent from a public or private school or a home study program in violation205 of this subpart. If the judge of the court places such child in a home or in a public or206 private institution pursuant to Chapter 11 of Title 15, school shall be provided for such207 child. The Department of Education shall coordinate with local school superintendents208 with respect to attendance records and notification for students in home study programs.209 (b)(1) Except as prohibited by Code Section 15-11-710, each superior court and juvenile210 court in this state and the Department of Juvenile Justice, the Department of Behavioral211 Health and Developmental Disabilities, the Department of Human Services, and the212 Division of Family and Children Services shall notify the local school system or other213 public school in which a child is enrolled or would be enrolled by virtue of his or her214 residence when such court or state agency has ordered that such child shall be subject to215 electronic monitoring, as such term is defined in Code Section 42-3-111; an intensive216 supervision program; or a home confinement program.217 (2) A local school system or public school that receives information provided for in218 paragraph (1) of this subsection shall:219 (A) Maintain the confidential nature of such information; and220 (B) Be authorized to utilize such information for purposes of promoting and protecting221 the safety of such child and the school community.222 (3) There shall be no presumption that a local school system will utilize the information223 provided for in paragraph (1) of this subsection to the detriment of such child."224 S. B. 61 - 9 - 25 LC 49 2069 SECTION 5. 225 Said chapter is further amended in Article 27, relating to loitering at or disrupting schools,226 by adding a new Code section to read as follows:227 "20-2-1181.1. 228 (a) As used in this Code section, the term:229 (1) 'Hazardous substance' shall have the same meaning as set forth in Code Section230 12-8-92.231 (2) 'Weapon' shall have the same meaning as set forth in Code Section 16-5-44.1. Such232 term shall include, but shall not be limited to, each item included in paragraph (4) of233 subsection (a) of Code Section 16-11-127.1.234 (b) A person commits the offense of a terroristic threat of a school when he or she235 threatens to commit any crime of violence, release any hazardous substance, or burn or236 damage property and such threat is made:237 (1) With the purpose of terrorizing another who at the time of such threat is physically238 present:239 (A) On public or private school operated property, including, but not limited to, school240 buildings and school grounds, or on a playground or recreational area that is adjacent241 to such property and that is used primarily by persons under 18 years of age;242 (B) On a school bus or other vehicle furnished by a public or private school for the243 transportation of students; or244 (C) At a public or private school sponsored activity;245 (2) With the purpose of causing the evacuation of:246 (A) Public or private school operated property, including, but not limited to, school247 buildings and school grounds, or a playground or recreational area that is adjacent to248 such property and that is used primarily by persons under 18 years of age; or249 (B) A school bus or other vehicle furnished by a public or private school for the250 transportation of students; or251 S. B. 61 - 10 - 25 LC 49 2069 (3) In reckless disregard of the risk of causing the terror or evacuation described in252 paragraph (1) or (2) of this subsection.253 (c) A person commits the offense of a terroristic act upon a school when he or she commits254 an act of using a weapon or flaming symbol or flambeau, releasing any hazardous255 substance or any simulated hazardous substance under the guise of a hazardous substance,256 or, while not in the commission of a lawful act, shooting at or throwing an object at a257 conveyance which is being operated or which is occupied by passengers and such act is258 committed:259 (1) With the purpose of terrorizing another who at the time of such act is physically260 present:261 (A) On public or private school operated property, including, but not limited to, school262 buildings and school grounds, or on a playground or recreational area that is adjacent263 to such property and that is used primarily by persons under 18 years of age;264 (B) On a school bus or other vehicle furnished by a public or private school for the265 transportation of students; or266 (C) At a public or private school sponsored activity;267 (2) With the purpose of causing the evacuation of:268 (A) Public or private school operated property, including, but not limited to, school269 buildings and school grounds, or a playground or recreational area that is adjacent to270 such property and that is used primarily by persons under 18 years of age; or271 (B) A school bus or other vehicle furnished by a public or private school for the272 transportation of students; or273 (3) In reckless disregard of the risk of causing the terror or evacuation described in274 paragraph (1) or (2) of this subsection.275 (d)(1) A person convicted of the offense of a terroristic threat of a school shall be276 punished as for a misdemeanor; provided, however, that, if the threat suggested the death277 of any person, the person shall be guilty of a felony and upon conviction thereof shall be278 S. B. 61 - 11 - 25 LC 49 2069 punished by a fine of not more than $1,000.00, imprisonment for not less than one nor279 more than five years, or both; and provided, further, that, if any person suffers a serious280 physical injury as a direct result of a threat giving rise to a conviction under281 subsection (b) of this Code section, the person shall be guilty of a felony and upon282 conviction thereof shall be punished by a fine of not more than $250,000.00,283 imprisonment for not less than five nor more than 40 years, or both.284 (2) A person convicted of the offense of a terroristic act upon a school shall be guilty of285 a felony and upon conviction thereof shall be punished by a fine of not more than286 $5,000.00, imprisonment for not less than one nor more than ten years, or both; provided,287 however, that, if any person suffers a serious physical injury as a direct result of an act288 giving rise to a conviction under subsection (c) of this Code section, the person shall be289 guilty of a felony and upon conviction thereof shall be punished by a fine of not more290 than $250,000.00, imprisonment for not less than five nor more than 40 years, or both."291 SECTION 6.292 Said chapter is further amended by revising Code Section 20-2-1185, relating to school293 safety plans and drills, as follows:294 "20-2-1185.295 (a) As used in this Code section, the term 'site threat assessment' means conducting an296 evaluation for purposes of most effectively preventing, reducing, or responding to threats297 of violence, mass casualty incidents and other acts of terrorism, natural disasters, and298 hazardous materials accidents.299 (b)(1) By June 1 of each year, each public school in this state shall have performed a site300 threat assessment of its buildings, facilities, and campuses by a law enforcement agency301 or other appropriate government agency or by an individual or entity certified and302 approved pursuant to paragraph (2) of this subsection. Such site threat assessment shall303 S. B. 61 - 12 - 25 LC 49 2069 inform the preparation and maintenance of a school safety plan as provided for in304 subsection (c) of this Code section.305 (2) The Georgia Emergency Management and Homeland Security Agency shall be306 exclusively authorized to certify and approve private individuals and entities to provide307 site threat assessments to public schools in this state. Beginning January 1, 2026, the308 Georgia Emergency Management and Homeland Security Agency shall maintain a list309 of individuals and entities that are certified and approved for purposes of this Code310 section to provide site threat assessments to public schools.311 (c)(1) Each Every public school in this state shall prepare and annually review and312 update as necessary a school safety plan to help curb the growing incidence of violence313 in schools, to respond effectively to such incidents, and to provide a safe learning314 environment for Georgia's children, teachers, and other school personnel. Such plan shall315 also address preparedness for natural disasters, hazardous materials or radiological316 accidents, acts of violence, and acts of terrorism. School safety plans of public schools317 shall be prepared with input from students enrolled in that school, parents or legal318 guardians of such students, teachers in that school, community leaders, other school319 employees and school district employees, and local law enforcement, juvenile court, fire320 service, public safety, and emergency management agencies. As part of such plans,321 public schools shall provide for the coordination with local law enforcement agencies and322 the local juvenile court system. Such plans of public schools shall be submitted to the323 local law enforcement agency designated as having approval authority by the local board324 of education.325 (2) School safety plans shall include, at a minimum, the following strategy areas:326 (1)(A) Training school administrators, teachers, and support staff, including, but not327 limited to, school resource officers, security officers, secretaries, custodians, and bus328 drivers, on school violence prevention, school security, school threat assessment,329 mental health awareness, and school emergency planning best practices;330 S. B. 61 - 13 - 25 LC 49 2069 (2)(B) Evaluating and refining school security measures;331 (3)(C) Updating and exercising school emergency preparedness plans;332 (4)(D) Strengthening partnerships with public safety officials; and333 (5)(E) Creating enhanced crisis communications plans and social media strategies;334 (F) Addressing security issues in school safety zones, as defined in Code Section335 16-11-127.1;336 (G) Addressing security issues involving school functions held during noninstructional337 hours; and338 (H) Addressing security issues involving the transportation of students to and from339 school and school functions when such transportation is furnished by the school.340 (3) The school safety plan of each public school shall be submitted to the Department of341 Education after the approval of such plan by a local law enforcement agency designated342 as having approval authority by the local board of education. The Department of343 Education shall publish on its public website a list of all public schools that have344 completed and all public schools that are delinquent in completing the site threat345 assessment required in subsection (b) of this Code section.346 (d) School safety plans of private schools may be prepared with input from students347 enrolled in that school, parents or legal guardians of such students, teachers in that school,348 other school employees, and local law enforcement, fire service, public safety, and349 emergency management agencies. Such plans shall be reviewed and, if necessary, updated350 annually. Such plans of public schools shall be submitted to the local emergency351 management agency, the local law enforcement agency, and the Georgia Emergency352 Management and Homeland Security Agency for approval.353 (b)(e) A public school may request funding assistance from the state for facilities,354 technology, or other safety improvements or initiatives, such as the installation of safety355 equipment, including, but not limited to, video surveillance cameras, metal detectors,356 alarms, communications systems, building access controls, and other similar security357 S. B. 61 - 14 - 25 LC 49 2069 devices. The Department of Education shall establish criteria that will be applied in 358 reviewing funding requests pursuant to this subsection which shall take into consideration359 the physical security needs of the public school in evaluating how the school safety plan360 and funding request will support such physical security needs. Funding may be provided361 to a public school in accordance with a school safety plan prepared by the school and362 approved by the local board of education, the local law enforcement agency, the 363 Department of Education, and the Georgia Emergency Management and Homeland364 Security Agency as provided for in subsection (c) of this Code section; provided, however,365 that a public school shall be required to match the state funding with local funds unless the366 school can demonstrate a substantial hardship.367 (c) School safety plans prepared by public schools shall address security issues in school368 safety zones as defined in Code Section 16-11-127.1. School safety plans should also369 address security issues involving the transportation of pupils to and from school and school370 functions when such transportation is furnished by the school or school system and school371 functions held during noninstructional hours.372 (d)(f) The Georgia Emergency Management and Homeland Security Agency shall provide373 training and technical assistance to public school systems, and may provide this same374 training and technical assistance to private school systems and independent private schools375 throughout this state in the area of emergency management and safe school operations. 376 This training and technical assistance shall include, but not be limited to, crisis response377 team development, site surveys and safety audits site threat assessments, crisis management378 planning, exercise design, safe school planning, emergency operations planning, search and379 seizure, bomb threat management, and model school safety plans.380 (e)(g)(1) Every public school shall conduct drills with students, school administrators,381 teachers, and other school personnel on the execution of school safety plans in such form382 and at such intervals based upon guidance from the Georgia Emergency Management and383 Homeland Security Agency.384 S. B. 61 - 15 - 25 LC 49 2069 (2) By October 1 of each school year, every public school shall conduct an intruder alert 385 drill for students, school administrators, teachers, and other school personnel based upon386 guidance from the Georgia Emergency Management and Homeland Security Agency. 387 Each local school system or public school governing body shall promptly report to the388 Georgia Emergency Management and Homeland Security Agency the completion of such389 drills. All students shall participate in intruder alert drills provided for in this paragraph;390 provided, however, that the governing body of a local school system or public school may391 provide an option for a child's parent or legal guardian to elect, in writing, that such child392 not participate in intruder alert drills. As used in this paragraph, the term 'intruder alert393 drill' means a set of procedures designed to familiarize the occupants of a building with394 ways to protect themselves against potential threats posed by an intruder who possesses395 or is suspected of possessing a weapon, as defined in Code Section 20-2-742."396 SECTION 7.397 This Act shall become effective upon its approval by the Governor or upon its becoming law398 without such approval; provided, however, that Sections 3 and 5 of this Act shall be399 applicable to offenses committed on or after such date.400 SECTION 8.401 All laws and parts of laws in conflict with this Act are repealed.402 S. B. 61 - 16 -