Bill Text: GA HB1176 | 2011-2012 | Regular Session | Introduced
Bill Title: 2011 Special Council on Criminal Justice Reform for Georgians; enact recommended provisions
Spectrum: Moderate Partisan Bill (Republican 6-1)
Status: (Passed) 2012-07-01 - Effective Date [HB1176 Detail]
Download: Georgia-2011-HB1176-Introduced.html
12 HB
1176/AP
House
Bill 1176 (AS PASSED HOUSE AND SENATE)
By:
Representatives Golick of the
34th,
Neal of the
1st,
Willard of the
49th,
Lindsey of the
54th,
Oliver of the
83rd,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 7 of Title 5 of the Official Code of Georgia Annotated, relating
to appeal or certiorari by the state in criminal cases, so as to change
provisions relating to the state's right to appeal; to amend Titles 15, 16, 17,
35, and 42 of the Official Code of Georgia Annotated, relating to courts, crimes
and offenses, criminal procedure, law enforcement officers and agencies, and
penal institutions, respectively, so as to enact provisions recommended by the
2011 Special Council on Criminal Justice Reform for Georgians and enact other
criminal justice reforms; to change provisions relating to drug and mental
health court divisions; to provide for performance measures and best practices;
to provide for certification; to provide for funding; to provide for oversight
by the Judicial Council of Georgia; to increase the fees for pretrial
intervention and diversion programs; to revise provisions relating to additional
criminal penalties for purposes of drug abuse treatment and education programs;
to expand the list of offenses with respect to which such additional penalties
shall be imposed; to provide that funds from such penalties may be used for drug
court division purposes; to substantially revise punishment provisions and the
elements of the crimes of burglary, theft, shoplifting, counterfeit Universal
Product Codes, forgery, deposit account fraud, controlled substances, and
marijuana; to provide for and change definitions; to extend the statute of
limitations for the prosecutions of the offenses of cruelty to children in the
first degree, rape, aggravated sodomy, child molestation, aggravated child
molestation, enticing a child for indecent purposes, and incest; to change
provisions relating to recidivist punishment; to amend Code Section 19-7-5 of
the Official Code of Georgia Annotated, relating to reporting of child abuse, so
as to expand mandatory reporting requirements and provide for exceptions; to
change provisions relating to inspection, purging, modifying, or supplementing
of criminal records; to provide for definitions; to provide for time frames
within which certain actions must be taken with respect to restricting access to
records or modifying, correcting, supplementing, or amending criminal records;
to provide for procedure; to provide for individuals who have not been convicted
to have their arrest records restricted; to provide for having the arrest
records of individuals convicted of certain misdemeanor offenses restricted
under certain circumstances; to provide that the Board of Corrections adopt
certain rules and regulations; to change provisions relating to the
administration of supervision of felony probationers; to provide for the use of
graduated sanctions in disciplining probationers who violate the terms of their
probation; to change provisions relating to terms and conditions of probation;
to provide for a maximum stay in probation detention centers; to clarify
provisions relating to probation supervision and provide for early termination
of a sentence; to amend Titles 5, 15, 16, 17, 31, 36, and 42 of the Official
Code of Georgia Annotated, relating to appeal and error, courts, crimes and
offenses, criminal procedure, health, local government, and penal institutions,
respectively, so as to conform provisions and correct cross-references; to
provide for related matters; to provide for effective dates and applicability;
to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
PART
I
APPEAL BY THE STATE
SECTION 1-1.
APPEAL BY THE STATE
SECTION 1-1.
Chapter
7 of Title 5 of the Official Code of Georgia Annotated, relating to appeal or
certiorari by the state in criminal cases, is amended by revising paragraph (7)
of subsection (a) of Code Section 5-7-1, relating to orders, decisions, or
judgments appealable, as follows:
"(7)
From an order, decision, or judgment of a
superior
court granting a motion for new trial or an extraordinary motion for new
trial;"
SECTION
1-2.
Said
chapter is further amended by revising paragraph (2) of subsection (b) of Code
Section 5-7-2, relating to certification required for immediate review of
nonfinal orders, decisions, or judgments and exceptions, as
follows:
"(2)
Order, decision, or judgment described in paragraph
(1)
or (7) of subsection (a) of Code Section
5-7-1."
PART
II
DRUG AND MENTAL HEALTH COURT DIVISIONS,
DIVERSION PROGRAMS, AND THE COUNTY DRUG
ABUSE TREATMENT AND EDUCATION FUND
SECTION 2-1.
DRUG AND MENTAL HEALTH COURT DIVISIONS,
DIVERSION PROGRAMS, AND THE COUNTY DRUG
ABUSE TREATMENT AND EDUCATION FUND
SECTION 2-1.
Title
15 of the Official Code of Georgia Annotated, relating to courts, is amended by
revising subsection (a) of Code Section 15-1-15, relating to drug court
divisions, as follows:
"(a)(1)
Any court that has jurisdiction over any criminal case which arises from the
use, sale, possession, delivery, distribution, purchase, or manufacture of a
controlled substance, noncontrolled substance, dangerous drug, or other drug may
establish a drug court division to provide an alternative to the traditional
judicial system for disposition of such cases.
(2)
In any case which arises from the use, addiction, dependency, sale, possession,
delivery, distribution, purchase, or manufacture of a controlled substance,
noncontrolled substance, dangerous drug, or other drug or is ancillary to such
conduct and the defendant meets the eligibility criteria for the drug court
division, the court may assign the case to the drug court division:
(A)
Prior to the entry of the sentence, if the prosecuting attorney
consents;
(B)
As part of a sentence in a case; or
(C)
Upon consideration of a petition to revoke probation.
(3)
Each drug court division shall establish a planning group to develop a work
plan. The planning group shall include the judges, prosecuting attorneys,
public defenders, probation officers, and persons having expertise in the field
of substance abuse. The work plan shall address the operational, coordination,
resource, information management, and evaluation needs of the drug court
division. The work plan shall include
eligibility
criteria for the drug court division
policies and
practices related to implementing the standards and practices developed pursuant
to paragraph (4) of this subsection. The work plan shall ensure a risk and
needs assessment is used to identify the likelihood of recidivating and identify
the needs that, when met, reduce recidivism. The work plan shall ensure that
drug court division eligibility shall be focused on moderate-risk and high-risk
offenders as determined by a risk and needs
assessment. The drug court division shall
combine judicial supervision, treatment of drug court division participants, and
drug testing.
(4)(A)
On or before January 1, 2013, the
The
Judicial Council of Georgia shall
adopt
standards for the drug court divisions. Each drug court division shall adopt
standards that are consistent with the standards of the Judicial Council of
Georgia. The standards are to serve as a flexible framework for developing
effective drug court divisions and to provide a structure for conducting
research and evaluation for program accountability. The standards are not
intended to be a certification or regulatory
checklist
establish
standards and practices for drug court divisions taking into consideration
guidelines and principles based on current research and findings published by
the National Drug Court Institute and the Substance Abuse and Mental Health
Services Administration, relating to practices shown to reduce recidivism of
offenders with drug abuse problems. Standards and practices shall include, but
shall not be limited to, the use of a risk and needs assessment to identify the
likelihood of recidivating and identify the needs that, when met, reduce
recidivism. The Judicial Council of Georgia shall update its standards and
practices to incorporate research, findings, and developments in the drug court
field. Each drug court division shall adopt policies and practices that are
consistent with the standards and practices published by the Judicial Council of
Georgia.
(B)
On and after January 1, 2013, the Judicial Council of Georgia shall provide
technical assistance to drug court divisions to assist them with the
implementation of policies and practices, including, but not limited to,
guidance on the implementation of risk and needs assessments in drug court
divisions.
(C)
On or before July 1, 2013, the Judicial Council of Georgia shall create and
manage a certification and peer review process to ensure drug court divisions
are adhering to the Judicial Council of Georgia's standards and practices and
shall create a waiver process for drug court divisions to seek an exception to
the Judicial Council of Georgia's standards and practices. In order to receive
state appropriated funds, any drug court division established on and after July
1, 2013, shall be certified pursuant to this subparagraph or, for good cause
shown to the Judicial Council of Georgia, shall receive a waiver from the
Judicial Council of Georgia.
(D)
On and after July 1, 2013, the award of any state funds for a drug court
division shall be conditioned upon a drug court division attaining certification
or a waiver by the Judicial Council of Georgia. On or before September 1, the
Judicial Council of Georgia shall publish an annual report listing certified
drug court divisions.
(E)
Pursuant to Code Section 15-5-24, the Administrative Office of the Courts shall
develop and manage an electronic information system for performance measurement
and accept submission of performance data in a consistent format from all drug
court divisions. The Judicial Council of Georgia shall identify elements
necessary for performance measurement, including, but not limited to,
recidivism, the number of moderate-risk and high-risk participants in a drug
court division, drug testing results, drug testing failures, participant
employment, the number of participants who successfully complete the program,
and the number of participants who fail to complete the program.
(F)
On or before July 1, 2015, and every three years thereafter, the Judicial
Council of Georgia shall conduct a performance peer review of the drug court
divisions for the purpose of improving drug court division policies and
practices and the certification and recertification process.
(5)
The court instituting the drug court division may request the prosecuting
attorney for the jurisdiction to designate one or more prosecuting attorneys to
serve in the drug court division and may request the public defender, if any, to
designate one or more assistant public defenders to serve in the drug court
division.
(6)
The clerk of the court instituting the drug court division or such clerk's
designee shall serve as the clerk of the drug court division.
(7)
The court instituting the drug court division may request probation officers and
other employees of the court to perform duties for the drug court division.
Such employees shall perform duties as directed by the judges of the drug court
division.
(8)
The court instituting the drug court division may enter into agreements with
other courts and agencies for the assignment of personnel from other courts and
agencies to the drug court division.
(9)
Expenses for salaries, equipment, services, and supplies incurred in
implementing this Code section may be paid from state funds, funds of the county
or political subdivision implementing such drug court division, federal grant
funds, and funds from private donations.
(10)
As used in this Code section, the term 'risk and needs assessment' means an
actuarial tool, approved by the Judicial Council of Georgia and validated on a
targeted population, scientifically proven to determine a person's risk to
recidivate and to identify criminal risk factors that, when properly addressed,
can reduce that person's likelihood of committing future criminal
behavior."
SECTION
2-2.
Said
title is further amended by revising subsection (b) of Code Section 15-1-16,
relating to mental health court divisions, as follows:
"(b)(1)
To achieve a reduction in recidivism and symptoms of mental illness among
mentally ill offenders in criminal cases and to increase their likelihood of
successful rehabilitation through early, continuous, and intense judicially
supervised treatment, any court that has jurisdiction over a criminal case in
which a defendant has a mental illness or developmental disability, or a
co-occurring mental illness and substance abuse disorder, may establish a mental
health court division to provide an alternative to the traditional judicial
system for disposition of such cases. A mental health court division will bring
together mental health professionals, local social programs, and intensive
judicial monitoring.
(2)
In any criminal case in which a defendant suffers from a mental illness or
developmental disability, or a co-occurring mental illness and substance abuse
disorder, and the defendant meets the eligibility criteria for the mental health
court division, the court may refer the case to the mental health court
division:
(A)
Prior to the entry of the sentence, if the prosecuting attorney
consents;
(B)
As part of a sentence in a case; or
(C)
Upon consideration of a petition to revoke probation.
(3)
Each mental health court division shall establish a planning group to develop a
written work plan. The planning group shall include judges, prosecuting
attorneys, sheriffs or their designees, public defenders, probation officers,
and persons having expertise in the field of mental health. The work plan shall
address the operational, coordination, resource, information management, and
evaluation needs of the mental health court division. The work plan shall
include
written
eligibility criteria for the mental health
court division
policies and
practices related to implementing the standards and practices developed pursuant
to paragraph (4) of this subsection. The work plan shall ensure a risk and
needs assessment is used to identify the likelihood of recidivating and identify
the needs that, when met, reduce recidivism. The work plan shall ensure that
mental health court division eligibility shall be focused on moderate-risk and
high-risk offenders as determined by a risk and needs
assessment. The mental health court
division shall combine judicial supervision, treatment of mental health court
division participants, and drug and mental health testing. Defendants charged
with murder, armed robbery, rape, aggravated sodomy, aggravated sexual battery,
aggravated child molestation, or child molestation shall not be eligible for
entry into the mental health court division, except in the case of a separate
court supervised reentry program designed to more closely monitor mentally ill
offenders returning to the community after having served a term of
incarceration. Any such court supervised community reentry program for mentally
ill offenders shall be subject to the work plan as provided for in this
paragraph.
(4)(A)
On or before January 1, 2013, the
The
Judicial Council of Georgia shall
adopt
standards for the mental health court divisions. Each mental health court
division shall adopt standards that are consistent with the standards of the
Judicial Council of Georgia. The standards shall serve as a flexible framework
for developing effective mental health court divisions and provide a structure
for conducting research and evaluation for division accountability. The
standards are not intended to be a certification or regulatory
checklist
establish
standards and practices for mental health court divisions taking into
consideration guidelines and principles based on current research and findings
published by expert organizations, including, but not limited to, the United
States Substance Abuse and Mental Health Services Administration, the Council of
State Governments Consensus Project, and the National GAINS Center, relating to
practices shown to reduce recidivism of offenders with mental illness or
developmental disabilities. Standards and practices shall include, but shall
not be limited to, the use of a risk and needs assessment to identify the
likelihood of recidivating and identify the needs that, when met, reduce
recidivism. The Judicial Council of Georgia shall update its standards and
practices to incorporate research, findings, and developments in the mental
health court field. Each mental health court division shall adopt policies and
practices that are consistent with the standards and practices published by the
Judicial Council of Georgia.
(B)
On and after January 1, 2013, the Judicial Council of Georgia shall provide
technical assistance to mental health court divisions to assist them with the
implementation of policies and practices, including, but not limited to,
guidance on the implementation of risk and needs assessments in mental health
court divisions.
(C)
On or before July 1, 2013, the Judicial Council of Georgia shall create and
manage a certification and peer review process to ensure mental health court
divisions are adhering to the Judicial Council of Georgia's standards and
practices and shall create a waiver process for mental health court divisions to
seek an exception to the Judicial Council of Georgia's standards and practices.
In order to receive state appropriated funds, any mental health court division
established on and after July 1, 2013, shall be certified pursuant to this
subparagraph or, for good cause shown to the Judicial Council of Georgia, shall
receive a waiver from the Judicial Council of Georgia.
(D)
On and after July 1, 2013, the award of any state funds for a mental health
court division shall be conditioned upon a mental health court division
attaining certification or a waiver by the Judicial Council of Georgia. On or
before September 1, the Judicial Council of Georgia shall publish an annual
report listing of certified mental health court divisions.
(E)
Pursuant to Code Section 15-5-24, the Administrative Office of the Courts shall
develop and manage an electronic information system for performance measurement
and accept submission of performance data in a consistent format from all mental
health court divisions. The Judicial Council of Georgia shall identify elements
necessary for performance measurement, including, but not limited to,
recidivism, the number of moderate-risk and high-risk participants in a mental
health court division, drug testing results, drug testing failures, the number
of participants who successfully complete the program, and the number of
participants who fail to complete the program.
(F)
On or before July 1, 2015, and every three years thereafter, the Judicial
Council of Georgia shall conduct a performance peer review of the mental health
court divisions for the purpose of improving mental health court division policy
and practices and the certification and recertification process.
(5)
The court instituting the mental health court division may request the district
attorney for the judicial circuit or solicitor-general for the state court for
the jurisdiction to designate one or more prosecuting attorneys to serve in the
mental health court division and may request the circuit public defender, if
any, to designate one or more assistant public defenders to serve in the mental
health court division.
(6)
The clerk of the court instituting the mental health court division or such
clerk's designee shall serve as the clerk of the mental health court
division.
(7)
The court instituting the mental health court division may request other
employees of the court to perform duties for the mental health court division.
Such employees shall perform duties as directed by the judges of the mental
health court division.
(8)
The court instituting the mental health court division may enter into agreements
with other courts and agencies for the assignment of personnel from other courts
and agencies to the mental health court division, including probation
supervision.
(9)
Expenses for salaries, equipment, services, and supplies incurred in
implementing this Code section may be paid from state funds, funds of the county
or political subdivision implementing such mental health court division, federal
grant funds, and funds from private donations.
(10)
As used in this Code section, the term 'risk and needs assessment' means an
actuarial tool, approved by the Judicial Council of Georgia and validated on a
targeted population, scientifically proven to determine a person's risk to
recidivate and to identify criminal risk factors that, when properly addressed,
can reduce that person's likelihood of committing future criminal
behavior."
SECTION
2-3.
Said
title is further amended by revising subsection (f) of Code Section 15-18-80,
relating to policy and procedure for pretrial intervention and diversion
programs, as follows:
"(f)
The prosecuting attorney shall be authorized to assess and collect from each
offender who enters the program a fee not to exceed
$300.00
$1,000.00
for the administration of the program.
Such fee may
be waived in part or in whole or made payable in monthly increments upon a
showing of good cause to the prosecuting
attorney. Any fee collected under this
subsection shall be made payable to the general fund of the political
subdivision in which the case is being prosecuted."
SECTION
2-4.
Said
title is further amended by revising Article 6 of Chapter 21, relating to the
County Drug Abuse Treatment and Education Fund, as follows:
"ARTICLE
6
15-21-100.
(a)
In every case in which any court shall impose a fine, which shall be construed
to include costs, for any offense prohibited by Code Section 16-13-30,
16-13-30.1,
or
16-13-30.2,
16-13-30.3, 16-13-30.5, 16-13-31,
which
offenses relate to certain activities regarding marijuana, controlled
substances, and noncontrolled substances
16-13-31.1,
16-13-32, 16-13-32.1, 16-13-32.2, 16-13-32.3, 16-13-32.4, 16-13-32.5, or
16-13-32.6, there shall be imposed as an
additional penalty a sum equal to 50 percent of the original fine.
The additional
50 percent penalty shall also be imposed in every case in which a fine is
imposed for violation of:
(1)
Code Section 3-3-23.1;
(2)
Code Section 40-6-391; or
(3)
Code Section 40-6-393 or 40-6-394 if the offender was also charged with a
violation of Code Section 40-6-391.
If
no fine is provided for in the applicable Code section, and the judge places the
defendant on probation, the fine authorized by Code Section 17-10-8 shall be
applicable.
(b)
The sums required by subsection (a) of this Code section shall be in addition to
the amount required by Code Section 47-17-60 to be paid into the Peace Officers'
Annuity and Benefit Fund or Code Section 47-11-51 concerning the Judges of the
Probate Courts Retirement Fund of Georgia.
15-21-101.
(a)
The sums provided for in Code Section 15-21-100 shall be collected by the clerk
or court officer charged with the duty of collecting moneys arising from fines
and forfeited bonds and shall be paid over to the governing authority of the
county in which the court is located upon receipt of the fine and assessment if
paid in full at the time of sentencing or upon receipt of the final payment if
the fine is paid in installments. Those sums paid over to the governing
authority shall be deposited thereby into a special account to be known as the
'County Drug Abuse Treatment and Education Fund.'
(b)
Moneys collected pursuant to this article and placed in the 'County Drug Abuse
Treatment and Education Fund' shall be expended by the governing authority of
the county for which the fund is established solely and
exclusively:
(1)
For drug abuse treatment and education
programs relating to controlled
substances,
alcohol, and
marijuana;
and
(2)
If a drug court division has been established in the county under Code Section
15-1-15, for purposes of the drug court
division.
This
article shall not preclude the appropriation or expenditure of other funds by
the governing authority of any county or by the General Assembly for the purpose
of drug abuse treatment or education programs
or drug court
divisions."
PART
III
CRIMES AND OFFENSES
SECTION 3-1.
CRIMES AND OFFENSES
SECTION 3-1.
Title
16 of the Official Code of Georgia Annotated, relating to crimes and offenses,
is amended by revising Code Section 16-7-1, relating to burglary, as
follows:
"16-7-1.
(a)
As used in this Code section, the term:
(1)
'Dwelling' means any building, structure, or portion thereof which is designed
or intended for occupancy for residential use.
(2)
'Railroad car' shall also include trailers on flatcars, containers on flatcars,
trailers on railroad property, or containers on railroad property.
(a)(b)
A person commits the offense of burglary
in the first
degree when, without authority and with
the intent to commit a felony or theft therein, he
or
she enters or remains within
the
an occupied,
unoccupied, or vacant dwelling house of
another or any building, vehicle, railroad car, watercraft,
aircraft,
or other such structure designed for use as the dwelling of another
or enters
or remains within any other building, railroad car, aircraft, or any room or any
part thereof. A person
convicted
of
who
commits the offense of
burglary,
for the first such offense
in the first
degree shall be guilty of a felony and, upon conviction
thereof, shall be punished by imprisonment
for not less than one nor more than 20 years.
For the
purposes of this Code section, the term 'railroad car' shall also include
trailers on flatcars, containers on flatcars, trailers on railroad property, or
containers on railroad property.
Upon the
second conviction for burglary in the first degree, the defendant shall be
guilty of a felony and shall be punished by imprisonment for not less than two
nor more that 20 years. Upon the third and all subsequent convictions for
burglary in the first degree, the defendant shall be guilty of a felony and
shall be punished by imprisonment for not less than five nor more than 25
years.
(c)
A person commits the offense of burglary in the second degree when, without
authority and with the intent to commit a felony or theft therein, he or she
enters or remains within an occupied, unoccupied, or vacant building, structure,
vehicle, railroad car, watercraft, or aircraft. A person who commits the
offense of burglary in the second degree shall be guilty of a felony and, upon
conviction thereof, shall be punished by imprisonment for not less than one nor
more than five years. Upon the second and all subsequent convictions for
burglary in the second degree, the defendant shall be guilty of a felony and
shall be punished by imprisonment for not less than one nor more than eight
years.
(b)(d)
Upon a
second
conviction
fourth and all
subsequent convictions for a crime of
burglary
occurring
after the first conviction, a person shall be punished by imprisonment for not
less than two nor more than 20 years. Upon a third conviction for the crime of
burglary occurring after the first conviction, a person shall be punished by
imprisonment for not less than five nor more than 20 years.
Adjudication
in any degree,
adjudication of guilt or imposition of
sentence shall not be suspended, probated, deferred, or withheld
for any
offense punishable under this
subsection."
SECTION
3-2.
Said
title is further amended by revising Code Section 16-8-12, relating to penalties
for theft in violation of Code Sections 16-8-2 through 16-8-9, as
follows:
"16-8-12.
(a)
A person convicted of a violation of Code Sections 16-8-2 through 16-8-9 shall
be punished as for a misdemeanor except:
(1)(A)
If the property which was the subject of the theft exceeded
$500.00
$24,999.99
in value, by imprisonment for not less than
one
two
nor more than
ten
20
years or,
in the discretion of the trial judge, as for a
misdemeanor;
(B)
If the property which was the subject of the theft was at least $5,000.00 in
value but was less than $25,000.00 in value, by imprisonment for not less than
one nor more than ten years and, in the discretion of the trial judge, as for a
misdemeanor;
(C)
If the property which was the subject of the theft was at least $1,500.01 in
value but was less than $5,000.00 in value, by imprisonment for not less than
one nor more than five years and, in the discretion of the trial judge, as for a
misdemeanor; and
(D)
If the defendant has two prior convictions for a violation of Code Sections
16-8-2 through 16-8-9, upon a third conviction or subsequent conviction, such
defendant shall be guilty of a felony and shall be punished by imprisonment for
not less than one nor more than five years and, in the discretion of the trial
judge, as for a misdemeanor;
(2)
If the property was any amount of anhydrous ammonia, as defined in Code Section
16-11-111, by imprisonment for not less than one nor more than ten years, a fine
not to exceed the amount provided by Code Section 17-10-8, or both;
(3)
If the property was taken by a fiduciary in breach of a fiduciary obligation or
by an officer or employee of a government or a financial institution in breach
of his or her duties as such officer or employee, by imprisonment for not less
than one nor more than 15 years, a fine not to exceed the amount provided by
Code Section 17-10-8, or both;
(4)
If the crime committed was a violation of Code Section 16-8-2 and if the
property which was the subject of the theft was a memorial to the dead or any
ornamentation, flower, tree, or shrub placed on, adjacent to, or within any
enclosure of a memorial to the dead, by imprisonment for not less than one nor
more than three years. Nothing in this paragraph shall be construed as to cause
action taken by a cemetery, cemetery owner, lessee, trustee, church, religious
or fraternal organization, corporation, civic organization, or club legitimately
attempting to clean, maintain, care for, upgrade, or beautify a grave,
gravesite, tomb, monument, gravestone, or other structure or thing placed or
designed for a memorial of the dead to be a criminal act;
(5)(A)
The provisions of paragraph (1) of this subsection notwithstanding,
if the
property which was the subject of the theft was a motor vehicle or was a motor
vehicle part or component which exceeded $100.00 in value
or if the theft or unlawful activity was
committed in violation of subsection (b) of Code Section 10-1-393.5 or in
violation of subsection (b) of Code Section 10-1-393.6 or while engaged in
telemarketing conduct in violation of Chapter 5B of Title 10, by imprisonment
for not less than one nor more than ten years or, in the discretion of the trial
judge, as for a misdemeanor; provided, however, that any person who is convicted
of a second or subsequent offense under this paragraph shall be punished by
imprisonment for not less than one year nor more than 20 years.
(B)
Subsequent offenses committed under this paragraph, including those which may
have been committed after prior felony convictions unrelated to this paragraph,
shall be punished as provided in Code Section 17-10-7;
(6)(A)
As used in this paragraph, the term:
(i)
'Destructive device' means a destructive device as such term is defined by Code
Section 16-7-80.
(ii)
'Explosive' means an explosive as such term is defined by Code Section
16-7-80.
(iii)
'Firearm' means any rifle, shotgun, pistol, or similar device which propels a
projectile or projectiles through the energy of an explosive.
(B)
If the property which was the subject of the theft offense was a destructive
device, explosive, or firearm, by imprisonment for not less than one nor more
than ten years;
(7)
If the property which was the subject of the theft is a grave marker, monument,
or memorial to one or more deceased persons who served in the military service
of this state, the United States of America or any of the states thereof, or the
Confederate States of America or any of the states thereof, or a monument,
plaque, marker, or memorial which is dedicated to, honors, or recounts the
military service of any past or present military personnel of this state, the
United States of America or any of the states thereof, or the Confederate States
of America or any of the states thereof, and if such grave marker, monument,
memorial, plaque, or marker is privately owned or located on privately owned
land, by imprisonment for not less than one nor more than three years if the
value of the property which was the subject of the theft is
$300.00
$1,000.00
or less, and by imprisonment for not less than three years and not more than
five years if the value of the property which was the subject of the theft is
more than
$300.00
$1,000.00;
(8)
If the property that was the subject of the theft was a vehicle engaged in
commercial transportation of cargo or any appurtenance thereto,
including,
without
limitation,
any such trailer, semitrailer, container, or other associated equipment, or the
cargo being transported therein or thereon, by imprisonment for not less than
three years nor more than ten years, a fine not less than $5,000.00 nor more
than $50,000.00, and, if applicable, the revocation of the defendant's
commercial driver's license in accordance with Code Section 40-5-151, or any
combination of such penalties. For purposes of this paragraph, the term
'vehicle'
includes,
without
limitation,
any railcar; or
(9)
Notwithstanding the provisions of paragraph (1) of this subsection, if the
property of the theft was ferrous metals or regulated metal property, as such
terms are defined in Code Section 10-1-350, and the sum of the aggregate amount
of such property, in its original and undamaged condition, plus any reasonable
costs which are or would be incurred in the repair or the attempt to recover any
property damaged in the theft or removal of such regulated metal property,
exceeds $500.00, by imprisonment for not less than one nor more than five years,
a fine of not more than $5,000.00, or both.
(b)
Except as otherwise provided in paragraph (5) of subsection (a) of this Code
section, any person who commits the offense of theft by deception when the
property which was the subject of the theft exceeded $500.00 in value and the
offense was committed against a person who is 65 years of age or older shall,
upon conviction thereof, be punished by imprisonment for not less than five nor
more than ten years.
(c)
Where a violation of Code Sections 16-8-2 through 16-8-9 involves the theft of a
growing or otherwise unharvested commercial agricultural product which is being
grown or produced as a crop, such offense shall be punished by a fine of not
less than
$500.00
$1,000.00
and not more than the maximum fine otherwise authorized by law. This minimum
fine shall not in any such case be subject to suspension, stay, or probation.
This minimum fine shall not be required in any case in which a sentence of
confinement is imposed and such sentence of confinement is not suspended,
stayed, or probated; but this subsection shall not prohibit imposition of any
otherwise authorized fine in such a case."
SECTION
3-3.
Said
title is further amended by revising Code Section 16-8-14, relating to theft by
shoplifting, as follows:
"16-8-14.
(a)
A person commits the offense of theft by shoplifting when
he
such
person alone or in concert with another
person, with the intent of appropriating merchandise to his
or
her own use without paying for the same or
to deprive the owner of possession thereof or of the value thereof, in whole or
in part, does any of the following:
(1)
Conceals or takes possession of the goods or merchandise of any store or retail
establishment;
(2)
Alters the price tag or other price marking on goods or merchandise of any store
or retail establishment;
(3)
Transfers the goods or merchandise of any store or retail establishment from one
container to another;
(4)
Interchanges the label or price tag from one item of merchandise with a label or
price tag for another item of merchandise; or
(5)
Wrongfully causes the amount paid to be less than the merchant's stated price
for the merchandise.
(b)(1)
A person convicted of the offense of theft by shoplifting, as provided in
subsection (a) of this Code section, when the property which was the subject of
the theft is
$300.00
$500.00
or less in value shall be punished as for a misdemeanor; provided, however,
that:
(A)
Upon conviction of a second offense for shoplifting, where the first offense is
either a felony or a misdemeanor, as defined by this Code section, in addition
to or in lieu of any imprisonment which might be imposed, the defendant shall be
fined not less than
$250.00
$500.00,
and the fine shall not be suspended or probated;
(B)
Upon conviction of a third offense for shoplifting, where the first two offenses
are either felonies or misdemeanors, or a combination of a felony and a
misdemeanor, as defined by this Code section, in addition to or in lieu of any
fine which might be imposed, the defendant shall be punished by imprisonment for
not less than 30 days or confinement in a 'special alternative
incarceration-probation boot camp,' probation detention center, diversion
center, or other community correctional facility of the Department of
Corrections for a period of 120 days or shall be sentenced to monitored house
arrest for a period of 120 days and, in addition to either such types of
confinement, may be required to undergo psychological evaluation and treatment
to be paid for by the defendant; and such sentence of imprisonment or
confinement shall not be suspended, probated, deferred, or withheld;
and
(C)
Upon conviction of a fourth or subsequent offense for shoplifting, where the
prior convictions are either felonies or misdemeanors, or any combination of
felonies and misdemeanors, as defined by this Code section, the defendant
commits a felony and shall be punished by imprisonment for not less than one nor
more than ten years; and the first year of such sentence shall not be suspended,
probated, deferred, or withheld.
(2)
A person convicted of the offense of theft by shoplifting, as provided in
subsection (a) of this Code section, when the property which was the subject of
the theft exceeds
$300.00
$500.00
in value commits a felony and shall be punished by imprisonment for not less
than one nor more than ten years.
(3)
A person convicted of the offense of theft by shoplifting, as provided in
subsection (a) of this Code section, when the property which was the subject of
the theft is taken from three separate stores or retail establishments within
one county during a period of seven days or less and when
the aggregate
value of the property which was the
subject of each theft exceeds
$100.00
$500.00
in value, commits a felony and shall be punished by imprisonment for not less
than one nor more than ten years.
(4)
A person convicted of the offense of theft by shoplifting, as provided in
subsection (a) of this Code section, when the property which was the subject of
the theft is taken during a period of 180 days and when the aggregate value of
the property which was the subject of each theft exceeds $500.00 in value,
commits a felony and shall be punished by imprisonment for not less than one nor
more than ten years.
(c)
In all cases involving theft by shoplifting, the term 'value' means the actual
retail price of the property at the time and place of the offense. The
unaltered price tag or other marking on property, or duly identified photographs
thereof, shall be prima-facie evidence of value and ownership of the
property.
(d)
Subsection (b) of this Code section shall in no way affect the authority of a
sentencing judge to provide for a sentence to be served on weekends or during
the nonworking hours of the defendant as provided in Code Section 17-10-3,
relative to punishment for misdemeanors."
SECTION
3-4.
Said
title is further amended by revising Code Section 16-8-17, relating to
counterfeit Universal Product Codes, as follows:
"16-8-17.
(a)(1)
Except as provided in paragraph (2) of this subsection, a person who, with
intent to cheat or defraud a retailer, possesses, uses, utters, transfers,
makes, alters, counterfeits, or reproduces a retail sales receipt or a Universal
Product Code label which results in a theft of property which exceeds
$300.00
$500.00
in value commits a felony and shall be punished by imprisonment for not less
than one nor more than three years or by a fine or both.
(2)
A person convicted of a violation of paragraph (1) of this subsection, when the
property which was the subject of the theft resulting from the unlawful use of
retail sales receipts or Universal Product Code labels is taken from three
separate stores or retail establishments within one county during a period of
seven days or less and when the
aggregate
value of the property which was the
subject of each theft exceeds
$100.00
$500.00
in value, commits a felony and shall be punished by imprisonment for not less
than one nor more than ten years.
(b)
A person who, with intent to cheat or defraud a retailer, possesses 15 or more
fraudulent retail sales receipts or Universal Product Code labels or possesses a
device the purpose of which is to manufacture fraudulent retail sales receipts
or Universal Product Code labels
will
shall
be guilty of a felony and punished by imprisonment for not less than one nor
more than ten years."
SECTION
3-5.
Said
title is further amended by revising Code Sections 16-9-1, 16-9-2, and 16-9-3,
relating to forgery in the first degree, forgery in the second degree, and
"writing" defined, respectively, as follows:
"16-9-1.
(a)
As used in
this Code section, the term:
(1)
'Bank' means incorporated banks, savings banks, banking companies, trust
companies, credit unions, and other corporations doing a banking
business.
(2)
'Check' means any instrument for the payment or transmission of money payable on
demand and drawn on a bank.
(3)
'Writing' includes, but shall not be limited to, printing or any other method of
recording information, money, coins, tokens, stamps, seals, credit cards,
badges, trademarks, and other symbols of value, right, privilege, or
identification.
(b)
A person commits the offense of forgery in the first degree when with
the
intent to defraud he
or
she knowingly makes, alters, or possesses
any writing,
other than a check, in a fictitious name
or in such manner that the writing as made or altered purports to have been made
by another person, at another time, with different provisions, or by authority
of one who did not give such authority and utters or delivers such
writing.
(b)
A person convicted of the offense of forgery in the first degree shall be
punished by imprisonment for not less than one nor more than ten
years.
(c)
A person commits the offense of forgery in the second degree when with the
intent to defraud he or she knowingly makes, alters, or possesses any writing,
other than a check, in a fictitious name or in such manner that the writing as
made or altered purports to have been made by another person, at another time,
with different provisions, or by authority of one who did not give such
authority.
(d)
A person commits the offense of forgery in the third degree when with the intent
to defraud he or she knowingly:
(1)
Makes, alters, possesses, utters, or delivers any check written in the amount of
$1,500.00 or more in a fictitious name or in such manner that the check as made
or altered purports to have been made by another person, at another time, with
different provisions, or by authority of one who did not give such authority;
or
(2)
Possesses ten or more checks written without a specified amount in a fictitious
name or in such manner that the checks as made or altered purport to have been
made by another person, at another time, with different provisions, or by
authority of one who did not give such authority.
(e)
A person commits the offense of forgery in the fourth degree when with the
intent to defraud he or she knowingly:
(1)
Makes, alters, possesses, utters, or delivers any check written in the amount of
less than $1,500.00 in a fictitious name or in such manner that the check as
made or altered purports to have been made by another person, at another time,
with different provisions, or by authority of one who did not give such
authority; or
(2)
Possesses less than ten checks written without a specified amount in a
fictitious name or in such manner that the checks as made or altered purport to
have been made by another person, at another time, with different provisions, or
by authority of one who did not give such authority.
16-9-2.
(a)
A person who
commits the offense of forgery in the first degree shall be guilty of a felony
and, upon conviction thereof, shall be punished by imprisonment for not less
than one nor more than 15 years.
A person
commits the offense of forgery in the second degree when with the intent to
defraud he knowingly makes, alters, or possesses any writing in a fictitious
name or in such manner that the writing as made or altered purports to have been
made by another person, at another time, with different provisions, or by
authority of one who did not give such authority.
(b)
A person
convicted
of
who
commits the offense of forgery in the
second degree shall be
guilty of a
felony and, upon conviction thereof, shall
be punished by imprisonment for not less
than one nor more than five years.
(c)
A person who commits the offense of forgery in the third degree shall be guilty
of a felony and, upon conviction thereof, shall be punished by imprisonment for
not less than one nor more than five years.
(d)
A person who commits the offense of forgery in the fourth degree shall be guilty
of a misdemeanor; provided, however, that upon the third and all subsequent
convictions for such offense, the defendant shall be guilty of a felony and
shall be punished by imprisonment for not less than one nor more than five
years.
16-9-3.
For
purposes of Code Sections 16-9-1 and 16-9-2, the word 'writing' includes, but is
not limited to, printing or any other method of recording information, money,
coins, tokens, stamps, seals, credit cards, badges, trademarks, and other
symbols of value, right, privilege, or
identification.
Reserved."
SECTION
3-6.
Said
title is further amended by revising subsection (b) of Code Section 16-9-20,
relating to deposit account fraud, as follows:
"(b)(1)
Except as provided in paragraphs (2) and (3) of this subsection and subsection
(c) of this Code section, a person convicted of the offense of deposit account
fraud shall be guilty of a misdemeanor and, upon conviction thereof, shall be
punished as follows:
(A)
When the instrument is for less than
$100.00
$500.00,
a fine of not more than $500.00 or imprisonment not to exceed 12 months, or
both;
(B)
When the instrument is for
$100.00
$500.00
or more but less than
$300.00
$1,000.00,
a fine of not more than $1,000.00 or imprisonment not to exceed 12 months, or
both; or
(C)
When more than one instrument is involved and such instruments were drawn within
90 days of one another and each is in an amount less than
$100.00
$500.00,
the amounts of such separate instruments may be added together to arrive at and
be punishable under subparagraph (B) of this paragraph.
(2)
Except as provided in paragraph (3) of this subsection and subsection (c) of
this Code section, a person convicted of the offense of deposit account fraud,
when the instrument is for an amount of not less than
$300.00
$1,000.00
nor more than
$499.99
$1,499.99,
shall be guilty of a misdemeanor of a high and aggravated nature. When more
than one instrument is involved and such instruments were given to the same
entity within a 15 day period and the cumulative total of such instruments is
not less than
$300.00
$1,000.00
nor more than
$499.99
$1,499.00,
the person drawing and giving such instruments shall upon conviction be guilty
of a misdemeanor of a high and aggravated nature.
(3)
Except as provided in subsection (c) of this Code section, a person convicted of
the offense of deposit account fraud, when the instrument is for
$500.00
$1,500.00
or more, shall be guilty of a felony and, upon conviction thereof, shall be
punished by a fine of not less than $500.00 nor more than $5,000.00 or by
imprisonment for not more than three years, or both.
(4)
Upon conviction of a first or any subsequent offense under this subsection or
subsection (c) of this Code section, in addition to any other punishment
provided by this Code section, the defendant shall be required to make
restitution of the amount of the instrument, together with all costs of bringing
a complaint under this Code section. The court may require the defendant to pay
as interest a monthly payment equal to 1 percent of the amount of the
instrument. Such amount shall be paid each month in addition to any payments on
the principal until the entire balance, including the principal and any unpaid
interest payments, is paid in full. Such amount shall be paid without regard to
any reduction in the principal balance owed. Costs shall be determined by the
court from competent evidence of costs provided by the party causing the
criminal warrant or citation to issue; provided, however, that the minimum costs
shall not be less than $25.00. Restitution may be made while the defendant is
serving a probated or suspended sentence."
SECTION
3-7A.
Said
title is further amended by revising Code Section 16-13-30, relating to
purchase, possession, manufacture, distribution, or sale of controlled
substances or marijuana and penalties, as follows:
"16-13-30.
(a)
Except as authorized by this article, it is unlawful for any person to purchase,
possess, or have under his
or
her control any controlled
substance.
(b)
Except as authorized by this article, it is unlawful for any person to
manufacture, deliver, distribute, dispense, administer, sell, or possess with
intent to distribute any controlled substance.
(c)
Except as otherwise provided, any person who violates subsection (a) of this
Code section with respect to a controlled substance in Schedule I or a narcotic
drug in Schedule II shall be guilty of a felony and, upon conviction
thereof, shall be punished by imprisonment for not less than
two
years
one
year nor more than 15 years.
Upon
conviction of a second or subsequent offense, he shall be imprisoned for not
less than five years nor more than 30 years.
(d)
Except as otherwise provided, any person who violates subsection (b) of this
Code section with respect to a controlled substance in Schedule I or Schedule II
shall be guilty of a felony and, upon conviction thereof, shall be punished by
imprisonment for not less than five years nor more than 30 years. Upon
conviction of a second or subsequent offense, he or she shall be imprisoned for
not less than ten years nor more than 40 years or life imprisonment. The
provisions of subsection (a) of Code Section 17-10-7 shall not apply to a
sentence imposed for a second such offense; provided, however, that the
remaining provisions of Code Section 17-10-7 shall apply for any subsequent
offense.
(e)
Any person who violates subsection (a) of this Code section with respect to a
controlled substance in Schedule II, other than a narcotic drug, shall be guilty
of a felony and, upon conviction thereof, shall be punished by imprisonment for
not less than
two
years
one
year nor more than 15 years.
Upon
conviction of a second or subsequent offense, he shall be punished by
imprisonment for not less than five years nor more than 30 years.
(f)
Reserved.
(g)
Except as
provided in subsection (l) of this Code section,
any
Any
person who violates subsection (a) of this Code section with respect to a
controlled substance in Schedule III, IV, or V shall be guilty of a felony and,
upon conviction thereof, shall be punished by imprisonment for not less than one
year nor more than
five
three
years. Upon conviction of a
second
third
or subsequent offense, he
or
she shall be imprisoned for not less than
one year nor more than
ten
five
years.
(h)
Any person who violates subsection (b) of this Code section with respect to a
controlled substance in Schedule III, IV, or V shall be guilty of a felony and,
upon conviction thereof, shall be punished by imprisonment for not less than one
year nor more than ten years.
(i)(1)
Except as authorized by this article, it is unlawful for any person to
possess,
or
have under his
or
her
control,
manufacture, deliver, distribute, dispense, administer, purchase, sell, or
possess with intent to distribute a
counterfeit substance. Any person who violates this
subsection
paragraph
shall be guilty of a felony and, upon conviction thereof, shall be punished by
imprisonment for not less than one year nor more than
ten
two
years.
(2)
Except as authorized by this article, it is unlawful for any person to
manufacture, deliver, distribute, dispense, administer, purchase, sell, or
possess with intent to distribute a counterfeit substance. Any person who
violates this paragraph shall be guilty of a felony and, upon conviction
thereof, shall be punished by imprisonment for not less than one year nor more
than ten years.
(j)(1)
It
is
shall
be unlawful for any person to possess,
have under his
or
her control, manufacture, deliver,
distribute, dispense, administer, purchase, sell, or possess with intent to
distribute marijuana.
(2)
Except as otherwise provided in subsection (c) of Code Section 16-13-31 or in
Code Section 16-13-2, any person who violates this subsection shall be guilty of
a felony and, upon conviction thereof, shall be punished by imprisonment for not
less than one year nor more than ten years.
(k)
It shall be unlawful for any person to hire, solicit, engage, or use an
individual under the age of 17 years, in any manner, for the purpose of
manufacturing, distributing, or dispensing, on behalf of the solicitor, any
controlled substance, counterfeit substance, or marijuana unless the
manufacturing, distribution, or dispensing is otherwise allowed by law. Any
person who violates this subsection shall be guilty of a felony and, upon
conviction thereof, shall be punished by imprisonment for not less than five
years nor more than 20 years or by a fine not to exceed $20,000.00, or
both.
(l)(1)
Any person who violates subsection (a) of this Code section with respect to
flunitrazepam, a Schedule IV controlled substance, shall be guilty of a felony
and, upon conviction thereof, shall be punished by imprisonment for not less
than two
years
one
year nor more than 15 years.
Upon
conviction of a second or subsequent offense, such person shall be punished by
imprisonment for not less than five years nor more than 30 years.
(2)
Any person who violates subsection (b) of this Code section with respect to
flunitrazepam, a Schedule IV controlled substance, shall be guilty of a felony
and, upon conviction thereof, shall be punished by imprisonment for not less
than five years nor more than 30 years. Upon conviction of a second or
subsequent offense, such person shall be punished by imprisonment for not less
than ten years nor more than 40 years or life imprisonment. The provisions of
subsection (a) of Code Section 17-10-7 shall not apply to a sentence imposed for
a second such offense, but that subsection and the remaining provisions of Code
Section 17-10-7 shall apply for any subsequent offense."
SECTION
3-7B.
Said
title is further amended by revising Code Section 16-13-30, relating to
purchase, possession, manufacture, distribution, or sale of controlled
substances or marijuana and penalties, as follows:
"16-13-30.
(a)
Except as authorized by this article, it is unlawful for any person to purchase,
possess, or have under his
or
her control any controlled
substance.
(b)
Except as authorized by this article, it is unlawful for any person to
manufacture, deliver, distribute, dispense, administer, sell, or possess with
intent to distribute any controlled substance.
(c)
Except as otherwise provided, any person who violates subsection (a) of this
Code section with respect to a controlled substance in Schedule I or a narcotic
drug in Schedule II shall be guilty of a felony and, upon conviction
thereof, shall be punished
by
imprisonment for not less than two years nor more than 15 years. Upon
conviction of a second or subsequent offense, he shall be imprisoned for not
less than five years nor more than 30
years
as
follows:
(1)
If the aggregate weight, including any mixture, is less than one gram of a solid
substance, less than one milliliter of a liquid substance, or if the substance
is placed onto a secondary medium with a combined weight of less than one gram,
by imprisonment for not less than one nor more than three years;
(2)
If the aggregate weight, including any mixture, is at least one gram but less
than four grams of a solid substance, at least one milliliter but less than four
milliliters of a liquid substance, or if the substance is placed onto a
secondary medium with a combined weight of at least one gram but less than four
grams, by imprisonment for not less than one nor more than eight years;
and
(3)(A)
Except as provided in subparagraph (B) of this paragraph, if the aggregate
weight, including any mixture, is at least four grams but less than 28 grams of
a solid substance, at least four milliliters but less than 28 milliliters of a
liquid substance, or if the substance is placed onto a secondary medium with a
combined weight of at least four grams but less than 28 grams, by imprisonment
for not less than one nor more than 15 years.
(B)
This paragraph shall not apply to morphine, heroin, or opium or any salt,
isomer, or salt of an isomer; rather, the provisions of Code Section 16-13-31
shall control these
substances.
(d)
Except as otherwise provided, any person who violates subsection (b) of this
Code section with respect to a controlled substance in Schedule I or Schedule II
shall be guilty of a felony and, upon conviction thereof, shall be punished by
imprisonment for not less than five years nor more than 30 years. Upon
conviction of a second or subsequent offense, he or she shall be imprisoned for
not less than ten years nor more than 40 years or life imprisonment. The
provisions of subsection (a) of Code Section 17-10-7 shall not apply to a
sentence imposed for a second such offense; provided, however, that the
remaining provisions of Code Section 17-10-7 shall apply for any subsequent
offense.
(e)
Any person who violates subsection (a) of this Code section with respect to a
controlled substance in Schedule II, other than a narcotic drug, shall be guilty
of a felony and, upon conviction thereof, shall be punished
by
imprisonment for not less than two years nor more than 15 years. Upon
conviction of a second or subsequent offense, he shall be punished by
imprisonment for not less than five years nor more than 30
years
as
follows:
(1)
If the aggregate weight, including any mixture, is less than two grams of a
solid substance, less than two milliliters of a liquid substance, or if the
substance is placed onto a secondary medium with a combined weight of less than
two grams, by imprisonment for not less than one nor more than three
years;
(2)
If the aggregate weight, including any mixture, is at least two grams but less
than four grams of a solid substance, at lease two milliliters but less than
four milliliters of a liquid substance, or if the substance is placed onto a
secondary medium with a combined weight of at least two grams but less than four
grams, by imprisonment for not less than one nor more than eight years;
and
(3)
If the aggregate weight, including any mixture, is at least four grams but less
than 28 grams of a solid substance, at least four milliliters but less than 28
milliliters of a liquid substance, or if the substance is placed onto a
secondary medium with a combined weight of at least four grams but less than 28
grams, by imprisonment for not less than one nor more than 15
years.
(f)
Upon a third
or subsequent conviction for a violation of subsection (a) of this Code section
with respect to a controlled substance in Schedule I or II or subsection (i) of
this Code section, such person shall be punished by imprisonment for a term not
to exceed twice the length of the sentence applicable to the particular
crime.
Reserved.
(g)
Except as
provided in subsection (l) of this Code section,
any
Any
person who violates subsection (a) of this Code section with respect to a
controlled substance in Schedule III, IV, or V shall be guilty of a felony and,
upon conviction thereof, shall be punished by imprisonment for not less than one
year nor more than
five
three
years. Upon conviction of a
second
third
or subsequent offense, he
or
she shall be imprisoned for not less than
one year nor more than
ten
five
years.
(h)
Any person who violates subsection (b) of this Code section with respect to a
controlled substance in Schedule III, IV, or V shall be guilty of a felony and,
upon conviction thereof, shall be punished by imprisonment for not less than one
year nor more than ten years.
(i)(1)
Except as authorized by this article, it is unlawful for any person to
possess,
or
have under his
or
her
control,
manufacture, deliver, distribute, dispense, administer, purchase, sell, or
possess with intent to distribute a
counterfeit substance. Any person who violates this
subsection
paragraph
shall be guilty of a felony and, upon conviction thereof, shall be punished by
imprisonment for not less than one year nor more than
ten
two
years.
(2)
Except as authorized by this article, it is unlawful for any person to
manufacture, deliver, distribute, dispense, administer, purchase, sell, or
possess with intent to distribute a counterfeit substance. Any person who
violates this paragraph shall be guilty of a felony and, upon conviction
thereof, shall be punished by imprisonment for not less than one year nor more
than ten years.
(j)(1)
It
is
shall
be unlawful for any person to possess,
have under his
or
her control, manufacture, deliver,
distribute, dispense, administer, purchase, sell, or possess with intent to
distribute marijuana.
(2)
Except as otherwise provided in subsection (c) of Code Section 16-13-31 or in
Code Section 16-13-2, any person who violates this subsection shall be guilty of
a felony and, upon conviction thereof, shall be punished by imprisonment for not
less than one year nor more than ten years.
(k)
It shall be unlawful for any person to hire, solicit, engage, or use an
individual under the age of 17 years, in any manner, for the purpose of
manufacturing, distributing, or dispensing, on behalf of the solicitor, any
controlled substance, counterfeit substance, or marijuana unless the
manufacturing, distribution, or dispensing is otherwise allowed by law. Any
person who violates this subsection shall be guilty of a felony and, upon
conviction thereof, shall be punished by imprisonment for not less than five
years nor more than 20 years or by a fine not to exceed $20,000.00, or
both.
(l)(1)
Any person who violates subsection (a) of this Code section with respect to
flunitrazepam, a Schedule IV controlled substance, shall be guilty of a felony
and, upon conviction thereof, shall be punished by imprisonment for not less
than two
years
one
year nor more than 15 years.
Upon
conviction of a second or subsequent offense, such person shall be punished by
imprisonment for not less than five years nor more than 30 years.
(2)
Any person who violates subsection (b) of this Code section with respect to
flunitrazepam, a Schedule IV controlled substance, shall be guilty of a felony
and, upon conviction thereof, shall be punished by imprisonment for not less
than five years nor more than 30 years. Upon conviction of a second or
subsequent offense, such person shall be punished by imprisonment for not less
than ten years nor more than 40 years or life imprisonment. The provisions of
subsection (a) of Code Section 17-10-7 shall not apply to a sentence imposed for
a second such offense, but that subsection and the remaining provisions of Code
Section 17-10-7 shall apply for any subsequent offense.
(m)
As used in this Code section, the term 'solid substance' means tablets, pills,
capsules, caplets, or any varient of such
items."
SECTION
3-7C.
Said
title is further amended by revising Code Section 16-13-30, relating to
purchase, possession, manufacture, distribution, or sale of controlled
substances or marijuana and penalties, as follows:
"16-13-30.
(a)
Except as authorized by this article, it is unlawful for any person to purchase,
possess, or have under his
or
her control any controlled
substance.
(b)
Except as authorized by this article, it is unlawful for any person to
manufacture, deliver, distribute, dispense, administer, sell, or possess with
intent to distribute any controlled substance.
(c)
Except as otherwise provided, any person who violates subsection (a) of this
Code section with respect to a controlled substance in Schedule I or a narcotic
drug in Schedule II shall be guilty of a felony and, upon conviction
thereof, shall be punished
by
imprisonment for not less than two years nor more than 15 years. Upon
conviction of a second or subsequent offense, he shall be imprisoned for not
less than five years nor more than 30
years
as
follows:
(1)
If the aggregate weight, including any mixture, is less than one gram of a solid
substance, less than one milliliter of a liquid substance, or if the substance
is placed onto a secondary medium with a combined weight of less than one gram,
by imprisonment for not less than one nor more than three years;
(2)
If the aggregate weight, including any mixture, is at least one gram but less
than four grams of a solid substance, at least one milliliter but less than four
milliliters of a liquid substance, or if the substance is placed onto a
secondary medium with a combined weight of at least one gram but less than four
grams, by imprisonment for not less than one nor more than eight years;
and
(3)(A)
Except as provided in subparagraph (B) of this paragraph, if the aggregate
weight, including any mixture, is at least four grams but less than 28 grams of
a solid substance, at least four milliliters but less than 28 milliliters of a
liquid substance, or if the substance is placed onto a secondary medium with a
combined weight of at least four grams but less than 28 grams, by imprisonment
for not less than one nor more than 15 years.
(B)
This paragraph shall not apply to morphine, heroin, or opium or any salt,
isomer, or salt of an isomer; rather, the provisions of Code Section 16-13-31
shall control these
substances.
(d)
Except as otherwise provided, any person who violates subsection (b) of this
Code section with respect to a controlled substance in Schedule I or Schedule II
shall be guilty of a felony and, upon conviction thereof, shall be punished by
imprisonment for not less than five years nor more than 30 years. Upon
conviction of a second or subsequent offense, he or she shall be imprisoned for
not less than ten years nor more than 40 years or life imprisonment. The
provisions of subsection (a) of Code Section 17-10-7 shall not apply to a
sentence imposed for a second such offense; provided, however, that the
remaining provisions of Code Section 17-10-7 shall apply for any subsequent
offense.
(e)
Any person who violates subsection (a) of this Code section with respect to a
controlled substance in Schedule II, other than a narcotic drug, shall be guilty
of a felony and, upon conviction thereof, shall be punished
by
imprisonment for not less than two years nor more than 15 years. Upon
conviction of a second or subsequent offense, he shall be punished by
imprisonment for not less than five years nor more than 30
years
as
follows:
(1)
If the aggregate weight, including any mixture, is less than two grams of a
solid substance, less than two milliliters of a liquid substance, or if the
substance is placed onto a secondary medium with a combined weight of less than
two grams, by imprisonment for not less than one nor more than three
years;
(2)
If the aggregate weight, including any mixture, is at least two grams but less
than four grams of a solid substance, at lease two milliliters but less than
four milliliters of a liquid substance, or if the substance is placed onto a
secondary medium with a combined weight of at least two grams but less than four
grams, by imprisonment for not less than one nor more than eight years;
and
(3)
If the aggregate weight, including any mixture, is at least four grams but less
than 28 grams of a solid substance, at least four milliliters but less than 28
milliliters of a liquid substance, or if the substance is placed onto a
secondary medium with a combined weight of at least four grams but less than 28
grams, by imprisonment for not less than one nor more than 15
years.
(f)
Upon a third
or subsequent conviction for a violation of subsection (a) of this Code section
with respect to a controlled substance in Schedule I or II or subsection (i) of
this Code section, such person shall be punished by imprisonment for a term not
to exceed twice the length of the sentence applicable to the particular
crime.
Reserved.
(g)
Except as
provided in subsection (l) of this Code section,
any
Any
person who violates subsection (a) of this Code section with respect to a
controlled substance in Schedule III, IV, or V shall be guilty of a felony and,
upon conviction thereof, shall be punished by imprisonment for not less than one
year nor more than
five
three
years. Upon conviction of a
second
third
or subsequent offense, he
or
she shall be imprisoned for not less than
one year nor more than
ten
five
years.
(h)
Any person who violates subsection (b) of this Code section with respect to a
controlled substance in Schedule III, IV, or V shall be guilty of a felony and,
upon conviction thereof, shall be punished by imprisonment for not less than one
year nor more than ten years.
(i)(1)
Except as authorized by this article, it is unlawful for any person to
possess,
or
have under his
or
her
control,
manufacture, deliver, distribute, dispense, administer, purchase, sell, or
possess with intent to distribute a
counterfeit substance. Any person who violates this
subsection
paragraph
shall be guilty of a felony and, upon conviction thereof, shall be punished by
imprisonment for not less than one year nor more than
ten
two
years.
(2)
Except as authorized by this article, it is unlawful for any person to
manufacture, deliver, distribute, dispense, administer, purchase, sell, or
possess with intent to distribute a counterfeit substance. Any person who
violates this paragraph shall be guilty of a felony and, upon conviction
thereof, shall be punished by imprisonment for not less than one year nor more
than ten years.
(j)(1)
It
is
shall
be unlawful for any person to possess,
have under his
or
her control, manufacture, deliver,
distribute, dispense, administer, purchase, sell, or possess with intent to
distribute marijuana.
(2)
Except as otherwise provided in subsection (c) of Code Section 16-13-31 or in
Code Section 16-13-2, any person who violates this subsection shall be guilty of
a felony and, upon conviction thereof, shall be punished by imprisonment for not
less than one year nor more than ten years.
(k)
It shall be unlawful for any person to hire, solicit, engage, or use an
individual under the age of 17 years, in any manner, for the purpose of
manufacturing, distributing, or dispensing, on behalf of the solicitor, any
controlled substance, counterfeit substance, or marijuana unless the
manufacturing, distribution, or dispensing is otherwise allowed by law. Any
person who violates this subsection shall be guilty of a felony and, upon
conviction thereof, shall be punished by imprisonment for not less than five
years nor more than 20 years or by a fine not to exceed $20,000.00, or
both.
(l)(1)
Any person who violates subsection (a) of this Code section with respect to
flunitrazepam, a Schedule IV controlled substance, shall be guilty of a felony
and, upon conviction thereof, shall be punished
by
imprisonment for not less than two years nor more than 15 years. Upon
conviction of a second or subsequent offense, such person shall be punished by
imprisonment for not less than five years nor more than 30
years
as
follows:
(A)
If the aggregate weight, including any mixture, is less than two grams of a
solid substance of flunitrazepam, less than two milliliters of liquid
flunitrazepam, or if flunitrazepam is placed onto a secondary medium with a
combined weight of less than two grams, by imprisonment for not less than one
nor more than three years;
(B)
If the aggregate weight, including any mixture, is at least two grams but less
than four grams of a solid substance of flunitrazepam, at lease two milliliters
but less than four milliliters of liquid flunitrazepam, or if the flunitrazepam
is placed onto a secondary medium with a combined weight of at least two grams
but less than four grams, by imprisonment for not less than one nor more than
eight years; and
(C)
If the aggregate weight, including any mixture, is at least four grams of a
solid substance of flunitrazepam, at least four milliliters of liquid
flunitrazepam, or if the flunitrazepam is placed onto a secondary medium with a
combined weight of at least four grams, by imprisonment for not less than one
nor more than 15 years.
(2)
Any person who violates subsection (b) of this Code section with respect to
flunitrazepam, a Schedule IV controlled substance, shall be guilty of a felony
and, upon conviction thereof, shall be punished by imprisonment for not less
than five years nor more than 30 years. Upon conviction of a second or
subsequent offense, such person shall be punished by imprisonment for not less
than ten years nor more than 40 years or life imprisonment. The provisions of
subsection (a) of Code Section 17-10-7 shall not apply to a sentence imposed for
a second such offense, but that subsection and the remaining provisions of Code
Section 17-10-7 shall apply for any subsequent offense.
(m)
As used in this Code section, the term 'solid substance' means tablets, pills,
capsules, caplets, or any varient of such
items."
SECTION
3-8.
Said
title is further amended by revising subsection (h) of Code Section 16-13-31,
relating to trafficking in cocaine, illegal drugs, marijuana, or methamphetamine
and penalties, as follows:
"(h)
Any person who violates any provision of this Code section
in regard
to trafficking in cocaine, illegal drugs, marijuana, or
methamphetamine shall be punished
by
imprisonment for not less than five years
nor
as provided
for in the applicable mandatory minimum punishment and for
not more than 30 years
of
imprisonment and by a fine not to exceed
$1 million."
PART
IV
CRIMINAL PROCEDURE
SECTION 4-1.
CRIMINAL PROCEDURE
SECTION 4-1.
Title
17 of the Official Code of Georgia Annotated, relating to criminal procedure, is
amended by revising Code Section 17-3-1, relating to limitation on prosecutions
generally, as follows:
"17-3-1.
(a)
A prosecution for murder may be commenced at any time.
(b)
Except as
otherwise provided in Code Section 17-3-2.1,
prosecution
Prosecution
for other crimes punishable by death or life imprisonment
must
shall
be commenced within seven years after the commission of the crime except as
provided by subsection
(c.1)
(d)
of this Code section; provided, however, that prosecution for the crime of
forcible rape
must
shall
be commenced within 15 years after the commission of the crime.
(c)
Except as
otherwise provided in Code Section 17-3-2.1,
prosecution
Prosecution
for felonies other than those specified in subsections (a), (b), and
(c.1)
(d)
of this Code section
must
shall
be commenced within four years after the commission of the crime, provided that
prosecution for felonies committed against victims who are at the time of the
commission of the offense under the age of 18 years
must
shall
be commenced within seven years after the commission of the crime.
(c.1)(d)
A prosecution for the following offenses may be commenced at any time when
deoxyribonucleic acid (DNA) evidence is used to establish the identity of the
accused:
(1)
Armed robbery, as defined in Code Section 16-8-41;
(2)
Kidnapping, as defined in Code Section 16-5-40;
(3)
Rape, as defined in Code Section 16-6-1;
(4)
Aggravated child molestation, as defined in Code Section 16-6-4;
(5)
Aggravated sodomy, as defined in Code Section 16-6-2; or
(6)
Aggravated sexual battery, as defined in Code Section 16-6-22.2;
provided,
however, that a sufficient portion of the physical evidence tested for DNA is
preserved and available for testing by the accused and provided, further,
that,
if the DNA evidence does not establish the identity of the accused, the
limitation on prosecution shall be as provided in subsections (b) and (c) of
this Code section.
(d)(e)
Prosecution for misdemeanors
must
shall
be commenced within two years after the commission of the
crime."
SECTION
4-2.
Said
title is further amended by revising Code Section 17-3-2.1, relating to
limitation on prosecution of certain offenses involving a victim under 16 years
of age, as follows:
"17-3-2.1.
(a)
For crimes
committed during the period beginning on July 1, 1992, and ending on June 30,
2012, if
If
the victim of a violation of:
(1)
Cruelty to
children, as defined in Code Section
16-5-70,
relating to cruelty to
children;
(2)
Rape, as
defined in Code Section
16-6-1,
relating to rape;
(3)
Sodomy or
aggravated sodomy, as defined in Code
Section
16-6-2,
relating to sodomy and aggravated
sodomy;
(4)
Statutory
rape, as defined in Code Section
16-6-3,
relating to statutory rape;
(5)
Child
molestation or aggravated child molestation, as defined
in Code Section
16-6-4,
relating to child molestation and aggravated child
molestation;
(6)
Enticing a
child for indecent purposes, as defined in
Code Section
16-6-5,
relating to enticing a child for indecent
purposes; or
(7)
Incest, as
defined in Code Section
16-6-22,
relating to incest,
is
under 16 years of age on the date of the violation, the applicable period within
which a prosecution
must
shall
be commenced under Code Section 17-3-1 or other applicable statute shall not
begin to run until the victim has reached the age of 16 or the violation is
reported to a law enforcement agency, prosecuting attorney, or other
governmental agency, whichever occurs earlier. Such law enforcement agency or
other governmental agency shall promptly report such allegation to the
appropriate prosecuting attorney.
(b)
For crimes
committed on and after July 1, 2012, if the victim of a violation
of:
(1)
Trafficking a person for sexual servitude, as defined in Code Section
16-5-46;
(2)
Cruelty to children in the first degree, as defined in Code Section
16-5-70;
(3)
Rape, as defined in Code Section 16-6-1;
(4)
Aggravated sodomy, as defined in Code Section 16-6-2;
(5)
Child molestation or aggravated child molestation, as defined in Code Section
16-6-4;
(6)
Enticing a child for indecent purposes, as defined in Code Section 16-6-5;
or
(7)
Incest, as defined in Code Section 16-6-22,
is
under 16 years of age on the date of the violation and the violation is not
subject to punishment as provided in paragraph (2) of subsection (b) of Code
Section 16-6-4, paragraph (2) of subsection (d) of Code Section 16-6-4, or
subsection (c) of Code Section 16-6-5, a prosecution may be commenced at any
time.
This Code
section shall apply to any offense designated in paragraphs (1) through (7) of
subsection (a) of this Code section occurring on or after July 1,
1992."
SECTION
4-3.
Said
title is further amended by revising paragraphs (2) and (5) of subsection (a) of
Code Section 17-10-1, relating to fixing of sentence, as follows:
"(2)
Active
probation
Probation
supervision shall terminate in all cases no later than two years from the
commencement of
active
probation supervision unless specially extended or reinstated by the sentencing
court upon notice and hearing and for good cause shown; provided, however, that
in those cases involving the collection of fines, restitution, or other funds,
the period of
active
probation supervision shall remain in
effect for so long as any such obligation is outstanding, or until termination
of the sentence, whichever first occurs, and for those cases involving a
conviction under the 'Georgia Street Gang Terrorism and Prevention Act,' the
period of
active
probation supervision shall remain in
effect until the termination of the sentence, but shall not exceed five years
unless as otherwise provided in this paragraph.
Active
probation
Probation
supervision shall not be required for defendants sentenced to probation while
the defendant is in the legal custody of the Department of Corrections or the
State Board of Pardons and Paroles.
As used in
this paragraph, the term 'active probation supervision' shall have the same
meaning as the term 'active supervision' as set forth in Code Section
42-1-1."
"(5)(A)
Where a defendant has been sentenced to probation, the court shall retain
jurisdiction throughout the period of the probated sentence as provided for in
subsection (g) of Code Section 42-8-34. Without limiting the generality of the
foregoing, the court may shorten the period of
active
probation supervision or administrative
probation
supervision
on motion of the defendant or on its own motion,
or upon the
request of a probation supervisor, if the
court determines that probation is no longer necessary or appropriate for the
ends of justice, the protection of society, and the rehabilitation of the
defendant. Prior to entering any order for shortening a period of probation,
the court shall afford notice to the victim or victims of all sex related
offenses or violent offenses resulting in serious bodily injury or
death,
and, upon request of the victim or victims so notified, shall afford notice and
an opportunity for hearing to the defendant and the prosecuting
attorney.
(B)
The Department of Corrections shall establish a form document which shall
include the elements set forth in this Code section concerning notification of
victims and shall make copies of such form available to prosecuting attorneys in
the
this
state. When requested by the victim, the form document shall be provided to the
victim by the prosecuting attorney. The form shall include the address of the
probation office having jurisdiction over the case and contain a statement that
the victim must maintain a copy of his or her address with the probation office
and must notify the office of any change of address in order to maintain
eligibility for notification by the Department of Corrections as required in
this Code section.
(C)
As used in this paragraph, the terms 'active probation supervision' and
'administrative probation supervision' shall have the same meanings as the terms
'active supervision' and 'administrative supervision,' respectively, as set
forth in Code Section
42-1-1."
SECTION
4-4.
Said
title is further amended by revising subsections (a) and (c) of Code Section
17-10-7, relating to punishment of repeat offenders, and by adding a new
subsection (b.1) to read as follows:
"(a)
Except as otherwise provided in subsection (b)
or
(b.1) of this Code section, any person
who, after
having been convicted of a felony offense
in this state or having been convicted under the laws of any other state or of
the United States of a crime which if committed within this state would be a
felony and sentenced to confinement in a penal institution,
who shall
afterwards commit
commits
a felony punishable by confinement in a penal
institution,
shall be sentenced to undergo the longest period of time prescribed for the
punishment of the subsequent offense of which he or she stands convicted,
provided that, unless otherwise provided by law, the trial judge may, in his or
her discretion, probate or suspend the maximum sentence prescribed for the
offense."
"(b.1)
Subsections (a) and (c) of this Code section shall not apply to a second or any
subsequent conviction for any violation of subsection (a), paragraph (1) of
subsection (i), or subsection (j) of Code Section 16-13-30.
(c)
Except as otherwise provided in subsection (b)
or
(b.1) of this Code section, any person
who, after having been convicted under the laws of this state for three felonies
or having been convicted under the laws of any other state or of the United
States of three crimes which if committed within this state would be felonies,
commits a felony within this state shall, upon conviction for such fourth
offense or for subsequent offenses, serve the maximum time provided in the
sentence of the judge based upon such conviction and shall not be eligible for
parole until the maximum sentence has been served."
PART
V
MANDATORY REPORTING OF CHILD ABUSE
SECTION 5-1.
MANDATORY REPORTING OF CHILD ABUSE
SECTION 5-1.
Code
Section 19-7-5 of the Official Code of Georgia Annotated, relating to reporting
of child abuse, is amended by revising subsections (b), (c), (e),and (g) as
follows:
"(b)
As used in this Code section, the term:
(1)
'Abortion' shall have the same meaning as set forth in Code Section
15-11-111.
(1)(2)
'Abused' means subjected to child abuse.
(2)(3)
'Child' means any person under 18 years of age.
(3)(4)
'Child abuse' means:
(A)
Physical injury or death inflicted upon a child by a parent or caretaker thereof
by other than accidental means; provided, however,
that
physical forms of discipline may be used as long as there is no physical injury
to the child;
(B)
Neglect or exploitation of a child by a parent or caretaker
thereof;
(C)
Sexual abuse of a child; or
(D)
Sexual exploitation of a child.
However,
no child who in good faith is being treated solely by spiritual means through
prayer in accordance with the tenets and practices of a recognized church or
religious denomination by a duly accredited practitioner thereof shall, for that
reason alone, be considered to be an 'abused' child.
(5)
'Child service organization personnel' means persons employed by or volunteering
at a business or an organization, whether public, private, for profit, not for
profit, or voluntary, that provides care, treatment, education, training,
supervision, coaching, counseling, recreational programs, or shelter to
children.
(6)
'Clergy' means ministers, priests, rabbis, imams, or similar functionaries, by
whatever name called, of a bona fide religious organization.
(7)
'Pregnancy resource center' means an organization or facility that:
(A)
Provides pregnancy counseling or information as its primary purpose, either for
a fee or as a free service;
(B)
Does not provide or refer for abortions;
(C)
Does not provide or refer for FDA approved contraceptive drugs or devices;
and
(D)
Is not licensed or certified by the state or federal government to provide
medical or health care services and is not otherwise bound to follow federal
Health Insurance Portability and Accountability Act of 1996, P.L. 104-191, or
other state or federal laws relating to patient confidentiality.
(8)
'Reproductive health care facility' means any office, clinic, or any other
physical location that provides abortions, abortion counseling, abortion
referrals, or gynecological care and services.
(9)
'School' means any public or private pre-kindergarten, elementary school,
secondary school, technical school, vocational school, college, university, or
institution of postsecondary education.
(3.1)(10)
'Sexual abuse' means a person's employing, using, persuading, inducing,
enticing, or coercing any minor who is not that person's spouse to engage in any
act which involves:
(A)
Sexual intercourse, including genital-genital, oral-genital, anal-genital, or
oral-anal, whether between persons of the same or opposite sex;
(B)
Bestiality;
(C)
Masturbation;
(D)
Lewd exhibition of the genitals or pubic area of any person;
(E)
Flagellation or torture by or upon a person who is nude;
(F)
Condition of being fettered, bound, or otherwise physically restrained on the
part of a person who is nude;
(G)
Physical contact in an act of apparent sexual stimulation or gratification with
any person's clothed or unclothed genitals, pubic area, or buttocks or with a
female's clothed or unclothed breasts;
(H)
Defecation or urination for the purpose of sexual stimulation; or
(I)
Penetration of the vagina or rectum by any object except when done as part of a
recognized medical procedure.
'Sexual
abuse' shall not include consensual sex acts involving persons of the opposite
sex when the sex acts are between minors or between a minor and an adult who is
not more than five years older than the minor. This provision shall not be
deemed or construed to repeal any law concerning the age or capacity to
consent.
(4)(11)
'Sexual exploitation' means conduct by any person who allows, permits,
encourages, or requires that child to engage in:
(A)
Prostitution, as defined in Code Section 16-6-9; or
(B)
Sexually explicit conduct for the purpose of producing any visual or print
medium depicting such conduct, as defined in Code Section
16-12-100.
(c)(1)
The following persons having reasonable cause to believe that a child has been
abused shall report or cause reports of that abuse to be made as provided in
this Code section:
(A)
Physicians licensed to practice medicine, interns, or residents;
(B)
Hospital or medical personnel;
(C)
Dentists;
(D)
Licensed psychologists and persons participating in internships to obtain
licensing pursuant to Chapter 39 of Title 43;
(E)
Podiatrists;
(F)
Registered professional nurses or licensed practical nurses licensed pursuant to
Chapter 24 of Title 43
or nurse's
aides;
(G)
Professional counselors, social workers, or marriage and family therapists
licensed pursuant to Chapter 10A of Title 43;
(H)
School teachers;
(I)
School administrators;
(J)
School guidance counselors, visiting teachers, school social workers, or school
psychologists certified pursuant to Chapter 2 of Title 20;
(K)
Child welfare agency personnel, as that agency is defined pursuant to Code
Section 49-5-12;
(L)
Child-counseling personnel;
(M)
Child service organization personnel;
or
(N)
Law enforcement
personnel;
or
(O)
Reproductive health care facility or pregnancy resource center personnel and
volunteers.
(2)
If a person is required to report
child
abuse pursuant to this subsection because that person attends to a child
pursuant to such person's duties as
a member of
the staff of
an employee of
or volunteer at a hospital, school, social
agency, or similar facility, that person shall notify the person in charge of
the facility, or the designated delegate thereof, and the person so notified
shall report or cause a report to be made in accordance with this Code section.
A staff
member
An employee or
volunteer who makes a report to the person
designated pursuant to this paragraph shall be deemed to have fully complied
with this subsection. Under no circumstances shall any person in charge of such
hospital, school, agency, or facility, or the designated delegate thereof, to
whom such notification has been made exercise any control, restraint,
modification, or make other change to the information provided by the reporter,
although each of the aforementioned persons may be consulted prior to the making
of a report and may provide any additional, relevant, and necessary information
when making the report."
"(e)
An oral report shall be made immediately, but in no case later than 24 hours
from the time there is reasonable cause to believe a child has been abused, by
telephone or otherwise and followed by a report in writing, if requested, to a
child welfare agency providing protective services, as designated by the
Department of Human Services, or, in the absence of such agency, to an
appropriate police authority or district attorney. If a report of child abuse
is made to the child welfare agency or independently discovered by the agency,
and the agency has reasonable cause to believe such report is true or the report
contains any allegation or evidence of child abuse, then the agency shall
immediately notify the appropriate police authority or district attorney. Such
reports shall contain the names and addresses of the child and the child's
parents or caretakers, if known, the child's age, the nature and extent of the
child's injuries, including any evidence of previous injuries, and any other
information that the reporting person believes might be helpful in establishing
the cause of the injuries and the identity of the perpetrator. Photographs of
the child's injuries to be used as documentation in support of allegations by
hospital
staff
employees or
volunteers, physicians, law enforcement
personnel, school officials, or
staff
employees or
volunteers of legally mandated public or
private child protective agencies may be taken without the permission of the
child's parent or guardian. Such
photograph
photographs
shall be made available as soon as possible to the chief welfare agency
providing protective services and to the appropriate police
authority."
"(g)
Suspected child abuse which is required to be reported by any person pursuant to
this Code section shall be reported notwithstanding that the reasonable cause to
believe such abuse has occurred or is occurring is based in whole or in part
upon any communication to that person which is otherwise made privileged or
confidential by
law; provided,
however, that a member of the clergy shall not be required to report child abuse
reported solely within the context of confession or other similar communication
required to be kept confidential under church doctrine or practice. When a
clergy member receives information about child abuse from any other source, the
clergy member shall comply with the reporting requirements of this Code section,
even though the clergy member may have also received a report of child abuse
from the confession of the
perpetrator."
PART
VI
RESTRICTING RECORDS
SECTION 6-1.
RESTRICTING RECORDS
SECTION 6-1.
Title
35 of the Official Code of Georgia Annotated, relating to law enforcement
officers and agencies, is amended by revising paragraph (1) of subsection (a) of
Code Section 35-3-34, relating to disclosure and dissemination of criminal
records to private persons and businesses, by deleting "and" at the end of
subparagraph (B), by replacing "or" with "and" at the end of subparagraph (C),
and by adding a new subparagraph to read as follows:
"(D)
The center shall not provide records of arrests, charges, or dispositions when
access has been restricted pursuant to Code Section 35-3-37;
or"
SECTION
6-2.
Said
title is further amended by repealing Code Section 35-3-37, relating to
inspection, purging, modifying, or supplementing of criminal records, and
enacting a new Code Section 35-3-37 to read as follows:
"35-3-37.
(a)
As used in this Code section, the term:
(1)
'Drug court treatment program' means a treatment program operated by a drug
court division in accordance with the provisions of Code Section
15-1-15.
(2)
'Entity' means the arresting law enforcement agency, including county and
municipal jails and detention centers.
(3)
'Mental health treatment program' means a treatment program operated by a mental
health court division in accordance with the provisions of Code Section
15-1-16.
(4)
'Nonserious traffic offense' means any offense in violation of Title 40 which is
not prohibited by Article 15 of Chapter 6 of Title 40 and any similar such
offense under the laws of a state which would not be considered a serious
traffic offense under the laws of this state if committed in this
state.
(5)
'Prosecuting attorney' means the Attorney General, a district attorney, or the
solicitor-general who had jurisdiction where the criminal history record
information is sought to be modified, corrected, supplemented, amended, or
restricted. If the offense was a violation of a criminal law of this state
which, by general law, may be tried by a municipal, magistrate, probate, or
other court that is not a court of record, the term 'prosecuting attorney' shall
include the prosecuting officer of such court or, in the absence of such
prosecuting attorney, the district attorney of the judicial circuit in which
such court is located.
(6)
'Restrict,' 'restricted,' or 'restriction' means that the criminal history
record information of an individual relating to a particular charge shall be
available only to judicial officials and criminal justice agencies for law
enforcement or criminal investigative purposes or to criminal justice agencies
for purposes of employment in accordance with procedures established by the
center and shall not be disclosed or otherwise made available to any private
persons or businesses pursuant to Code Section 35-3-34.
(7)
'Serious violent felony' shall have the same meaning as set forth in Code
Section 17-10-6.1.
(8)
'State' includes any state, the United States or any district, commonwealth,
territory, or insular possession of the United States, and the Trust Territory
of the Pacific Islands.
(9)
'Youthful offender' means any offender who was less than 21 years of age at the
time of his or her conviction.
(b)
Nothing in this article shall be construed so as to authorize any person,
agency, corporation, or other legal entity of this state to invade the privacy
of any citizen as defined by the General Assembly or as defined by the courts
other than to the extent provided in this article.
(c)
The center shall make an individual's criminal history record information
available for review by such individual or his or her designee upon written
application to the center.
(d)
If an individual believes his or her criminal history record information to be
inaccurate, incomplete, or misleading, he or she may request a criminal history
record information inspection at the center. The center at which criminal
history record information is sought to be inspected may prescribe reasonable
hours and places of inspection and may impose such additional procedures or
restrictions, including fingerprinting, as are reasonably necessary to assure
the security of the criminal history record information, to verify the
identities of those who seek to inspect such information, and to maintain an
orderly and efficient mechanism for inspection of criminal history record
information. The fee for inspection of criminal history record information
shall not exceed $15.00, which shall not include the cost of the
fingerprinting.
(e)
If the criminal history record information is believed to be inaccurate,
incomplete, or misleading, the individual may request that the entity having
custody or control of the challenged information modify, correct, supplement, or
amend the information and notify the center of such changes within 60 days of
such request. In the case of county and municipal jails and detention centers,
such notice to the center shall not be required. If the entity declines to act
within 60 days of such request or if the individual believes the entity's
decision to be unsatisfactory, within 30 days of the end of the 60 day period or
of the issuance of the unsatisfactory decision, whichever occurs last, the
individual shall have the right to appeal to the court with original
jurisdiction of the criminal charges in the county where the entity is
located.
(f)
An appeal pursuant to subsection (e) of this Code section shall be to acquire an
order from the court with original jurisdiction of the criminal charges that the
subject information be modified, corrected, supplemented, or amended by the
entity with custody of such information. Notice of the appeal shall be provided
to the entity and the prosecuting attorney. A notice sent by registered or
certified mail or statutory overnight delivery shall be sufficient service on
the entity having custody or control of the disputed criminal history record
information. The court shall conduct a de novo review and, if requested by a
party, the proceedings shall be recorded.
(g)(1)
Should the court find by a preponderance of the evidence that the criminal
history record information in question is inaccurate, incomplete, or misleading,
the court shall order such information to be appropriately modified, corrected,
supplemented, or amended as the court deems appropriate. Any entity with
custody, possession, or control of any such criminal history record information
shall cause each and every copy thereof in its custody, possession, or control
to be altered in accordance with the court's order within 60 days of the entry
of the order.
(2)
To the extent that it is known by the requesting individual that an entity has
previously disseminated inaccurate, incomplete, or misleading criminal history
record information, he or she shall, by written request, provide to the entity
the name of the individual, agency, or company to which such information was
disseminated. Within 60 days of the written request, the entity shall
disseminate the modification, correction, supplement, or amendment to the
individual's criminal history record information to such individual, agency, or
company to which the information in question has been previously communicated,
as well as to the individual whose information has been ordered so
altered.
(h)
Access to an individual's criminal history record information, including any
fingerprints or photographs of the individual taken in conjunction with the
arrest, shall be restricted by the center for the following types of
dispositions:
(1)
Prior to indictment, accusation, or other charging instrument:
(A)
The case was never referred for further prosecution to the proper prosecuting
attorney by the arresting law enforcement agency and:
(i)
The offense against such individual is closed by the arresting law enforcement
agency. It shall be the duty of the head of the arresting law enforcement
agency to notify the center whenever a record is to be restricted pursuant to
this division. A copy of the notice shall be sent to the accused and the
accused's attorney, if any, by mailing the same by first-class mail;
or
(ii)
The center does not receive notice from the arresting law enforcement agency
that the offense has been referred to the prosecuting attorney or transferred to
another law enforcement or prosecutorial agency of this state, any other state
or a foreign nation, or any political subdivision thereof for prosecution and
the following period of time has elapsed from the date of the arrest of such
individual:
(I)
If the offense is a misdemeanor or a misdemeanor of a high and aggravated
nature, two years;
(II)
If the offense is a felony, other than a serious violent felony or a felony
sexual offense specified in Code Section 17-3-2.1 involving a victim under 16
years of age, four years; or
(III)
If the offense is a serious violent felony or a felony sexual offense specified
in Code Section 17-3-2.1 involving a victim under 16 years of age, seven
years.
If
the center receives notice of the filing of an indictment subsequent to the
restriction of a record pursuant to this division, the center shall make such
record available in accordance with Code Section 35-3-34.
(B)
The case was referred to the prosecuting attorney but was later dismissed;
or
(C)
The grand jury returned two no bills; and
(2)
After indictment or accusation:
(A)
Except as provided in subsection (i) of this Code section, all charges were
dismissed or nolle prossed;
(B)
The individual pleaded guilty to or was found guilty of possession of a narcotic
drug, marijuana, or stimulant, depressant, or hallucinogenic drug and was
sentenced in accordance with the provisions of Code Section 16-13-2, and the
individual successfully completed the terms and conditions of his or her
probation;
(C)
The individual successfully completed a drug court treatment program or mental
health treatment program, the individual's case has been dismissed or nolle
prossed, and he or she has not been arrested for at least five years, excluding
any arrest for a nonserious traffic offense; or
(D)
The individual was acquitted of all of the charges by a judge or jury unless,
within ten days of the verdict, the prosecuting attorney demonstrates to the
trial court through clear and convincing evidence that the harm otherwise
resulting to the individual is clearly outweighed by the public interest in the
criminal history record information being publicly available because
either:
(i)
The prosecuting attorney was barred from introducing material evidence against
the individual on legal grounds, including, without limitation, the granting of
a motion to suppress or motion in limine; or
(ii)
The individual has been formally charged with the same or similar offense within
the previous five years.
(i)
After the filing of an indictment or accusation, an individual's criminal
history record information shall not be restricted if:
(1)
The charges were nolle prossed or otherwise dismissed because:
(A)
Of a plea agreement resulting in a conviction of the individual for an offense
arising out of the same underlying transaction or occurrence as the
conviction;
(B)
The prosecuting attorney was barred from introducing material evidence against
the individual on legal grounds, including, without limitation, the granting of
a motion to suppress or motion in limine;
(C)
The conduct which resulted in the arrest of the individual was part of a pattern
of criminal activity which was prosecuted in another court of the state or a
foreign nation; or
(D)
The individual had diplomatic, consular, or similar immunity or inviolability
from arrest or prosecution;
(2)
The charges were tried and some but not all of the charges resulted in an
acquittal; or
(3)
The individual was acquitted of all charges but it is later determined that the
acquittal was the result of jury tampering or judicial misconduct.
(j)(1)
When an individual had felony charges dismissed or nolle prossed or was found
not guilty of felony charges but was convicted of a misdemeanor offense or
offenses arising out of the same underlying transaction or occurrence, such
individual may petition the superior court in the county where the arrest
occurred to restrict access to criminal history record information for such
felony charges within four years of the arrest. Such court shall maintain
jurisdiction over the case for this limited purpose and duration. Such petition
shall be served on the arresting law enforcement agency and the prosecuting
attorney. If a hearing is requested, such hearing shall be held within 90 days
of the filing of the petition. The court shall hear evidence and shall grant an
order restricting such criminal history record information if the court
determines the charges in question did not arise out of the same underlying
transaction or occurrence.
(2)
When an individual was convicted of an offense and was sentenced to punishment
other than the death penalty, but such conviction was vacated by the trial court
or reversed by an appellate court or other post-conviction court, the decision
of which has become final by the completion of the appellate process, and the
prosecuting attorney has not retried the case within two years of the date the
order vacating or reversing the conviction became final, such individual may
petition the superior court in the county where the conviction occurred to
restrict access to criminal history record information for such offense. Such
court shall maintain jurisdiction over the case for this limited purpose and
duration. Such petition shall be served on the prosecuting attorney. If a
hearing is requested, such hearing shall be held within 90 days of the filing of
the petition. The court shall hear evidence and shall determine whether
granting an order restricting such criminal history record information is
appropriate, giving due consideration to the reason the judgment was reversed or
vacated, the reason the prosecuting attorney has not retried the case, and the
public's interest in the criminal history record information being publicly
available.
(3)
When an individual's case has remained on the dead docket for more than 12
months, such individual may petition the superior court in the county where the
case is pending to restrict access to criminal history record information for
such offense. Such petition shall be served on the prosecuting attorney. If a
hearing is requested, such hearing shall be held within 90 days of the filing of
the petition. The court shall hear evidence and shall determine whether
granting an order restricting such criminal history record information is
appropriate, giving due consideration to the reason the case was placed on the
dead docket; provided, however, that the court shall not grant such motion if an
active warrant is pending for such individual
(4)(A)
When an individual was convicted in this state of a misdemeanor or a series of
misdemeanors arising from a single incident, and at the time of such conviction
such individual was a youthful offender, provided that such individual
successfully completed the terms of his or her sentence and, since completing
the terms of his or her sentence, has not been arrested for at least five years,
excluding any arrest for a nonserious traffic offense, and provided, further,
that he or she was not convicted in this state of a misdemeanor violation or
under any other state's law with similar provisions of one or more of the
offenses listed in subparagraph (B) of this paragraph, he or she may petition
the superior court in the county where the conviction occurred to restrict
access to criminal history record information. Such court shall maintain
jurisdiction over the case for this limited purpose and duration. Such petition
shall be served on the prosecuting attorney. If a hearing is requested, such
hearing shall be held within 90 days of the filing of the petition. The court
shall hear evidence and shall determine whether granting an order restricting
such criminal history record information is appropriate, giving due
consideration to the individual's conduct and the public's interest in the
criminal history record information being publicly available.
(B)
Record restriction shall not be appropriate if the individual was convicted
of:
(i)
Child molestation in violation of Code Section 16-6-4;
(ii)
Enticing a child for indecent purposes in violation of Code Section
16-6-5;
(iii)
Sexual assault by persons with supervisory or disciplinary authority in
violation of Code Section 16-6-5.1;
(iv)
Keeping a place of prostitution in violation of Code Section
16-6-10;
(v)
Pimping in violation of Code Section 16-6-11;
(vi)
Pandering by compulsion in violation of Code Section 16-6-14;
(vii)
Masturbation for hire in violation of Code Section 16-6-16;
(viii)
Giving massages in a place used for lewdness, prostitution, assignation, or
masturbation for hire in violation of Code Section 16-6-17;
(ix)
Sexual battery in violation of Code Section 16-6-22.1;
(x)
Any offense related to minors generally in violation of Part 2 of Article 3 of
Chapter 12 of Title 16;
(xi)
Theft in violation of Chapter 8 of Title 16; provided, however, that such
prohibition shall not apply to a misdemeanor conviction of shoplifting in
violation of Code Section 16-8-14; or
(xii)
Any serious traffic offense in violation of Article 15 of Chapter 6 of Title
40.
(5)
Any party may file an appeal of an order entered pursuant to this subsection as
provided in Code Section 5-6-34.
(k)(1)
The center shall notify the arresting law enforcement agency of any criminal
history record information, access to which has been restricted pursuant to this
Code section, within 30 days of the date access to such information is
restricted. Upon receipt of notice from the center that access to criminal
history record information has been restricted, the arresting law enforcement
agency or other law enforcement agency shall, within 30 days, restrict access to
all such information maintained by such arresting law enforcement agency or
other law enforcement agency for such individual's charge.
(2)
An individual who has had criminal history record information restricted
pursuant to this Code section may submit a written request to the appropriate
county or municipal jail or detention center to have all records for such
individual's charge maintained by the appropriate county or municipal jail or
detention center restricted. Within 30 days of such request, the appropriate
county or municipal jail or detention center shall restrict access to all such
criminal history record information maintained by such appropriate county or
municipal jail or detention center for such individual's charge.
(3)
The center shall be authorized to unrestrict criminal history record information
based on the receipt of a disposition report showing that the individual was
convicted of an offense arising out of an arrest of which the information was
restricted pursuant to this Code section.
(l)
If criminal history record information is restricted pursuant to this Code
section and if the entity declines to restrict access to such information, the
individual may file a civil action in the superior court where the entity is
located. A copy of the civil action shall be served on the entity and
prosecuting attorney for the jurisdiction where the civil action is filed, and
they may become parties to the action. A decision of the entity shall be upheld
only if it is determined by clear and convincing evidence that the individual
did not meet the criteria set forth in subsection (h) or (j) of this Code
section.
(m)(1)
For criminal history record information maintained by the clerk of court, an
individual who has a record restricted pursuant to this Code section may
petition the court with original jurisdiction over the charges in the county
where the clerk of court is located for an order to seal all criminal history
record information maintained by the clerk of court for such individual's
charge. Notice of such petition shall be sent to the clerk of court and the
prosecuting attorney. A notice sent by registered or certified mail or
statutory overnight delivery shall be sufficient notice.
(2)
The court shall order all criminal history record information in the custody of
the clerk of court, including within any index, to be restricted and unavailable
to the public if the court finds by a preponderance of the evidence
that:
(A)
The criminal history record information has been restricted pursuant to this
Code section; and
(B)
The harm otherwise resulting to the privacy of the individual clearly outweighs
the public interest in the criminal history record information being publicly
available.
(3)
Within 60 days of the court's order, the clerk of court shall cause every
document, physical or electronic, in its custody, possession, or control to be
restricted.
(4)
The person who is the subject of such sealed criminal history record information
may petition the court for inspection of the criminal history record information
included in the court order. Such information shall always be available for
inspection, copying, and use by criminal justice agencies and the Judicial
Qualifications Commission.
(n)(1)
As to arrests occurring before July 1, 2013, an individual may, in writing,
request the arresting law enforcement agency to restrict the criminal history
record information of an arrest, including any fingerprints or photographs taken
in conjunction with such arrest. Reasonable fees shall be charged by the
arresting law enforcement agency and the center for the actual costs of
restricting such records, provided that such fee shall not exceed
$50.00.
(2)
Within 30 days of receipt of such written request, the arresting law enforcement
agency shall provide a copy of the request to the prosecuting attorney. Within
90 days of receiving the request, the prosecuting attorney shall review the
request to determine if he or she agrees to record restriction, and the
prosecuting attorney shall notify the arresting law enforcement agency of his or
her decision within such 90 day period. The arresting law enforcement agency
shall inform the individual of the prosecuting attorney's decision, and, if
record restriction is approved by the prosecuting attorney, the arresting law
enforcement agency shall restrict the criminal history record information within
30 days of receipt of the prosecuting attorney's decision.
(3)
If a prosecuting attorney declines an individual's request to restrict access to
criminal history record information, such individual may file a civil action in
the superior court where the entity is located. A copy of the civil action
shall be served on the entity and prosecuting attorney for the jurisdiction
where the civil action is filed, and they may become parties to the action. A
decision of the prosecuting attorney shall not be upheld if it is determined by
clear and convincing evidence that the harm otherwise resulting to the privacy
of the individual clearly outweighs the public interest in the criminal history
record information being publicly available.
(4)
To restrict criminal history record information at the center, an individual
shall submit a prosecuting attorney's approved record restriction request or a
court order issued pursuant to paragraph (3) of this subsection to the center.
The center shall restrict access to such criminal history record information
within 30 days from receiving such information.
(o)
Nothing in this Code section shall give rise to any right which may be asserted
as a defense to a criminal prosecution or serve as the basis for any motion that
may be filed in any criminal proceeding. The modification, correction,
supplementation, amendment, or restriction of criminal history record
information shall not abate or serve as the basis for the reversal of any
criminal conviction.
(p)
Any application to the center for access to or restriction of criminal history
record information made pursuant to this Code section shall be made in writing
on a form approved by the center. The center shall be authorized to develop and
publish such procedures as may be necessary to carry out the provisions of this
Code section. In adopting such procedures and forms, the provisions of Chapter
13 of Title 50, the 'Georgia Administrative Procedure Act,' shall not
apply.
(q)
It shall be the duty of the entity to take such action as may be reasonable to
prevent disclosure of information to the public which would identify any
individual whose criminal history record information is restricted pursuant to
this Code section.
(r)
If the center has notified a firearms dealer that an individual is prohibited
from purchasing or possessing a handgun pursuant to Part 5 of Article 4 of
Chapter 11 of Title 16 and if the prohibition is the result of such individual
being involuntarily hospitalized within the immediately preceding five years,
upon such individual or his or her attorney making an application to inspect his
or her records, the center shall provide the record of involuntary
hospitalization and also inform the individual or attorney of his or her right
to a hearing before the judge of the probate court or superior court relative to
such individual's eligibility to possess or transport a
handgun."
PART
VII
PENAL INSTITUTIONS
SECTION 7-1.
PENAL INSTITUTIONS
SECTION 7-1.
Title
42 of the Official Code of Georgia Annotated, relating to penal institutions, is
amended by revising Code Section 42-1-1, relating to giving information to or
receiving money from an inmate in a penal institution, as follows:
"42-1-1.
Except
as specifically provided otherwise, as used in this title, the
term:
(1)
'Active supervision' means the period of a probated sentence in which a
probationer actively reports to his or her probation supervisor or is otherwise
under the direct supervision of a probation supervisor.
(2)
'Administrative supervision' means the period of probation supervision that has
reduced supervision and reporting requirements commensurate with and that
follows active supervision but that is prior to the termination of a
sentence.
(3)
'Board' means the Board of Corrections.
(4)
'Case plan' means an individualized accountability and behavior change strategy
for a probationer, as applicable.
(5)
'Commissioner' means the commissioner of corrections.
(6)
'Criminal risk factors' means characteristics and behaviors that affect a
person's risk for committing future crimes and include, but are not limited to,
antisocial behavior, antisocial personality, criminal thinking, criminal
associates, having a dysfunctional family, having low levels of employment or
education, poor use of leisure and recreation time, and substance
abuse.
(7)
'Department' means the Department of Corrections.
(8)
'Graduated sanctions' means:
(A)
Verbal and written warnings;
(B)
Increased restrictions and reporting requirements;
(C)
Community service or work crews;
(D)
Referral to substance abuse or mental health treatment or counseling programs in
the community;
(E)
Increased substance abuse screening and monitoring;
(F)
Electronic monitoring, as such term is defined in Code Section 42-8-151;
and
(G)
An intensive supervision program.
(9)
'Risk and needs assessment' means an actuarial tool, approved by the board and
validated on a targeted population, scientifically proven to determine a
person's risk to recidivate and to identify criminal risk factors that, when
properly addressed, can reduce that person's likelihood of committing future
criminal behavior.
(a)
No employee of a penal institution may give advice to an inmate regarding the
name or the employment of an attorney at law in any case where the inmate is
confined in a penal institution or receive any sum of money paid as fees or
otherwise to attorneys at law in a criminal case or cases against any inmate
with which they may be connected in any capacity.
(b)
Any person who violates this Code section shall be guilty of a
misdemeanor."
SECTION
7-2.
Said
title is further amended by adding a new Code section to read as
follows:
"42-1-11.2.
(a)
No employee of a penal institution shall give advice to an inmate regarding the
name or the employment of an attorney at law in any case where the inmate is
confined in a penal institution or receive any sum of money paid as fees or
otherwise to attorneys at law in a criminal case or cases against any inmate
with which they may be connected in any capacity.
(b)
Any person who violates this Code section shall be guilty of a
misdemeanor."
SECTION
7-3.
Said
title is further amended by revising Code Section 42-2-1, relating to
definitions, as follows:
"42-2-1.
As
used in this chapter, the term:
(1)
'Board' means the Board of Corrections.
(2)
'Commissioner' means the commissioner of corrections.
(3)
'Department' means
There is
created the Department of
Corrections."
SECTION
7-4.
Said
title is further amended by revising subsection (c) of Code Section 42-2-11,
relating to the powers and duties of the Board of Corrections, as
follows:
"(c)(1)
The board shall adopt rules governing the assignment, housing, working, feeding,
clothing, treatment, discipline, rehabilitation, training, and hospitalization
of all inmates coming under its custody.
(2)(A)
As used in this paragraph, the term:
(i)
'Evidence based practices' means supervision policies, procedures, programs, and
practices that scientific research demonstrates reduce recidivism among
individuals who are under some form of correctional supervision.
(ii)
'Recidivism' means returning to prison or jail within three years of being
placed on probation or being discharged or released from a department or jail
facility.
(B)
The board shall adopt rules and regulations governing the management and
treatment of inmates and probationers to ensure that evidence based practices,
including the use of a risk and needs assessment and any other method the board
deems appropriate, guide decisions related to preparing inmates for release into
the community and managing probationers in the community. The board shall
require the department to collect and analyze data and performance outcomes
relevant to the level and type of treatment given to an inmate or probationer
and the outcome of the treatment on his or her recidivism and prepare an annual
report regarding such information which shall be submitted to the Governor, the
Lieutenant Governor, the Speaker of the House of Representatives, and the
chairpersons of the House Committee on State Institutions and Property and the
Senate State Institutions and Property
Committee."
SECTION
7-5.
Said
title is further amended by revising subsection (a) of Code Section 42-5-50,
relating to the transmittal of information on convicted persons, as
follows:
"(a)
The clerk of the court shall notify the commissioner of a sentence within 30
working days following the receipt of the sentence and send other documents set
forth in this Code section. Such notice shall be
mailed
within such time period by first-class mail and shall be accompanied by two
complete and certified sentence packages
containing
submitted
electronically and shall contain the
following documents:
(1)
A certified copy of the sentence;
(2)
A complete history of the convicted person, including a certified copy of the
indictment, accusation, or both and such other information as the commissioner
may require;
(3)
An affidavit of the custodian of such person indicating the total number of days
the convicted person was incarcerated prior to the imposition of the sentence.
It shall be the duty of the custodian of such person to transmit the affidavit
provided for in this paragraph to the clerk of the superior court within ten
days following the date on which the sentence is imposed;
(4)
Order of probation revocation or tolling of probation; and
(5)
A copy of the sentencing information report is required in all jurisdictions
with an options system day reporting center certified by the
Department
of Corrections
department.
The failure to provide the sentencing information report shall not cause an
increase in the 15 day time period for the department to assign the inmate to a
correctional institution as set forth in subsection (b) of this Code
Section.
All
of the aforementioned documents
will
shall
be submitted on forms provided by the commissioner. The commissioner shall file
one copy of each such document with the State Board of Pardons and Paroles
within 30 working days of receipt of such documents from the clerk of the court.
Except where the clerk is on a salary, the clerk shall receive from funds of the
county the fee prescribed in Code Section 15-6-77 for such
service."
SECTION
7-6.
Said
title is further amended by revising Code Section 42-8-21, relating to
definitions for the state-wide probation system, as follows:
"42-8-21.
As
used in this article, the term:
(1)
'Board' means the Board of Corrections.
(2)
'Commissioner' means the commissioner of corrections.
(3)
'Department' means the Department of
Corrections
Reserved."
SECTION
7-7.
Said
title is further amended by revising Code Section 42-8-23, relating to the
administration of supervision of probationers by the Department of Corrections,
as follows:
"42-8-23.
(a)
As used in this Code section, the term 'chief probation officer' means the
highest ranking field probation officer in each judicial circuit who does not
have direct supervision of the probationer who is the subject of the
hearing.
(b)
The department shall administer the supervision of felony
probationers.
(c)
If graduated sanctions have been made a condition of probation by the court and
if a probationer violates the conditions of his or her probation, other than for
the commission of a new offense, the department may impose graduated sanctions
as an alternative to judicial modification or revocation of probation, provided
that such graduated sanctions are approved by a chief probation
officer.
(d)
The failure of a probationer to comply with the graduated sanction or sanctions
imposed by the department shall constitute a violation of
probation.
(e)
A probationer may at any time voluntarily accept the graduated sanctions
proposed by the department.
(f)(1)
The department's decision shall be final unless the probationer files an appeal
in the sentencing court. Such appeal shall be filed within 30 days of the
issuance of the decision by the department.
(2)
Such appeal shall first be reviewed by the judge upon the record. At the
judge's discretion, a de novo hearing may be held on the decision. The filing
of the appeal shall not stay the department's decision.
(3)
When the sentencing judge does not act on the appeal within 30 days of the date
of the filing of the appeal, the department's decision shall be affirmed by
operation of law.
(g)
Nothing
contained
in this Code section shall alter the relationship between judges and probation
supervisors prescribed in this article
nor be
construed as repealing any power given to any court of this state to place
offenders on probation or to supervise
offenders."
SECTION
7-8.
Said
title is further amended by revising Code Section 42-8-35, relating to terms and
conditions of probation, as follows:
"42-8-35.
(a)
The court shall determine the terms and conditions of probation and may provide
that the probationer shall:
(1)
Avoid injurious and vicious habits;
(2)
Avoid persons or places of disreputable or harmful character;
(3)
Report to the probation supervisor as directed;
(4)
Permit the supervisor to visit the probationer at the probationer's home or
elsewhere;
(5)
Work faithfully at suitable employment insofar as may be possible;
(6)
Remain within a specified location; provided, however, that the court shall not
banish a probationer to any area within the state:
(A)
That does not consist of at least one entire judicial circuit as described by
Code Section 15-6-1; or
(B)
In which any service or program in which the probationer must participate as a
condition of probation is not available;
(7)
Make reparation or restitution to any aggrieved person for the damage or loss
caused by the probationer's offense, in an amount to be determined by the court.
Unless otherwise provided by law, no reparation or restitution to any aggrieved
person for the damage or loss caused by the probationer's offense shall be made
if the amount is in dispute unless the same has been adjudicated;
(8)
Make reparation or restitution as reimbursement to a municipality or county for
the payment for medical care furnished the person while incarcerated pursuant to
the provisions of Article 3 of Chapter 4 of this title. No reparation or
restitution to a local governmental unit for the provision of medical care shall
be made if the amount is in dispute unless the same has been
adjudicated;
(9)
Repay the costs incurred by any municipality or county for wrongful actions by
an inmate covered under the provisions of paragraph (1) of subsection (a) of
Code Section 42-4-71;
(10)
Support the probationer's legal dependents to the best of the probationer's
ability;
(11)
Violate no local, state, or federal laws and be of general good
behavior;
(12)
If permitted to move or travel to another state, agree to waive extradition from
any jurisdiction where the probationer may be found and not contest any effort
by any jurisdiction to return the probationer to this state;
and
(13)
Submit to evaluations and testing relating to rehabilitation and participate in
and successfully complete rehabilitative programming as directed by the
department;
(14)
Wear a device capable of tracking the location of the probationer by means
including electronic surveillance or global positioning satellite systems. The
department shall assess and collect fees from the probationer for such
monitoring at levels set by regulation by the department;
(15)
Complete a residential or nonresidential program for substance abuse or mental
health treatment as indicated by a risk and needs assessment; and
(16)
Agree to the imposition of graduated sanctions when, in the discretion of the
probation supervisor, the probationer's behavior warrants a graduated
sanction.
(b)
In determining the terms and conditions of probation for a probationer who has
been convicted of a criminal offense against a victim who is a minor or
dangerous sexual offense as those terms are defined in Code Section 42-1-12, the
court may provide that the probationer shall be:
(1)
Prohibited from entering or remaining present at a victim's school, place of
employment, place of residence, or other specified place at times when a victim
is present or from loitering in areas where minors congregate, child care
facilities, churches, or schools as those terms are defined in Code Section
42-1-12;
(2)
Required to wear a device capable of tracking the location of the probationer by
means including electronic surveillance or global positioning systems. The
department shall assess and collect fees from the probationer for such
monitoring at levels set by regulation by the department;
(3)(2)
Required, either in person or through remote monitoring, to allow viewing and
recording of the probationer's incoming and outgoing e-mail, history of websites
visited and content accessed, and other Internet based
communication;
(4)(3)
Required to have periodic unannounced inspections of the contents of the
probationer's computer or any other device with Internet
access,
including the retrieval and copying of all data from the computer or device and
any internal or external storage or portable media and the removal of such
information, computer, device, or medium; and
(5)(4)
Prohibited from seeking election to a local board of education.
(c)
The supervision provided for under subsection (b) of this Code section shall be
conducted by a probation officer, law enforcement officer, or computer
information technology specialist working under the supervision of a probation
officer or law enforcement agency."
SECTION
7-9.
Said
title is further amended by revising subsection (a) of Code Section 42-8-35.4,
relating to confinement in probation detention centers, as follows:
"(a)
In addition to any other terms and conditions of probation provided for in this
article, the trial judge may require that a defendant convicted of a felony and
sentenced to a period of not less than one year on probation or a defendant who
has been previously sentenced to probation for a forcible misdemeanor as defined
in paragraph (7) of Code Section 16-1-3 or a misdemeanor of a high and
aggravated nature and has violated probation or other probation alternatives and
is subsequently sentenced to a period of not less than one year on probation
shall complete satisfactorily, as a condition of that probation, a program of
confinement,
not to exceed 180 days, in a probation
detention center. Probationers so sentenced
will
shall
be required to serve the period of
confinement,
not to exceed 180 days, specified in the
court order."
SECTION
7-10.
Said
title is further amended by revising Code Section 42-8-37, relating to the
effect of termination of the period of probation, as follows:
"42-8-37.
(a)
Upon the termination of the
period of
probation
probated
portion of a sentence, the probationer
shall be released from probation and shall not be liable to sentence for the
crime for which probation was allowed; provided, however,
that
the foregoing shall not be construed to prohibit the conviction and sentencing
of the probationer for the subsequent commission of the same or a similar
offense or for the subsequent continuation of the offense for which he
or
she was previously sentenced.
(b)
The court may at any time cause the probationer to appear before it to be
admonished or commended and, when satisfied that its action would be for the
best interests of justice and the welfare of society, may discharge the
probationer from further supervision.
(b)(c)
The
Upon the
request of the chief judge of the court from which said person was sentenced,
the case of each person receiving a
probated sentence of more than two years shall be reviewed by the probation
supervisor responsible for that case after service of two years on probation,
and a written report of the probationer's progress shall be submitted to the
sentencing court along with the supervisor's recommendation as to early
termination.
Upon the
request of the chief judge of the court from which said person was sentenced,
each
Each
such case shall be reviewed and a written report submitted annually
thereafter,
or more often if required, until the
termination, expiration, or other disposition of the case."
SECTION
7-11.
Said
title is further amended by revising subsection (a) of Code Section 42-8-38,
relating to the arrest of the probationer for a violation of the terms of
probation, as follows:
"(a)
Whenever, within the period of probation, a probation supervisor believes that a
probationer under his
or
her supervision has violated his
or
her probation in a material respect,
he
if graduated
sanctions have been made a condition of probation by the court, the probation
supervisor may impose graduated sanctions as set forth in Code Section 42-8-23
to address the specific conduct leading to such violation or, if the
circumstances warrant, may arrest the
probationer without warrant, wherever found, and return
him
the
probationer to the court granting the
probation or, if under supervision in a county or judicial circuit other than
that of conviction, to a court of equivalent original criminal jurisdiction
within the county wherein the probationer resides for purposes of supervision.
Any officer authorized by law to issue warrants may issue a warrant for the
arrest of the probationer upon the affidavit of one having knowledge of the
alleged violation, returnable forthwith before the court in which revocation
proceedings are being brought."
PART
VIII
CROSS-REFERENCES
SECTION 8-1.
CROSS-REFERENCES
SECTION 8-1.
Title
5 of the Official Code of Georgia Annotated, relating to appeal and error, is
amended
in subsection (a) of Code Section 5-6-34, relating to judgments and rulings deemed directly appealable, by deleting "and" at the end of paragraph (10), by replacing the period with "; and" at the end of paragraph (11), and by adding a new paragraph to read as follows:
in subsection (a) of Code Section 5-6-34, relating to judgments and rulings deemed directly appealable, by deleting "and" at the end of paragraph (10), by replacing the period with "; and" at the end of paragraph (11), and by adding a new paragraph to read as follows:
"(12)
All judgments or orders entered pursuant to Code Section
35-3-37."
SECTION
8-2.
Title
15 of the Official Code of Georgia Annotated, relating to courts, is amended by
revising Code Section 15-10-260, relating to jurisdiction for magistrate courts,
as follows:
"15-10-260.
(a)
This article governs trials of misdemeanor violations of Code Sections 16-13-30
and 16-13-2, relating to possession of less than one ounce of marijuana; Code
Section 16-8-14, relating to
misdemeanor
theft by shoplifting
of $300.00
or less; Code Section 3-3-23, relating to
furnishing alcoholic beverages to, and purchase and possession of alcoholic
beverages by, a person under 21 years of age; and Code Section 16-7-21, relating
to criminal trespass.
(b)
Magistrate courts are authorized to conduct trials and impose sentences for
violations of misdemeanors specified in subsection (a) of this Code section;
provided, however, that the violation must have occurred in the unincorporated
area of the county.
(c)
A person convicted of violation of a misdemeanor specified in subsection (a) of
this Code section shall be punished as provided in paragraphs (1) through (4) of
this subsection as follows:
(1)
For possession of less than one ounce of marijuana, as provided in subsection
(b) of Code Section 16-13-2;
(2)
For
misdemeanor
theft by shoplifting, as provided in paragraph (1) of subsection (b) of Code
Section 16-8-14;
(3)
For furnishing alcoholic beverages to, and purchase and possession of alcoholic
beverages by, a person under 21 years of age, as provided in Code Section
3-3-23.1; and
(4)
For criminal trespass, as provided in subsection (d) of Code Section
16-7-21.
(d)
The jurisdiction of magistrate courts to try and dispose of the misdemeanor
violations enumerated in subsection (a) of this Code section shall be concurrent
with the jurisdiction of any other courts having jurisdiction to try and dispose
of such cases."
SECTION
8-3.
Said
title is further amended by revising subsection (a) of Code Section 15-11-30.3,
relating to commission of designated felony act of burglary by a child 15 years
of age or older, as follows:
"(a)
After a petition has been filed alleging that a child 15 years of age or older
has committed a designated felony act, the court shall follow the procedure
specified in this Code section if the designated felony act alleged to have been
committed would have constituted the crime of burglary
in any
degree if done by an adult and the child
has been found at separate court appearances to have committed acts which would
have constituted the crime of burglary
in any
degree if done by an adult on three or
more previous occasions."
SECTION
8-4.
Said
title is further amended by revising subsection (e) of Code Section 15-11-83,
relating to when a child may be fingerprinted or photographed and
confidentiality of information, as follows:
"(e)
Upon application of the child, fingerprints and photographs of a child shall be
removed from the file and destroyed if a petition alleging delinquency is not
filed or the proceedings are dismissed after either a petition is filed or the
case is transferred to the juvenile court as provided in Code Section 15-11-30.4
or the child is adjudicated not to be a delinquent child. The court shall
notify the deputy director of the Georgia Crime Information Center when
fingerprints and photographs are destroyed pursuant to this subsection, and the
Georgia Bureau of Investigation shall treat such records in the same manner as
expunged
records
criminal
history record information restricted
pursuant to
subsection
(c) of Code Section
35-3-37."
SECTION
8-5
Title
16 of the Official Code of Georgia Annotated, relating to crimes and offenses,
is amended by revising subsection (e) of Code Section 16-11-131, relating to
possession of firearms by convicted felons and first offender probationers, as
follows:
"(e)
As used in this Code section, the term 'forcible felony' means any felony which
involves the use or threat of physical force or violence against any person and
further includes, without limitation, murder; felony murder; burglary
in any
degree; robbery; armed robbery;
kidnapping; hijacking of an aircraft or motor vehicle; aggravated stalking;
rape; aggravated child molestation; aggravated sexual battery; arson in the
first degree; the manufacturing, transporting, distribution, or possession of
explosives with intent to kill, injure, or intimidate individuals or destroy a
public building; terroristic threats; or acts of treason or
insurrection."
SECTION
8-6.
Said
title is further amended by revising division (9)(A)(viii) of Code Section
16-14-3, relating to definitions for the "Georgia RICO (Racketeer Influenced and
Corrupt Organizations) Act," as follows:
"(viii)
Code Section 16-9-1, relating to forgery in
the
first
any
degree;"
SECTION
8-7.
Said
title is further amended by revising Code Section 16-16-1, relating to
definitions regarding forfeiture of property used in burglary or armed robbery,
as follows:
"16-16-1.
As
used in this chapter, the term:
(1)
'Armed robbery' means the offense defined in subsection (a) of Code Section
16-8-41.
(2)
'Burglary' means the offense defined in
subsection
(a) of Code Section 16-7-1
in any
degree."
SECTION
8-8.
Title
17 of the Official Code of Georgia Annotated, relating to criminal procedure, is
amended by revising paragraph (11) of subsection (a) of Code Section 17-6-1,
relating to where offenses bailable, procedure, schedule of bails, and appeal
bonds, as follows:
"(11)
Kidnapping, arson, aggravated assault, or burglary
in any
degree if the person, at the time of the
alleged kidnapping, arson, aggravated assault, or burglary
in any
degree, had previously been convicted of,
was on probation or parole with respect to, or was on bail for kidnapping,
arson, aggravated assault, burglary
in any
degree, or one or more of the offenses
listed in paragraphs (1) through (10) of this subsection;"
SECTION
8-9.
Said
title is further amended by revising paragraph (1) of subsection (a) of Code
Section 17-7-70.1, relating to trial upon accusations in certain felony and
misdemeanor cases, as follows:
"(1)
In felony cases involving violations of the following:
(A)
Code Sections 16-8-2, 16-8-14, 16-8-18, 16-9-1,
16-9-2,
16-9-20, 16-9-31, 16-9-33, 16-9-37, 16-10-52, and 40-5-58;
(B)
Article 1 of Chapter 8 of Title 16, relating to theft;
(C)
Chapter 9 of Title 16, relating to forgery and fraudulent
practices;
(D)
Article 3 of Chapter 10 of Title 16, relating to escape and other offenses
related to confinement; or
(E)
Code Section 16-11-131, relating to possession of a firearm by a convicted felon
or first offender probationer,
in
which defendants have either been bound over to the superior court based on a
finding of probable cause pursuant to a commitment hearing under Article 2 of
this chapter or have expressly or by operation of law waived a commitment
hearing, the district attorney shall have authority to prefer accusations, and
the defendants shall be tried on such accusations according to the same rules of
substantive and procedural laws relating to defendants who have been indicted by
a grand jury."
SECTION
8-10.
Said
title is further amended by revising paragraph (10) of subsection (a) of Code
Section 17-10-9.1, relating to voluntary surrender to county jail or
correctional institution, as follows:
"(10)
Kidnapping, arson, or burglary
in any
degree if the person, at the time such
person was charged, has previously been convicted of, was on probation or parole
with respect to, or was on bail for kidnapping, arson, aggravated assault,
burglary in
any degree, or one or more of the offenses
listed in paragraphs (1) through (9) of this subsection;"
SECTION
8-11.
Said
title is further amended by revising paragraph (2) of subsection (b) of Code
Section 17-10-30, relating to procedure for imposition of the death penalty
generally, as follows:
"(2)
The offense of murder, rape, armed robbery, or kidnapping was committed while
the offender was engaged in the commission of another capital felony or
aggravated battery, or the offense of murder was committed while the offender
was engaged in the commission of burglary
in any
degree or arson in the first
degree;"
SECTION
8-12.
Title
31 of the Official Code of Georgia Annotated, relating to health, is amended by
revising subparagraph (G) of paragraph (2) of Code Section 31-7-250, relating to
definitions for personal care home licensing and employee record checks, as
follows:
"(G)
A
felony
violation of Code Section 16-9-1
or 16-9-2,
relating to forgery in the first and second degree,
respectively;"
SECTION
8-13.
Said
title is further amended by revising subparagraph (K) of paragraph (2) of Code
Section 31-7-350, relating to definitions for nursing home employee record
checks, as follows:
"(K)
A
felony
violation of Code Section
16-9-1,
relating to forgery in the first degree; a violation of Code Section 16-9-2,
relating to forgery in the second
degree;"
SECTION
8-14.
Title
36 of the Official Code of Georgia Annotated, relating to local government, is
amended by revising Code Section 36-32-9, relating to the jurisdiction of
shoplifting of $300.00 in municipal courts, as
follows:
"36-32-9.
"36-32-9.
(a)
The municipal court is granted jurisdiction to try and dispose of cases in which
a person is charged with a
first,
second, or third offense of
misdemeanor
theft by shoplifting
when the
property which was the subject of the theft was valued at $300.00 or
less, if the offense occurred within the
corporate limits of the municipality. The jurisdiction of such court shall be
concurrent with the jurisdiction of any other courts within the county having
jurisdiction to try and dispose of such cases.
(b)
Any
defendant
person
charged in a municipal court with
a first,
second, or third offense of
misdemeanor
theft by shoplifting
property
valued at $300.00 or less shall be
entitled upon request to have the case against him or her transferred to the
court having general misdemeanor jurisdiction in the county in which the alleged
offense occurred.
(c)
A person convicted in a municipal court of
a first,
second, or third offense of
misdemeanor
theft by shoplifting
property
valued at $300.00 or less shall be
punished as provided in paragraph (1) of subsection (b) of Code Section 16-8-14,
provided that nothing in this Code section or Code Section 16-8-14 shall be
construed to give any municipality the right to impose a fine or punishment by
imprisonment in excess of the limits as set forth in the municipality's
charter.
(d)
Any fines and forfeitures arising from the prosecution of such cases in such
municipal court shall be retained by the municipality and shall be paid into the
treasury of such municipality.
(e)
It shall be the duty of the appropriate agencies of the municipality in which an
offense under subsection (a) of this Code section is charged to make any reports
to the Georgia Crime Information Center required under Article 2 of Chapter 3 of
Title 35."
SECTION
8-15.
Title
42 of the Official Code of Georgia Annotated, relating to penal institutions, is
amended by revising paragraph (2) of subsection (a) of Code Section 42-5-85,
relating to delegation of authority to issue limited leave privileges, as
follows:
"(2)
The murder was committed while the offender was engaged in the commission of
another capital felony, aggravated battery, burglary
in any
degree, or arson in the first
degree;"
PART
IX
EFFECTIVE DATE, APPLICABILITY, AND REPEALER
SECTION 9-1.
EFFECTIVE DATE, APPLICABILITY, AND REPEALER
SECTION 9-1.
(a)
Except as provided in subsections (b) and (c) of this section, this Act shall
become effective on July 1, 2012, and shall apply to offenses which occur on or
after that date. Any offense occurring before July 1, 2012, shall be governed
by the statute in effect at the time of such offense and shall be considered a
prior conviction for the purpose of imposing a sentence that provides for a
different penalty for a subsequent conviction for the same type of offense, of
whatever degree or level, pursuant to this Act.
(b)(1)
Section 3-7B of this Act shall become effective on July 1, 2013, at which time,
Section 3-7A of this Act shall be superceded and repealed in its entirety, and
Section 3-7B of this Act shall apply to offenses which occur on or after July 1,
2013. Any offense occurring before July 1, 2013, shall be governed by the
statute in effect at the time of such offense and shall be considered a prior
conviction for the purpose of imposing a sentence that provides for a different
penalty for a subsequent conviction for the same type of offense, of whatever
degree or level, pursuant to this Act.
(2)
Section 3-7C of this Act shall become effective on July 1, 2014, at which time,
Section 3-7B of this Act shall be superceded and repealed in its entirety, and
Section 3-7C of this Act shall apply to offenses which occur on or after July 1,
2014. Any offense occurring before July 1, 2014, shall be governed by the
statute in effect at the time of such offense and shall be considered a prior
conviction for the purpose of imposing a sentence that provides for a different
penalty for a subsequent conviction for the same type of offense, of whatever
degree or level, pursuant to this Act.
(c)
Part VI and Sections 8-1 and 8-4 of this Act shall become fully effective on
July 1, 2013; provided, however, that for the purpose of preparing for
implementation of Part VI of this Act, said part shall become effective on July
1, 2012.
SECTION
9-2.
All
laws and parts of laws in conflict with this Act are repealed.