09 LC 29
3702S
The
House Committee on Judiciary Non-civil offers the following substitute to HB
329:
A
BILL TO BE ENTITLED
AN ACT
To
amend Code Section 42-8-34.1 of the Official Code of Georgia Annotated, relating
to revocation of probated and suspended sentences, so as to provide that the
commission of a misdemeanor offense in another state which would be a felony in
this state shall be treated the same as the commission of a felony offense in
this state for purposes of probation revocation; to provide for a definition; to
provide for related matters; to provide an effective date; to repeal conflicting
laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 42-8-34.1 of the Official Code of Georgia Annotated, relating to
revocation of probated and suspended sentences, is amended by revising
subsection (d) as follows:
"(d)
If the violation of probation or suspension alleged and proven by a
preponderance of the evidence or the defendant's admission is the commission of
a felony offense, the court may revoke no more than the lesser of the balance of
probation or the maximum time of the sentence authorized to be imposed for the
crime
felony
offense constituting the violation of the
probation.
For purposes
of this Code section, the term 'felony offense' means:
(1)
A felony offense;
(2)
A misdemeanor offense committed in another state, the elements of which are
proven by a preponderance of evidence showing that such offense would constitute
a felony if the act had been committed in this state; or
(3)
A misdemeanor offense committed in another state that is admitted to by the
defendant who also admits that such offense would be a felony if the act had
been committed in this
state."
SECTION
2.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.