Bill Text: GA HB691 | 2011-2012 | Regular Session | Introduced

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Bill Title: Criminal offenses; failure to report a crime; provisions

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-01-11 - House Second Readers [HB691 Detail]

Download: Georgia-2011-HB691-Introduced.html

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12 LC 35 2367

House Bill 691

By: Representative Mitchell of the 88th

A BILL TO BE ENTITLED
AN ACT

To amend Code Section 16-2-21 of the Official Code of Georgia Annotated, relating to prosecution of parties who did not directly commit the crime, so as to provide for a new criminal offense of failure to report a crime; to provide for penalties; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Code Section 16-2-21 of the Official Code of Georgia Annotated, relating to prosecution of parties who did not directly commit the crime, is amended as follows:

"16-2-21.

(a) Any party to a crime who did not directly commit the crime may be indicted, tried, convicted, and punished for commission of the crime upon proof that the crime was committed and that he or she was a party thereto, although the person claimed to have directly committed the crime has not been prosecuted or convicted, has been convicted of a different crime or degree of crime, or is not amenable to justice or has been acquitted.

(b) A person who is 18 years of age or older commits the offense of failure to report a crime when he or she is an eyewitness to a crime that is punishable as a felony offense and knowingly and intentionally fails to report such crime to a law enforcement officer or a 9-1-1 operator. A person who commits the offense of failure to report a crime, upon conviction thereof, shall be punished for a misdemeanor. Any person who commits the offense of failure to report a crime may be convicted and punished, although the person claimed to have directly committed the felony offense that was witnessed has not been prosecuted or convicted, has been convicted of a different crime or degree of crime, or is not amenable to justice or has been acquitted. A person who is a witness to a felony offense shall be deemed to have reported the crime when he or she provides or attempts to provide all information within his or her knowledge that is reasonably likely to assist in the arrest of the felony offender; provided, however, that a person reporting a felony offense shall not be required to provide information related to his or her identity."

SECTION 2.

This Act shall become effective on July 1, 2012, and shall apply to offenses committed on or after such date.

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.