Georgia House of Representatives - 1995/1996 Sessions

HB 87 - Firearms; use in commission of crime by felon

Page Numbers - 1/ 2/ 3

Code Sections - 16-11-133/ 16-10-56

1. Coker  31st            2. Towery  30th


House Comm: PubS       /                Senate Comm: SJudy      /               
House Vote: Yeas 147   Nays 14          Senate Vote: Yeas 46  Nays 0            
              ----------------------------------------                          
               House          Action         Senate                             
              ----------------------------------------                          
              1/9/95   Read 1st Time         2/1/95                             
              1/10/95  Read 2nd Time         2/20/95                            
              1/26/95  Favorably Reported    2/17/95                            
              1/30/95  Read 3rd Time         3/15/95                            
              1/30/95  Passed/Adopted        3/17/95                            
                       Comm/Floor Amend/Sub  FA                                 
              1/30/95  Notice to Reconsider                                     
              3/17/95  Amend/Sub Agreed To                                      
              3/21/95  Sent to Governor                                         
              3/22/95  Signed by Governor                                       
              12       Act/Veto Number                                          
              7/1/95   Effective Date                                           
              ----------------------------------------                          
Rules Suspended to Introduce                                                    
Tabled 3/15/95;  Taken from Table 3/17/95                                       
                                                                                
Code Sections amended: 16-11-133, 16-10-56                                      


HB 87                                               HB 87/AP

      H. B. No. 87 (AS PASSED HOUSE AND SENATE)
      By:  Representatives Coker of the 31st and Towery of the
      30th


                        A BILL TO BE ENTITLED
                               AN ACT


  1- 1  To amend Part 3 of Article 4 of Chapter 11 of Title 16 of
  1- 2  the Official Code of Georgia Annotated, relating to carrying
  1- 3  and possession of firearms, so as to provide for the
  1- 4  criminal offense of commission of a crime by a convicted
  1- 5  felon through the use of a firearm; to provide for
  1- 6  definitions; to provide for penalties upon first and
  1- 7  subsequent convictions; to provide for separate offenses; to
  1- 8  amend Article 3 of Chapter 10 of Title 16 of the Official
  1- 9  Code of Georgia Annotated, relating to escape and other
  1-10  offenses related to confinement, so as to provide for the
  1-11  offense of riot in a penal institution; to provide for a
  1-12  penalty; to provide for related matters; to repeal
  1-13  conflicting laws; and for other purposes.

  1-14       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

                         SECTION 1.

  1-15  Part 3 of Article 4 of Chapter 11 of Title 16 of the
  1-16  Official Code of Georgia Annotated, relating to carrying and
  1-17  possession of firearms, is amended by adding at the end
  1-18  thereof a new Code Section 16-11-133 to read as follows:

  1-19    "16-11-133. (Index)

  1-20    (a) As used in this Code section, the term:

  1-21      (1) 'Felony' means any offense punishable by
  1-22      imprisonment for a term of one year or more and includes
  1-23      conviction by a court-martial under the Uniform Code of
  1-24      Military Justice for an offense which would constitute a
  1-25      felony under the laws of the United States.

  1-26      (2) 'Firearm' includes any handgun, rifle, shotgun, stun
  1-27      gun, taser, or other weapon which will or can be
  1-28      converted to expel a projectile by the action of an
  1-29      explosive or electrical charge.

  1-30    (b) Any person who has previously been convicted of or who
  1-31    has previously entered a guilty plea to the offense of
  1-32    murder, armed robbery, kidnapping, rape, aggravated child

                              H. B. No. 87
                                 -1- (Index)

                                                    HB 87/AP

  2- 1    molestation, aggravated sodomy, aggravated sexual battery,
  2- 2    or any felony involving the use or possession of a firearm
  2- 3    and who shall have on or within arm's reach of his or her
  2- 4    person a firearm  during the commission of, or the attempt
  2- 5    to commit:

  2- 6      (1) Any crime against or involving the person of
  2- 7      another;

  2- 8      (2) The unlawful entry into a building or vehicle;

  2- 9      (3) A theft from a building or theft of a vehicle;

  2-10      (4) Any crime involving the possession, manufacture,
  2-11      delivery, distribution, dispensing, administering,
  2-12      selling, or possession with intent to distribute any
  2-13      controlled substance as provided in Code Section
  2-14      16-13-30; or

  2-15      (5) Any crime involving the trafficking of cocaine,
  2-16      marijuana, or illegal drugs as provided in Code Section
  2-17      16-13-31,

  2-18    and which crime is a felony, commits a felony and, upon
  2-19    conviction thereof, shall be punished by confinement for a
  2-20    period of 15 years, such sentence to run consecutively to
  2-21    any other sentence which the person has received.

  2-22    (c) Upon the second or subsequent conviction of a
  2-23    convicted felon under this Code section, such convicted
  2-24    felon shall be punished by confinement for life.
  2-25    Notwithstanding any other law to the contrary, the
  2-26    sentence of any convicted felon which is imposed for
  2-27    violating this Code section a second or subsequent time
  2-28    shall not be suspended by the court and probationary
  2-29    sentence imposed in lieu thereof.

  2-30    (d) Any crime committed in violation of subsections (b)
  2-31    and (c) of this Code section shall be considered a
  2-32    separate offense."

                        SECTION 1.1.

  2-33  Article 3 of Chapter 10 of Title 16 of the Official Code of
  2-34  Georgia Annotated, relating to escape and other offenses
  2-35  related to confinement, is amended by adding at the end
  2-36  thereof a new Code Section 16-10-56 to read as follows:

  2-37    "16-10-56. (Index)

  2-38    (a) Any person legally confined to any penal institution
  2-39    of this state or of any political subdivision of this

                              H. B. No. 87
                                 -2- (Index)

                                                    HB 87/AP

  3- 1    state who commits an unlawful act of violence or any other
  3- 2    act in a violent or tumultuous manner commits the offense
  3- 3    of riot in a penal institution.

  3- 4    (b) Any person who violates subsection (a) of this Code
  3- 5    section is guilty of a felony and, upon conviction
  3- 6    thereof, shall be punished by imprisonment of not less
  3- 7    than one nor more than 20 years."

                         SECTION 2.

  3- 8  All laws and parts of laws in conflict with this Act are
  3- 9  repealed.




































                              H. B. No. 87
                                 -3- (Index)