Georgia Senate - 1995/1996 Sessions

SB 386 - Theft by Shoplifting - max. $250 prop. value for misdemeanor

Page Numbers - 1/ 2

1. Oliver  42nd


Senate Comm: Judy       /         House Comm:            /                                          
Senate Vote: Yeas 19    Nays 32                                                                     
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              Senate          Action          House                                                 
           ---------------------------------------------                                            
             2/20/95   Read 1st time                                                                
             2/29/96   Favorably Reported                                                           
             Sub       Committee Amend/Sub                                                          
             3/5/96    Read 2nd Time                                                                
             3/6/96    Read 3rd Time                                                                
             3/6/96    Lost                                                                         
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Code Sections amended: 16-8-14                                                                      


SB 386 96                                          LC 25 0075

      SENATE BILL 386

      By:  Senator Oliver of the 42nd


                        A BILL TO BE ENTITLED
                               AN ACT


  1- 1  To amend Code Section 16-8-14 of the Official Code of
  1- 2  Georgia Annotated, relating to theft by shoplifting, so as
  1- 3  to increase the maximum property value for misdemeanor
  1- 4  shoplifting from $100.00 to $250.00; to repeal conflicting
  1- 5  laws; and for other purposes.

  1- 6       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

                         SECTION 1.

  1- 7  Code Section 16-8-14 of the Official Code of Georgia
  1- 8  Annotated, relating to theft by shoplifting, is amended by
  1- 9  striking in its entirety subsection (b) and inserting in its
  1-10  place a new subsection (b) to read as follows:

  1-11      "(b)(1) A person convicted of the offense of theft by
  1-12      shoplifting, as provided in subsection (a) of this Code
  1-13      section when the property which was the subject of the
  1-14      theft is $100.00 $250.00 or less in value, shall be
  1-15      punished as for a misdemeanor; provided, however, that:

  1-16        (A) Upon conviction of a second such offense, in
  1-17        addition to or in lieu of any imprisonment which might
  1-18        be imposed, the defendant shall be fined not less than
  1-19        $250.00 and the fine shall not be suspended or
  1-20        probated;

  1-21        (B) Upon conviction of a third such offense, in
  1-22        addition to or in lieu of any fine which might be
  1-23        imposed, the defendant shall be punished by
  1-24        imprisonment for not less than 30 days; and such
  1-25        sentence of imprisonment shall not be suspended,
  1-26        probated, deferred, or withheld; and

  1-27        (C) Upon conviction of a fourth or subsequent such
  1-28        offense, the defendant commits a felony and shall be
  1-29        punished by imprisonment for not less than one nor
  1-30        more than ten years; and the first year of such
  1-31        sentence shall not be suspended, probated, deferred,
  1-32        or withheld.


                             S. B. 386
                                 -1- (Index)

                                                  LC 25 0075

  2- 1      (2) A person convicted of the offense of theft by
  2- 2      shoplifting, as provided in subsection (a) of this Code
  2- 3      section, when the property which was the subject of the
  2- 4      theft exceeds $100.00 $250.00 in value commits a felony
  2- 5      and shall be punished by imprisonment for not less than
  2- 6      one nor more than ten years."

                         SECTION 2.

  2- 7  All laws and parts of laws in conflict with this Act are
  2- 8  repealed.





































                             S. B. 386
                                 -2- (Index)