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HB 649 - Cont subst; cert activities near park/housing project

Connell, Jack (115th)

Status Summary	HC:	SJudy	SC:	Judy	FR:	02/16/99	LA:	05/01/00	Signed by Governor

First Reader Summary

A BILL to amend Code Section 16-13-32.5 of the Official Code of Georgia Annotated, relating to manufacturing, distributing, dispensing, or possessing a controlled substance, marijuana, or a counterfeit substance within 1,000 feet of a park or housing project, so as to provide a penalty for the violation of one of two prohibited activities; and for other purposes.

HB 649                                             LC 21 5368 
 
 
 
 
 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Code Section 16-13-32.5 of the Official Code of 
  1- 2  Georgia Annotated, relating to manufacturing, distributing, 
  1- 3  dispensing, or possessing a controlled substance, marijuana, 
  1- 4  or a counterfeit substance within 1,000 feet of a park or 
  1- 5  housing project, so as provide a penalty for the violation 
  1- 6  of one of two prohibited activities; to provide an effective 
  1- 7  date; to repeal conflicting laws; and for other purposes. 
 
  1- 8       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1- 9                           SECTION 1. 
 
  1-10  Code Section 16-13-32.5 of the Official Code of Georgia 
  1-11  Annotated, relating to manufacturing, distributing, 
  1-12  dispensing, or possessing a controlled substance, marijuana, 
  1-13  or a counterfeit substance within 1,000 feet of a park or 
  1-14  housing project, is amended by striking in its entirety 
  1-15  subsection (c) and inserting in lieu thereof the following: 
 
  1-16    "(c) Any person who violates or conspires to violate 
  1-17    subsections subsection (a) and or (b) of this Code section 
  1-18    shall be guilty of a felony and upon conviction shall 
  1-19    receive the following punishment: 
 
  1-20      (1) Upon a first conviction, imprisonment for not more 
  1-21      than 20 years or a fine of not more than $20,000.00, or 
  1-22      both; or 
 
  1-23      (2) Upon a second or subsequent conviction, imprisonment 
  1-24      for not less than five years nor more than 40 years or a 
  1-25      fine of not more than $40,000.00, or both.  It shall be 
  1-26      mandatory for the court to impose a minimum sentence of 
  1-27      five years which may not be suspended unless otherwise 
  1-28      provided by law. 
 
  1-29    A sentence imposed under this Code section shall be served 
  1-30    consecutively to any other sentence imposed." 
 
 
 
 
 
 
                                 -1- 
 
 
 
  2- 1                           SECTION 2. 
 
  2- 2  This Act shall become effective upon its approval by the 
  2- 3  Governor or upon its becoming law without such approval. 
 
  2- 4                           SECTION 3. 
 
  2- 5  All laws and parts of laws in conflict with this Act are 
  2- 6  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                 -2-