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03 LC 21 7330S/AP
House Bill 173 (AS PASSED HOUSE
AND SENATE)
By: Representatives Hill of the 81st and Stokes of the 72nd
By: Representatives Hill of the 81st and Stokes of the 72nd
A BILL TO BE
ENTITLED
AN ACT
AN ACT
To amend Code Section 16-11-160 of the Official Code of
Georgia Annotated, relating to use or possession of certain firearms during
commission of certain offenses and enhanced criminal penalties therefor, so as
to provide that it shall be unlawful for any person to wear a bulletproof vest
during the commission or attempted commission of certain offenses; to provide
penalties; to provide for related matters; to repeal conflicting laws; and for
other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
SECTION 1.
Code Section 16-11-160 of the Official Code of Georgia
Annotated, relating to use or possession of certain firearms during commission
of certain offenses and enhanced criminal penalties therefor, is amended by
striking said Code section in its entirety and inserting in lieu thereof the
following:
"16-11-160.
(a)(1) It shall be unlawful for any person to possess or to use a machine gun, sawed-off rifle, sawed-off shotgun, or a firearm equipped with a silencer, as those terms are defined in Code Section 16-11-121, during the commission or the attempted commission of any of the following offenses:
(1)(A) Aggravated
assault as defined in Code Section
16-5-21;
(2)(B) Aggravated
battery as defined in Code Section
16-5-24;
(3)(C) Robbery as
defined in Code Section
16-8-40;
(4)(D) Armed robbery
as defined in Code Section
16-8-41;
(5)(E) Murder or
felony murder as defined in Code Section
16-5-1;
(6)(F) Voluntary
manslaughter as defined in Code Section
16-5-2;
(7)(G) Involuntary
manslaughter as defined in Code Section
16-5-3;
(8)(H) Sale,
possession for sale, transportation, manufacture, offer for sale, or offer to
manufacture controlled substances in violation of any provision of Article 2 of
Chapter 13 of this title, the 'Georgia Controlled Substances
Act';
(9)(I) Terroristic
threats or acts as defined in Code Section
16-11-37;
(10)(J) Arson as
defined in Code Sections 16-7-60, 16-7-61, and
16-7-62;
(11)(K) Influencing
witnesses as defined in Code Section 16-10-93;
and
(12)(L) Participation in
criminal gang activity as defined in Code Section
16-15-4.
(2)(A) As used in this paragraph, the term 'bulletproof vest' means a bullet-resistant soft body armor providing, as a minimum standard, the level of protection known as 'threat level I,' which means at least seven layers of bullet-resistant material providing protection from at least three shots of 158-grain lead ammunition fired from a .38 caliber handgun at a velocity of 850 feet per second.
(B) It shall be unlawful for any person to wear a bulletproof vest during the commission or the attempted commission of any of the following offenses:
(i) Any crime against or involving the person of another in violation of any of the provisions of this title for which a sentence of life imprisonment may be imposed;
(ii) Any felony involving the manufacture, delivery, distribution, administering, or selling of controlled substances or marijuana as provided in Code Section 16-13-30; or
(iii) Trafficking in cocaine, illegal drugs, marijuana, or methamphetamine as provided in Code Section 16-13-31.
(b) Any person who violates paragraph (1) of subsection (a) of this Code section shall be guilty of a felony, and, upon conviction thereof, shall be punished by confinement for a period of ten years, such sentence to run consecutively to any other sentence which the person has received. Any person who violates paragraph (2) of subsection (a) of this Code section shall be guilty of a felony, and, upon conviction thereof, shall be punished by confinement for a period of one to five years, such sentence to run consecutively to any other sentence which the person has received.
(c) Upon the second or subsequent conviction of a person under this Code section, the person shall be punished by life imprisonment. Notwithstanding any other law to the contrary, the sentence of any person which is imposed for violating this Code section a second or subsequent time shall not be suspended by a court or a probationary sentence imposed in lieu thereof.
(d) The punishment prescribed for the violation of subsections (a) and (c) of this Code section shall not be probated or suspended as is provided by Code Section 17-10-7.
(e) Any crime committed in violation of this Code section shall be considered a separate offense."
"16-11-160.
(a)(1) It shall be unlawful for any person to possess or to use a machine gun, sawed-off rifle, sawed-off shotgun, or a firearm equipped with a silencer, as those terms are defined in Code Section 16-11-121, during the commission or the attempted commission of any of the following offenses:
(2)(A) As used in this paragraph, the term 'bulletproof vest' means a bullet-resistant soft body armor providing, as a minimum standard, the level of protection known as 'threat level I,' which means at least seven layers of bullet-resistant material providing protection from at least three shots of 158-grain lead ammunition fired from a .38 caliber handgun at a velocity of 850 feet per second.
(B) It shall be unlawful for any person to wear a bulletproof vest during the commission or the attempted commission of any of the following offenses:
(i) Any crime against or involving the person of another in violation of any of the provisions of this title for which a sentence of life imprisonment may be imposed;
(ii) Any felony involving the manufacture, delivery, distribution, administering, or selling of controlled substances or marijuana as provided in Code Section 16-13-30; or
(iii) Trafficking in cocaine, illegal drugs, marijuana, or methamphetamine as provided in Code Section 16-13-31.
(b) Any person who violates paragraph (1) of subsection (a) of this Code section shall be guilty of a felony, and, upon conviction thereof, shall be punished by confinement for a period of ten years, such sentence to run consecutively to any other sentence which the person has received. Any person who violates paragraph (2) of subsection (a) of this Code section shall be guilty of a felony, and, upon conviction thereof, shall be punished by confinement for a period of one to five years, such sentence to run consecutively to any other sentence which the person has received.
(c) Upon the second or subsequent conviction of a person under this Code section, the person shall be punished by life imprisonment. Notwithstanding any other law to the contrary, the sentence of any person which is imposed for violating this Code section a second or subsequent time shall not be suspended by a court or a probationary sentence imposed in lieu thereof.
(d) The punishment prescribed for the violation of subsections (a) and (c) of this Code section shall not be probated or suspended as is provided by Code Section 17-10-7.
(e) Any crime committed in violation of this Code section shall be considered a separate offense."
SECTION 2.
All laws and parts of laws in conflict with this Act are
repealed.