09 LC 29
3669S
The
Senate Public Safety Committee offered the following substitute to SB
52:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 14 of Chapter 1 of Title 10, Title 16, and Chapter 25 of Title 50
of the Official Code of Georgia Annotated, relating to secondary metal
recyclers, crimes and offenses, and the Georgia Technology Authority,
respectively, so as to provide for a registry of persons convicted of certain
theft crimes; to change punishment provisions for violations of Article 14 of
Chapter 1 of Title 10; to change punishment provisions relating to criminal
damage to property in the first degree; to change punishment provisions relating
to certain theft crimes involving ferrous metals or regulated metal property; to
create the crime of failing to register on the metal theft registry; to provide
for the Georgia Technology Authority to contract with the private sector to
create a metal theft registry; to provide for conditions of such registry; to
provide for definitions; 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.
Article
14 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating
to secondary metal recyclers, is amended by revising subsection (a) of Code
Section 10-1-357, relating to penalties for violations, as follows:
"(a)
Any person selling regulated metal property to a secondary metals recycler in
violation of any provision of this article shall be guilty of a misdemeanor
unless the value of the regulated metals property, in its original and undamaged
condition, in addition to any costs which are, or would be, incurred in
repairing or in the attempt to recover any property damaged in the theft or
removal of such regulated metal property, is in an aggregate amount which
exceeds $500.00, in which case such person shall be guilty of a felony and, upon
conviction, shall be punished by a fine of not more than $5,000.00 or by
imprisonment for not less than one nor more than five years, or
both, and
shall be required to register such conviction with the metal theft registry
pursuant to Code Section
50-25-17."
SECTION
2.
Title
16 of the Official Code of Georgia Annotated, relating to crimes and offenses,
is amended by revising Code Section 16-7-22, relating to criminal damage to
property in the first degree, as follows:
"16-7-22.
(a)
A person commits the offense of criminal damage to property in the first degree
when he or
she:
(1)
Knowingly and without authority interferes with any property in a manner so as
to endanger human life; or
(2)
Knowingly and without authority and by force or violence interferes with the
operation of any system of public communication, public transportation,
sewerage, drainage, water supply, gas, power, or other public utility service or
with any constituent property thereof.
(b)
A person convicted of the offense of criminal damage to property in the first
degree shall be punished by imprisonment for not less than one nor more than ten
years, and if
such conviction is for violating paragraph (2) of subsection (a) of this Code
section, such person shall be required to register such conviction with the
metal theft registry pursuant to Code Section
50-25-17."
SECTION
3.
Said
title is further amended by revising paragraph (9) of subsection (a) of Code
Section 16-8-12, relating to penalties for various theft crimes in violation of
Code Sections 16-8-2 through 16-8-9, as follows:
"(9)
Notwithstanding the provisions of paragraph (1) of this subsection, if the
property of the theft was ferrous metals or regulated metal property, as such
terms are defined in Code Section 10-1-350, and the aggregate amount of such
property, in its original and undamaged condition, exceeds $500.00, by
imprisonment for not less than one nor more than five years, a fine of not more
than $5,000.00, or
both, and such
person shall be required to register such conviction with the metal theft
registry pursuant to Code Section
50-25-17."
SECTION
4.
Said
title is further amended by revising Article 2 of Chapter 10, relating to
obstruction of public administration and related offenses, by adding a new Code
section to read as follows:
"16-10-34.
Any
individual who is required to register on the metal theft registry as specified
in Code Section 50-25-17 and who fails to comply with such requirement or who
provides false information shall be guilty of a
misdemeanor."
SECTION
5.
Chapter
25 of Title 50 of the Official Code of Georgia Annotated, relating to the
Georgia Technology Authority, is amended by adding a new Code section to read as
follows:
"50-25-17.
(a)
The authority shall contract with the private sector to create a metal theft
registry. The authority shall monitor the success of such
registry.
(b)
The metal theft registry shall collect the name, address, and photograph of any
individual who is required to register pursuant to subsection (a) of Code
Section 10-1-357, subsection (b) of Code Section 16-7-22, or paragraph (9) of
subsection (a) of Code Section 16-8-12. Registration shall not be required for
any individual who is sentenced pursuant to Article 3 of Chapter 8 of Title
42.
(c)
Each registrant shall be required to pay a one-time registration fee, not to
exceed $50.00, to the private sector entity selected by the authority and shall
supply a current photograph for the registry. A registrant shall be responsible
for updating any change in name or address within 30 days after such
change.
(d)
As used in this Code section, the term:
(1)
'Address' means the street or route address of the registrant's residence. For
purposes of this Code section, the term does not include a post office
box.
(2)
'Photograph' means a passport quality and passport sized
photograph."
SECTION
6.
This
Act shall become effective on January 1, 2010, and shall apply to all persons
convicted on and after such date.
SECTION
7.
All
laws and parts of laws in conflict with this Act are repealed.