09 LC
29 3583
House
Bill 28
By:
Representatives Levitas of the
82nd,
Lunsford of the
110th,
Ramsey of the
72nd,
Wilkinson of the
52nd,
Jerguson of the
22nd,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
provide for legislative findings; to amend Article 3 of Chapter 5 of Title 16 of
the Official Code of Georgia Annotated, relating to kidnapping, false
imprisonment, and related offenses, so as to change certain provisions relating
to kidnapping; to provide for related matters; to repeal conflicting laws; and
for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
The
General Assembly acknowledges the Supreme Court of Georgia's decision in
Garza v.
State, Case No. S07G1628, November 3,
2008, which set forth a new standard for asportation as an element of the
offense of kidnapping. The General Assembly finds that the Supreme Court of
Georgia misinterpreted the General Assembly's silence regarding the "slight
movement" standard and hereby clarifies any misunderstanding regarding the
elements of the offense of kidnapping.
SECTION
2.
Article
3 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating
to kidnapping, false imprisonment, and related offenses, is amended by revising
subsection (a) of Code Section 16-5-40, relating to kidnapping, as
follows:
"(a)
A person commits the offense of kidnapping when he
or
she abducts or steals away any person
without lawful authority or warrant and holds such person against his
or
her will.
The element of
asportation shall be satisfied by any movement of such person, however slight,
and there shall be no minimum distance requirement of such movement. The offense
of kidnapping shall be considered a separate offense, not merely incidental to
the commission of another offense, and shall not merge with any other
offense."
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.