09 LC 29
3779S
House
Bill 575 (COMMITTEE SUBSTITUTE)
By:
Representatives Golick of the
34th,
Ramsey of the
72nd,
Levitas of the
82nd,
Bearden of the
68th,
Cooper of the
41st,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
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.
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
Code Section 16-5-40, relating to kidnapping, as follows:
"16-5-40.
(a)
A person commits the offense of kidnapping when
he
such
person abducts or steals away
any
another
person without lawful authority or warrant and holds such
other
person against his
or
her will.
(b)(1)
For the offense of kidnapping to occur, slight movement shall be sufficient;
provided, however, that any such slight movement of another person which occurs
while in the commission of any other offense shall not constitute the offense of
kidnapping if such movement is merely incidental to such other
offense.
(2)
Movement shall not be considered merely incidental to another offense if
it:
(A)
Conceals or isolates the victim;
(B)
Makes the commission of the other offense substantially easier;
(C)
Lessens the risk of detection; or
(D)
Is for the purpose of avoiding apprehension.
(c)
The offense of kidnapping shall be considered a separate offense and shall not
merge with any other offense.
(b)(d)
A person convicted of the offense of kidnapping shall be punished
by:
(1)
Imprisonment for not less than ten nor more than 20 years if the kidnapping
involved a victim who was 14 years of age or older;
(2)
Imprisonment for life or by a split sentence that is a term of imprisonment for
not less than 25 years and not exceeding life imprisonment, followed by
probation for life, if the kidnapping involved a victim who is less than 14
years of age;
(3)
Life imprisonment or death if the kidnapping was for ransom; or
(4)
Life imprisonment or death if the person kidnapped received bodily
injury.
(c)(e)
Any person convicted under this Code section shall, in addition, be subject to
the sentencing and punishment provisions of Code Sections 17-10-6.1 and
17-10-7.
(f)
Venue for the offense of kidnapping shall be in any county where the accused
exercises dominion or control over the person of
another."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.