10 LC 29 4290S
(SCS)
Senate
Bill 423
By:
Senators Smith of the 52nd, Hamrick of the 30th, Butterworth of the 50th,
Douglas of the 17th, Mullis of the 53rd and others
AS
PASSED SENATE
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 1 of Chapter 7 of Title 16 of the Official Code of Georgia
Annotated, relating to burglary, so as to provide for the new offense of smash
and grab burglary; to provide for the elements of the offense; to provide for
penalties; to amend Article 1 of Chapter 12 of Title 16 of the Official Code of
Georgia Annotated, relating to general provisions for offenses against public
health and morals, so as to provide for smash and grab burglaries in the context
of contributing to the delinquency of a minor; to amend Code Section 16-14-3 of
the Official Code of Georgia Annotated, relating to definitions for the
"Racketeer Influenced and Corrupt Organizations Act," so as to provide for smash
and grab burglaries as racketeering activity; to amend Chapter 11 of Title 15 of
the Official Code of Georgia Annotated, relating to juvenile proceedings, so as
correct cross-references and add smash and grab burglary to the list of acts
constituting a designated felony; 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
1 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating
to burglary, is amended by adding a new Code section to read as
follows:
"16-7-2.
(a)
As used in this Code section, the term 'retail establishment' means an
establishment that sells goods or merchandise from a fixed location for direct
consumption by a purchaser and includes establishments that prepare and sell
meals or other edible products either for carry out or service within the
establishment.
(b)
A person commits the offense of smash and grab burglary when he or she
intentionally and without authority enters a retail establishment with the
intent to commit a theft and causes damage in excess of $500.00 to such
establishment without the owner's consent.
(c)
A person convicted of smash and grab burglary shall be guilty of a felony and,
upon conviction, shall be punished by imprisonment for not less than two nor
more than 20 years, by a fine of not more than $100,000.00, or both; provided,
however, that upon a second or subsequent conviction, he or she shall be
punished by imprisonment for not less than five nor more than 20 years, by a
fine of not more than $100,000.00, or
both."
SECTION
2.
Article
1 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating
to general provisions for offenses against public health and morals, is amended
by revising subsections (b) and (e) of Code Section 16-12-1, relating to
contributing to the delinquency, unruliness, or deprivation of a minor, as
follows:
"(b)
A person commits the offense of contributing to the delinquency, unruliness, or
deprivation of a minor when such person:
(1)
Knowingly and willfully encourages, causes, abets, connives, or aids a minor in
committing a delinquent act as such is defined in Code Section 15-11-2, relating
to juvenile proceedings;
(2)
Knowingly and willfully encourages, causes, abets, connives, or aids a minor in
committing an act which would cause such minor to be found to be an unruly child
as such is defined in Code Section 15-11-2, relating to juvenile
proceedings;
(3)
Willfully commits an act or acts or willfully fails to act when such act or
omission would cause a minor to be found to be a deprived child as such is
defined in Code Section 15-11-2, relating to juvenile proceedings;
(4)
Knowingly and willfully hires, solicits, engages, contracts with, conspires
with, encourages, abets, or directs any minor to commit any felony which
encompasses force or violence as an element of the offense or delinquent act
which would constitute a felony which encompasses force or violence as an
element of the offense if committed by an adult;
or
(5)
Knowingly and willfully provides to a minor any weapon as defined in paragraph
(2) of subsection (a) of Code Section 16-11-127.1 or any weapon as defined in
Code Section 16-11-121 to commit any felony which encompasses force or violence
as an element of the offense or delinquent act which would constitute a felony
which encompasses force or violence as an element of the offense if committed by
an adult;
or
(6)
Knowingly and willfully hires, solicits, engages, contracts with, conspires
with, encourages, abets, or directs any minor to commit any smash and grab
burglary which would constitute a felony if committed by an
adult."
"(e)
A person convicted pursuant to paragraph
(4),
or
(5), or
(6) of subsection (b) or paragraph (1) of
subsection (d.1) of this Code section shall be guilty of a felony and punished
as follows:
(1)
Upon conviction of the first offense, the defendant shall be imprisoned for not
less than one nor more than
five
ten
years; and
(2)
Upon conviction of the second or subsequent offense, the defendant shall be
imprisoned for not less than three years nor more than 20
years."
SECTION
3.
Code
Section 16-14-3, relating to definitions for the "Racketeer Influenced and
Corrupt Organizations Act," is amended by revising division (9)(A)(vii) as
follows:
"(vii)
Code Section 16-7-1, relating to
burglary, or
Code Section 16-7-2, relating to smash and grab
burglary;"
SECTION
4.
Chapter
11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile
proceedings, is amended by revising Code Section 15-11-30.3, relating to
commission of designated felony act of burglary by a child 15 years of age or
older, by adding a new subsection to read as follows:
"(e)
The provisions of this Code section shall not apply to a smash and grab
burglary."
SECTION
5.
Said
chapter is further amended by revising Code Section 15-11-63, relating to
designated felony acts, by striking "or" at the end of division (a)(2)(B)(ix),
by striking the semicolon and inserting in its place "; or" at the end of
division (a)(2)(B)(x), and by adding a new division to read as
follows:
"(xi)
Any violation of Code Section
16-7-2;"
SECTION
6.
All
laws and parts of laws in conflict with this Act are repealed.