SB 111 - Boat Safety - crime of homicide by vessel

Georgia Senate - 1995/1996 Sessions

SB 111 - Boat Safety - crime of homicide by vessel

Page Numbers - 1/ 2/ 3
Code Sections - 52-7-12.2/ 52-7-12.3/ 52-7-12.4/ 52-7-26
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1. Middleton  50th        2. Edge  28th              3. Madden  47th
4. Cagle  49th

Senate Comm: Nat R / House Comm: GF&P / Senate Vote: Yeas 55 Nays 0 --------------------------------------------- Senate Action House --------------------------------------------- 1/23/95 Read 1st time 1/31/95 1/26/95 Favorably Reported 2/8/95 Committee Amend/Sub Am 1/27/95 Read 2nd Time 2/1/95 1/30/95 Read 3rd Time 3/8/95 1/30/95 Passed/Adopted 3/8/95 Comm/Floor Amend/Sub CA 3/17/95 Amend/Sub Agreed To 3/30/95 Sent To Governor 4/7/95 Signed by Governor 232 Act/Veto Number 4/7/95 Effective Date --------------------------------------------- Code Sections amended: 52-7-3, 52-7-12.2, 52-7-12.3, 52-7-12.4, 52-7-26
SB 11195 SB111/AP SENATE BILL 111 By: Senators Middleton of the 50th, Edge of the 28th, Madden of the 47th, Cagle of the 49th and others A BILL TO BE ENTITLED AN ACT 1- 1 To amend Article 1 of Chapter 7 of Title 52 of the Official 1- 2 Code of Georgia Annotated, known as the "Georgia Boat Safety 1- 3 Act," so as to redefine the term "vessel"; to create the 1- 4 crimes of homicide by vessel, feticide by vessel, and 1- 5 serious injury by vessel; to provide for penalties for 1- 6 committing said crimes; to provide for related matters; to 1- 7 provide an effective date; to repeal conflicting laws; and 1- 8 for other purposes. 1- 9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. 1-10 Article 1 of Chapter 7 of Title 52 of the Official Code of 1-11 Georgia Annotated, known as the "Georgia Boat Safety Act," 1-12 is amended by striking paragraph (25) of Code Section 1-13 52-7-3, relating to definitions of certain terms used in 1-14 said article, and inserting in its place a new paragraph 1-15 (25) to read as follows: 1-16 "(25) 'Vessel' means every description of watercraft, 1-17 other than a seaplane on the water or a sailboard, used 1-18 or capable of being used as a means of transportation on 1-19 water and specifically includes, but is not limited to, 1-20 inflatable rafts; provided, however, Code Section 1-21 52-7-18, relating to rules of the road for boat traffic, 1-22 shall be applicable to sailboards." SECTION 2. 1-23 Said article is further amended by adding new Code Sections 1-24 52-7-12.2, 52-7-12.3, and 52-7-12.4 immediately after Code 1-25 Section 52-7-12.1 to read as follows: 1-26 "52-7-12.2. (Index) 1-27 (a) Any person who, without malice aforethought, causes 1-28 the death of another person through the violation of 1-29 subsection (j) of Code Section 52-7-8.2 or Code Section 1-30 52-7-12 or Code Section 52-7-12.1 or subsection (b) of 1-31 Code Section 52-7-13 or subsection (a) of Code Section S. B. 111 -1- (Index) SB111/AP 2- 1 52-7-14 or subsection (c) of Code Section 52-7-25 commits 2- 2 the offense of homicide by vessel in the first degree. A 2- 3 person convicted under this subsection shall be guilty of 2- 4 a felony and shall be punished by imprisonment for not 2- 5 less than two years nor more than 15 years. 2- 6 (b) Any person who causes the death of another person, 2- 7 without an intention to do so, by violating any provision 2- 8 of this title other than subsection (j) of Code Section 2- 9 52-7-8.2 or Code Section 52-7-12 or Code Section 52-7-12.1 2-10 or subsection (b) of Code Section 52-7-13 or subsection 2-11 (a) of Code Section 52-7-14 or subsection (c) of Code 2-12 Section 52-7-25 commits the offense of homicide by vessel 2-13 in the second degree when such violation is the cause of 2-14 said death. A person convicted under this subsection 2-15 shall be guilty of a misdemeanor and shall be punished as 2-16 provided in Code Section 17-10-3. 2-17 52-7-12.3. (Index) 2-18 (a)(1) A person commits the offense of feticide by 2-19 vessel in the first degree if he or she causes the death 2-20 of an unborn child so far developed as to be ordinarily 2-21 called 'quick' by any injury to the mother of such child 2-22 through the violation of subsection (j) of Code Section 2-23 52-7-8.2 or Code Section 52-7-12 or Code Section 2-24 52-7-12.1 or subsection (b) of Code Section 52-7-13 or 2-25 subsection (a) of Code Section 52-7-14 or subsection (c) 2-26 of Code Section 52-7-25, which would be homicide by 2-27 vessel in the first degree as provided in subsection (a) 2-28 of Code Section 52-7-12.2 if it resulted in the death of 2-29 such mother. 2-30 (2) A person convicted of the offense of feticide by 2-31 vessel in the first degree shall be guilty of a felony 2-32 and shall be punished by imprisonment for not less than 2-33 two years nor more than 15 years. 2-34 (b)(1) A person commits the offense of feticide by 2-35 vessel in the second degree if he or she causes the 2-36 death of an unborn child so far developed as to be 2-37 ordinarily called 'quick' by any injury to the mother of 2-38 such child by violating any provision of this title 2-39 other than subsection (j) of Code Section 52-7-8.2 or 2-40 Code Section 52-7-12 or Code Section 52-7-12.1 or 2-41 subsection (b) of Code Section 52-7-13 or subsection (a) 2-42 of Code Section 52-7-14 or subsection (c) of Code 2-43 Section 52-7-25, which would be homicide by vessel in S. B. 111 -2- (Index) SB111/AP 3- 1 the second degree as provided in subsection (b) of Code 3- 2 Section 52-7-12.2 if it resulted in the death of such 3- 3 mother. 3- 4 (2) A person convicted of the offense of feticide by 3- 5 vessel in the second degree shall be guilty of a 3- 6 misdemeanor and shall be punished as provided in Code 3- 7 Section 17-10-3. 3- 8 52-7-12.4. (Index) 3- 9 Whoever, without malice, shall cause bodily harm to 3-10 another by depriving him or her of a member of his or her 3-11 body, by rendering a member of his or her body useless, by 3-12 seriously disfiguring his or her body or a member thereof, 3-13 or by causing organic brain damage which renders the body 3-14 or any member thereof useless through the violation of 3-15 subsection (j) of Code Section 52-7-8.2 or Code Section 3-16 52-7-12 or Code Section 52-7-12.1 or subsection (b) of 3-17 Code Section 52-7-13 or subsection (a) of Code Section 3-18 52-7-14 or subsection (c) of Code Section 52-7-25 shall be 3-19 guilty of the crime of serious injury by vessel. A person 3-20 convicted under this Code section shall be guilty of a 3-21 felony and shall be punished by imprisonment for not less 3-22 than one year nor more than five years." SECTION 3. 3-23 Said article is further amended by striking Code Section 3-24 52-7-26, relating to criminal penalties, in its entirety and 3-25 inserting in lieu thereof a new Code Section 52-7-26 to read 3-26 as follows: 3-27 "52-7-26. (Index) 3-28 Except as otherwise provided in this article, any Any 3-29 person who violates this article or any rule or regulation 3-30 promulgated hereunder shall be guilty of a misdemeanor." SECTION 4. 3-31 This Act shall become effective upon its approval by the 3-32 Governor or upon its becoming law without such approval. SECTION 5. 3-33 All laws and parts of laws in conflict with this Act are 3-34 repealed. S. B. 111 -3- (Index)

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