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HB 1055 - Arson; places of worship; certain surgical facilities; penalties

Bunn, Barbara Jean (74th)	Walker, Len (87th)	Tillman, Eugene C (173rd)
Smith, Jr., Vance C (102nd)	Taylor, Maretta M (134th)	Roberts, Lawrence R (162nd)

Status Summary	HC:	SJudy	SC:		FR:	03/23/99	LA:	02/29/00	H - Favorably Reported (Sub)

First Reader Summary

A BILL to amend Article 3 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to arson and explosives, so as to change the definition of the crime of arson in the first degree; to provide that any such person punished for arson in the first degree of a church, synagogue, mosque, or other place of public religious worship, or any ambulatory surgical facility shall be sentenced to a mandatory minimum term of imprisonment of ten years and no portion of the mandatory minimum sentence imposed shall be suspended; and for other purposes.

Code Sections - 16-7-60

HB 1055                                           LC 10 3176S 
 
               The House Committee on Special Judiciary offers the 
      following substitute to HB 1055: 
 
 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Article 3 of Chapter 7 of Title 16 of the Official 
  1- 2  Code of Georgia Annotated, relating to arson and explosives, 
  1- 3  so as to change the definition of and the penalty for the 
  1- 4  crime of arson in the first degree; to provide that in any 
  1- 5  case in which the defendant commits arson in the first 
  1- 6  degree and in the course of the commission of the offense 
  1- 7  such person knowingly damages or knowingly causes, aids, 
  1- 8  abets, advises, encourages, hires, counsels, or procures 
  1- 9  another to damage any church, synagogue, mosque, or other 
  1-10  place of public religious worship, such facts shall be 
  1-11  charged in the indictment or accusation, and, if found to be 
  1-12  true by the court or if admitted by the defendant, the 
  1-13  defendant shall be punished by a fine of not less than 
  1-14  $25,000.00 nor more than $100,000.00 or by imprisonment for 
  1-15  not less than ten nor more than 25 years, or both; to 
  1-16  provide that any such person punished for arson in the first 
  1-17  degree of a church, synagogue, mosque, or other place of 
  1-18  public religious worship shall be sentenced to a mandatory 
  1-19  minimum term of imprisonment of ten years and no portion of 
  1-20  the mandatory minimum sentence imposed shall be suspended, 
  1-21  stayed, probated, deferred, or withheld by the sentencing 
  1-22  court; to repeal conflicting laws; and for other purposes. 
 
  1-23       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1-24                           SECTION 1. 
 
  1-25  Article 3 of Chapter 7 of Title 16 of the Official Code of 
  1-26  Georgia Annotated, relating to arson and explosives, is 
  1-27  amended by striking in its entirety Code Section 16-7-60, 
  1-28  relating to the offense of arson in the first degree, and 
  1-29  inserting in lieu thereof a new Code Section 16-7-60 to read 
  1-30  as follows: 
 
  1-31    "16-7-60. 
 
  1-32    (a) A person commits the offense of arson in the first 
  1-33    degree when, by means of fire or explosive, he such person 
  1-34    knowingly damages or knowingly causes, aids, abets, 
 
 
 
                                 -1- 
 
 
 
  2- 1    advises, encourages, hires, counsels, or procures another 
  2- 2    to damage: 
 
  2- 3      (1) Any dwelling house of another without his or her 
  2- 4      consent or in which another has a security interest, 
  2- 5      including but not limited to a mortgage, a lien, or a 
  2- 6      conveyance to secure debt, without the consent of both, 
  2- 7      whether it is occupied, unoccupied, or vacant; 
 
  2- 8      (2) Any building, vehicle, railroad car, watercraft, or 
  2- 9      other structure of another without his or her consent or 
  2-10      in which another has a security interest, including but 
  2-11      not limited to a mortgage, a lien, or a conveyance to 
  2-12      secure debt, without the consent of both, if such 
  2-13      structure is designed for use as a dwelling, whether it 
  2-14      is occupied, unoccupied, or vacant; 
 
  2-15      (3) Any dwelling house, building, vehicle, railroad car, 
  2-16      watercraft, aircraft, or other structure whether it is 
  2-17      occupied, unoccupied, or vacant and when such is insured 
  2-18      against loss or damage by fire or explosive and such 
  2-19      loss or damage is accomplished without the consent of 
  2-20      both the insurer and the insured; 
 
  2-21      (4) Any dwelling house, building, vehicle, railroad car, 
  2-22      watercraft, aircraft, or other structure whether it is 
  2-23      occupied, unoccupied, or vacant with the intent to 
  2-24      defeat, prejudice, or defraud the rights of a spouse or 
  2-25      co-owner; or 
 
  2-26      (5) Any building, vehicle, railroad car, watercraft, 
  2-27      aircraft, or other structure under such circumstances 
  2-28      that it is reasonably foreseeable that human life might 
  2-29      be endangered.; or 
 
  2-30      (6) Any church, synagogue, mosque, or other place of 
  2-31      public religious worship. 
 
  2-32      (b)(1) Except as otherwise provided in paragraph (2) of 
  2-33      this subsection, a person A person convicted of the 
  2-34      offense of arson in the first degree shall  be punished 
  2-35      by a fine of not less than $1,000.00 nor more than 
  2-36      $50,000.00 or by imprisonment for not less than one nor 
  2-37      more than 20 years, or both. 
 
  2-38      (2) The provisions of paragraph (1) of this subsection 
  2-39      notwithstanding, in any case in which the defendant 
  2-40      commits arson in the first degree and in the course of 
  2-41      the commission of the offense such person knowingly 
  2-42      damages or knowingly causes, aids, abets, advises, 
 
 
                                 -2- 
 
 
 
  3- 1      encourages, hires, counsels, or procures another to 
  3- 2      damage any church, synagogue, mosque, or other place of 
  3- 3      public religious worship, such facts shall be charged in 
  3- 4      the indictment or accusation, and, if found to be true 
  3- 5      by the court of if admitted by the defendant, the 
  3- 6      defendant shall be punished by a fine of not less than 
  3- 7      $25,000.00 nor more than $100,000.00 or by imprisonment 
  3- 8      for not less than ten nor more than 25 years, or both; 
  3- 9      provided, however, that any such person punished 
  3-10      pursuant to this paragraph shall be sentenced to a 
  3-11      mandatory minimum term of imprisonment of ten years and 
  3-12      no portion of the mandatory minimum sentence imposed 
  3-13      shall be suspended, stayed, probated, deferred, or 
  3-14      withheld by the sentencing court." 
 
  3-15                           SECTION 2. 
 
  3-16  All laws and parts of laws in conflict with this Act are 
  3-17  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                 -3-