05 LC 29
1652
House
Bill 386
By:
Representatives Miller of the
106th,
Ralston of the
7th,
Willard of the
49th,
Smith of the
129th,
and Mumford of the
95th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 4 of Title 16 of the Official Code of Georgia Annotated, relating
to criminal attempt, conspiracy, and solicitation, so as to change certain
penalties for conspiracy to commit a crime; to provide for related matters; to
repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
4 of Title 16 of the Official Code of Georgia Annotated, relating to criminal
attempt, conspiracy, and solicitation, is amended by striking in its entirety
Code Section 16-4-8, relating to conspiracy to commit a crime, and inserting in
lieu thereof the following:
"16-4-8.
(a)
A person commits the offense of conspiracy to commit a crime when he
or
she together with one or more persons
conspires to commit any crime and any one or more of such persons does any overt
act to effect the object of the conspiracy.
(b)
A person convicted of the offense of criminal conspiracy to commit a crime
punishable by death or by life imprisonment shall be punished by imprisonment
for not less than one year nor more than 20 years.
(c)
A person convicted of the offense of criminal conspiracy to commit a felony
shall be punished by imprisonment for not less than one year nor more than
one-half the maximum period of time for which he
or
she could have been sentenced if he
or
she had been convicted of the crime
conspired to have been committed, by one-half the maximum fine to which he
or
she could have been subjected if he
or
she had been convicted of such crime, or
both.
(d)
A person convicted of the offense of criminal conspiracy to commit a misdemeanor
shall be punished as for a misdemeanor.
A person
convicted of the offense of criminal conspiracy to commit a crime punishable by
death or by life imprisonment shall be punished by imprisonment for not less
than one year nor more than ten
years."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.