05 LC 29
1653
House
Bill 398
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 the penalties
for criminal solicitation; 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 16-4-7, relating to criminal solicitation, and inserting in lieu
thereof the following:
"16-4-7.
(a)
A person commits the offense of criminal solicitation when, with intent that
another person engage in conduct constituting a felony, he
or
she solicits, requests, commands,
importunes, or otherwise attempts to cause the other person to engage in such
conduct.
(b)
A person
convicted of the offense of criminal solicitation 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 solicitation to commit a felony
shall be punished by imprisonment for not less than one
nor more
than three years
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 which he or she solicited
the other person to commit, 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.
A person
convicted of the offense of criminal solicitation to commit a crime punishable
by death or by life imprisonment shall be punished by imprisonment for not less
than one nor more than five years.
(c)(d)
It is no defense to a prosecution for criminal solicitation that the person
solicited could not be guilty of the crime solicited.
(d)(e)
The provisions of subsections (a) through
(c)(d)
of this Code section are cumulative and shall not supersede any other penal law
of this
state."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.