06 LC 35
0060
House
Bill 1185
By:
Representatives Wix of the
33rd,
Teilhet of the
40th,
Jenkins of the
8th,
Powell of the
29th,
Borders of the
175th,
and others
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 increase the punishment and modify
sentencing requirements for persons committing burglaries and to change certain
provisions relating to sanctions for burglary; to amend Article 1 of Chapter 8
of Title 16 of the Official Code of Georgia Annotated, relating to offenses
involving theft, so as to increase the punishment for those receiving or
transporting into the state property stolen from a residence; to change certain
provisions relating to sanctions for theft; to provide for related matters; to
provide for applicability and an effective date; 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 striking subsection (b) of Code Section 16-7-1,
relating to burglary, and inserting in its place a new subsection (b) to read as
follows:
∀(b)
Upon a second conviction for a crime of burglary occurring after the first
conviction, a person shall be punished by imprisonment for not less than
two
three
nor more than 20 years. Upon a third conviction for the crime of burglary
occurring after the first conviction, a person shall be punished by imprisonment
for not less than
five
ten
nor more than 20 years.
Any person
convicted under this Code section shall, in addition, be subject to the
sentencing and punishment provisions of Code Section
17-10-7. Adjudication of guilt or
imposition of sentence shall not be suspended, probated, deferred, or withheld
for any offense punishable under this
subsection.∀
SECTION
2.
Article
1 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating
to offenses involving theft, is amended in Code Section 16-8-12, relating to
penalties for violation of Code Sections 16-8-2 through 16-8-9, by striking "or"
from the end of paragraph (7), by striking the period and inserting in its place
"; or" at the end of paragraph (8), and by inserting a new paragraph (9) in
subsection (a) to read as follows:
∀(9)
If the crime committed was a violation of Code Sections 16-8-7 through 16-8-9
and if the property which was the subject of the theft was property removed from
within a dwelling or residence, by imprisonment for not less than one nor more
than ten years or, in the discretion of the trial judge, as for a misdemeanor;
provided, however, that any person who is convicted of a second or subsequent
offense under this paragraph shall be punished by imprisonment for not less than
two nor more than 20
years.∀
SECTION
3.
This
Act shall become effective on July 1, 2006, and shall apply to crimes and
offenses committed on or after that date.
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.