06 AM 28
0681
WITHDRAWN
Senator
Tate of the 38th offered the following amendment:
Amend
the Senate Health and Human Services Committee substitute to SB 77 (LC 21 8827S)
by inserting after "the person, is"
on line 16 on page 1
the following:
amended
by striking Code Section 16-5-2, relating to voluntary manslaughter, and
inserting in lieu thereof a new Code Section 16-5-2 to read as
follows:
"16-5-2.
(a)
A person commits the offense of voluntary manslaughter when he causes the death
of another human being under circumstances which would otherwise be murder and
if he acts solely as the result of a sudden, violent, and irresistible passion
resulting from serious provocation sufficient to excite such passion in a
reasonable person; however, if there should have been an interval between the
provocation and the killing sufficient for the voice of reason and humanity to
be heard, of which the jury in all cases shall be the judge, the killing shall
be attributed to deliberate revenge and be punished as murder.
(b)
A person who commits the offense of voluntary manslaughter, upon conviction
thereof, shall be punished by imprisonment for not less than one nor more than
20 years.
(c)
A person who commits the offense of voluntary manslaughter against a female who
is pregnant at the time of the offense shall, upon conviction, be punished by
imprisonment for not less than ten nor more than 20 years.
(d)
Nothing in this Code section shall be construed to permit the prosecution
of:
(1)
Any person for conduct relating to an abortion for which the consent of the
pregnant woman, or person authorized by law to act on her behalf, has been
obtained or for which such consent is implied by law;
(2)
Any person for any medical treatment of the pregnant woman or her unborn child;
or
(3)
Any woman with respect to her unborn
child."
SECTION
1A.
Said
chapter is further
By
striking lines 15 through 35 on page 2 and lines 1 through 8 on page 3 and
redesignating Sections 3 through 6 as Sections 2 through 5,
respectively.