07
LC 38 0249
House
Bill 281
By:
Representatives Benfield of the
85th,
Manning of the
32nd,
Talton of the
145th,
Chambers of the
81st,
Oliver of the
83rd,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia
Annotated, relating to the regulation of controlled substances, so as to create
a drug-free zone for child care learning centers; to repeal conflicting laws;
and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating
to the regulation of controlled substances, is amended by adding a new paragraph
to Code Section 16-13-21, relating to definitions regarding controlled
substances, to read as follows:
"(3.1)
'Child care learning center' shall have the same meaning as in Code Section
20-1A-2."
SECTION
2.
Said
article is further amended by revising Code Section 16-13-32.4, relating to
controlled substances in, on, or near schools, as follows:
"16-13-32.4.
(a)
It shall be unlawful for any person to manufacture, distribute, dispense, or
possess with intent to distribute a controlled substance or marijuana in, on, or
within 1,000 feet of any real property owned by or leased to any public or
private elementary school, secondary
school, child
care learning center, or school board used
for elementary or secondary education.
(b)
Any person who violates or conspires to violate subsection (a) of this Code
section shall be guilty of a felony and upon conviction shall receive the
following punishment:
(1)
Upon a first conviction, imprisonment for not more than 20 years or a fine of
not more than $20,000.00, or both; or
(2)
Upon a second or subsequent conviction, imprisonment for not less than five
years nor more than 40 years or a fine of not more than $40,000.00, or both. It
shall be mandatory for the court to impose a minimum sentence of five years
which may not be suspended unless otherwise provided by law.
A
sentence imposed under this Code section shall be served consecutively to any
other sentence imposed.
(c)
A conviction arising under this Code section shall not merge with a conviction
arising under any other provision of this article.
(d)
It shall be no defense to a prosecution for a violation of this Code section
that:
(1)
School was or was not in session at the time of the offense;
(2)
The real property was being used for other purposes besides school purposes at
the time of the offense; or
(3)
The offense took place on a school vehicle.
(e)
In a prosecution under this Code section, a map produced or reproduced by any
municipal or county agency or department for the purpose of depicting the
location and boundaries of the area on or within 1,000 feet of the real property
of a school board or a private or public elementary or secondary school
or child care
learning center that is used for
school
educational
purposes, or a true copy of the map, shall, if certified as a true copy by the
custodian of the record, be admissible and shall constitute prima-facie evidence
of the location and boundaries of the area, if the governing body of the
municipality or county has approved the map as an official record of the
location and boundaries of the area. A map approved under this Code section may
be revised from time to time by the governing body of the municipality or
county. The original of every map approved or revised under this subsection or
a true copy of such original map shall be filed with the municipality or county
and shall be maintained as an official record of the municipality or county.
This subsection shall not preclude the prosecution from introducing or relying
upon any other evidence or testimony to establish any element of this offense.
This subsection shall not preclude the use or admissibility of a map or diagram
other than the one which has been approved by the municipality or
county.
(f)
A county school board may adopt regulations requiring the posting of signs
designating the areas within 1,000 feet of school
boards,
and
private or public elementary and secondary schools
and child care
learning centers as 'Drug-free School
Zones.'
(g)
It is an affirmative defense to prosecution for a violation of this Code section
that the prohibited conduct took place entirely within a private residence, that
no person 17 years of age or younger was present in such private residence at
any time during the commission of the offense, and that the prohibited conduct
was not carried on for purposes of financial gain. Nothing in this subsection
shall be construed to establish an affirmative defense with respect to any
offense under this chapter other than the offense provided for in subsection (a)
of this Code section."
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.