08 LC 29
3007
Senate
Bill 354
By:
Senators Carter of the 13th and Chance of the 16th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 40-6-393 of the Official Code of Georgia Annotated, relating
to homicide by vehicle, so as to provide another basis for first degree
vehicular homicide; to provide for related matters; to repeal conflicting laws;
and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 40-6-393 of the Official Code of Georgia Annotated, relating to homicide
by vehicle, is amended by revising subsections (a) and (b) as
follows:
"(a)
Any person who, without malice aforethought, causes the death of another person
through the violation
of:
(1)
Subsection
subsection
(a) of Code Section 40-6-163
or;
(2)
Subsection
subsection
(b) of Code Section 40-6-270
or;
(3)
Code Section 40-6-390 or 40-6-391
or;
(4)
Subsection
subsection
(a) of Code Section
40-6-395;
or
(5)
Subsection (a) of Code Section 40-6-16
commits
the offense of homicide by vehicle in the first degree and, upon conviction
thereof, shall be punished by imprisonment for not less than three years nor
more than 15 years.
(b)
Any person who causes the death of another person, without an intention to do
so, by violating any provision of this title other
than:
(1)
Subsection
subsection
(a) of Code Section 40-6-163
or;
(2)
Subsection
subsection
(b) of Code Section 40-6-270
or;
(3)
Code Section 40-6-390 or 40-6-391
or;
(4)
Subsection
subsection
(a) of Code Section
40-6-395;
or
(5)
Subsection (a) of Code Section 40-6-16
commits
the offense of homicide by vehicle in the second degree when such violation is
the cause of said death and, upon conviction thereof, shall be punished as
provided in Code Section 17-10-3."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.