hb336_LC_29_3200S_hs

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08 LC 29 3200S

The House Committee on Judiciary, Non-civil offers the following substitute to HB 336:

A BILL TO BE ENTITLED
AN ACT

To amend Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to procedure for sentencing and imposition of punishment, so as to provide for punishment for 24-month misdemeanors and 36-month misdemeanors; to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers´ licenses, so as to change certain provisions relating to clinical evaluations and substance abuse treatment programs for certain offenders; to change certain provisions relating to reinstatement of licenses suspended for driving under the influence of alcohol or drugs and red stripe on licenses of repeat offenders, so as to correct a cross-reference; to amend Code Section 40-6-391 of the Official Code of Georgia Annotated, relating to driving under the influence of alcohol, drugs, or other intoxicating substances, so as to substantially revise the punishment provisions related to driving under the influence of alcohol, drugs, or other intoxicating substances; to amend Code Section 42-4-7 of the Official Code of Georgia Annotated, relating to maintenance of inmate records by the sheriff and earned-time allowances, so as to eliminate allowances for earned-time credits in cases involving second or subsequent violations of Code Section 40-6-391; to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to revise the definition of the term felony; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to procedure for sentencing and imposition of punishment, is amended by revising subsection (b) of Code Section 17-10-3.1, relating to punishment for violations of Code Section 40-6-391, as follows:

"(b) Any confinement of a person pursuant to a sentence to a period of imprisonment under Code Section 40-6-391 upon conviction for violating subsection (k) of said Code section shall be served in a county jail, if such person is punished as for a misdemeanor and such sentence is not made concurrent to a felony sentence requiring actual imprisonment in an institution supervised by the Department of Corrections; provided, however, that for the first such violation such person shall be kept segregated from all offenders other than those confined for violating subsection (k) of Code Section 40-6-391."

SECTION 2.

Said article is further amended by adding two new Code sections to read as follows:

"17-10-4.1.

(a) A defendant who is convicted of an offense which is punishable as a 24-month misdemeanor shall be punished by a fine not to exceed $5,000.00 or by confinement in the county or other jail, county correctional institution, or such other places as counties may provide for maintenance of county inmates, for a term not to exceed 24 months, or both; provided, however, that a defendant convicted of an offense punishable as a 24-month misdemeanor, which offense was committed by an inmate within the confines of a state correctional institution and sentenced to confinement as a result of such offense, or a defendant convicted of an offense punishable as a 24-month misdemeanor, which sentence is made concurrent to a felony sentence imposing actual imprisonment in an institution supervised by the Department of Corrections, shall be sentenced to confinement under the jurisdiction of the Board of Corrections in a state correctional institution or such other institution as the Department of Corrections may direct for a term which shall not exceed 24 months. In all cases imposing a sentence pursuant to this Code section, the sentencing court shall retain jurisdiction to amend, modify, alter, suspend, or probate such sentences as set forth in subsection (f) of Code Section 17-10-1; provided, however, that in no instance shall a sentence imposed under this Code section be modified in such a manner as to reduce any mandatory sentence or to increase the amount of fine or the term of confinement.

(b) Except as provided in paragraph (8) of subsection (c) of Code Section 40-6-391, a person sentenced for a 24-month misdemeanor shall be eligible for not more than four days per month earned-time allowance.

(c) This Code section shall apply only to those offenses punishable by a 24-month misdemeanor sentence and only where specific reference is made to the term '24-month misdemeanor' in the punishment provisions of the applicable Code section; provided, however, that in all respects, except for punishment, a 24-month misdemeanor shall be regarded as a misdemeanor.

(d) In all 24-month misdemeanor cases in which, upon conviction, a six-month sentence or less is imposed, it is within the authority and discretion of the sentencing judge to allow the sentence to be served on weekends by weekend confinement or during the nonworking hours of the defendant. A weekend shall commence and shall end in the discretion of the sentencing judge, and the nonworking hours of the defendant shall be determined in the discretion of the sentencing judge; provided, however, that the judge shall retain plenary control of the defendant at all times during the sentence period. A weekend term shall be counted as serving two days of the full sentence. Confinement during the nonworking hours of a defendant during any day may be counted as serving a full day of the sentence.

(e) The Department of Corrections shall lack jurisdiction to supervise 24-month misdemeanor offenders, except when the sentence is made concurrent to a felony sentence or when the sentence is accepted pursuant to Code Section 42-9-71. Except as provided in subsection (a) of this Code section and this subsection, the Department of Corrections shall lack jurisdiction to confine 24-month misdemeanor offenders.

(f) Punishment under this Code section shall not be considered a felony for any purpose.

17-10-4.2.

(a) A defendant who is convicted of an offense which is punishable as a 36-month misdemeanor shall be punished by a fine not to exceed $5,000.00 or by confinement in the county or other jail, county correctional institution, or such other places as counties may provide for maintenance of county inmates, for a term not to exceed 36 months, or both; provided, however, that a defendant convicted of an offense punishable as a 36-month misdemeanor, which offense was committed by an inmate within the confines of a state correctional institution and sentenced to confinement as a result of such offense, or a defendant convicted of an offense punishable as a 36-month misdemeanor, which sentence is made concurrent to a felony sentence imposing actual imprisonment in an institution supervised by the Department of Corrections, shall be sentenced to confinement under the jurisdiction of the Board of Corrections in a state correctional institution or such other institution as the Department of Corrections may direct for a term which shall not exceed 36 months. In all cases imposing a sentence pursuant to this Code section, the sentencing court shall retain jurisdiction to amend, modify, alter, suspend, or probate such sentences as set forth in subsection (f) of Code Section 17-10-1; provided, however, that in no instance shall a sentence imposed under this Code section be modified in such a manner as to reduce any mandatory sentence or to increase the amount of fine or the term of confinement.

(b) Except as provided in paragraph (8) of subsection (c) of Code Section 40-6-391, a person sentenced for a 36-month misdemeanor shall be eligible for not more than four days per month earned-time allowance.

(c) This Code section shall apply only to those offenses punishable by a 36-month misdemeanor sentence and only where specific reference is made to the term '36-month misdemeanor' in the punishment provisions of the applicable Code section; provided, however, that in all respects except for punishment a 36-month misdemeanor shall be regarded as a misdemeanor.

(d) In all 36-month misdemeanor cases in which, upon conviction, a six-month sentence or less is imposed, it is within the authority and discretion of the sentencing judge to allow the sentence to be served on weekends by weekend confinement or during the nonworking hours of the defendant. A weekend shall commence and shall end in the discretion of the sentencing judge, and the nonworking hours of the defendant shall be determined in the discretion of the sentencing judge; provided, however, that the judge shall retain plenary control of the defendant at all times during the sentence period. A weekend term shall be counted as serving two days of the full sentence. Confinement during the nonworking hours of a defendant during any day may be counted as serving a full day of the sentence.

(e) The Department of Corrections shall lack jurisdiction to supervise 36-month misdemeanor offenders, except when the sentence is made concurrent to a felony sentence or when the sentence is accepted pursuant to Code Section 42-9-71. Except as provided in subsection (a) of this Code section or this subsection, the Department of Corrections shall lack jurisdiction to confine 36-month misdemeanor offenders.

(f) Punishment under this Code section shall not be considered a felony for any purpose."

SECTION 3.

Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers´ licenses, is amended by revising Code Section 40-5-63.1, relating to clinical evaluation and substance abuse treatment programs for certain offenders, as follows:

"40-5-63.1.

In addition to any and all other conditions of license reinstatement, issuance, or restoration under Code Section 40-5-58, 40-5-62, or 40-5-63, any person with two or more convictions of violation of for violating Code Section 40-6-391 within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, shall be required to undergo a clinical evaluation and, if indicated by recommended as a result of such evaluation, must shall complete a substance abuse treatment program, prior to such license reinstatement, issuance, or restoration; provided, however, that such evaluation and treatment shall be at such person´s expense except as otherwise provided by Code Section 37-7-120. Acceptable proof of completion of such a program must shall be submitted to the department prior to license reinstatement, issuance, or restoration. For purposes of this Code section, a plea of nolo contendere to a charge of violating Code Section 40-6-391 and all prior accepted pleas of nolo contendere within five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a plea of nolo contendere is accepted, shall be considered and counted as convictions."

SECTION 4.

Said chapter is further amended by revising Code Section 40-5-85, relating to reinstatement of licenses suspended for driving under the influence of alcohol or drugs and red stripe on licenses of repeat offenders, as follows:

"40-5-85.

Notwithstanding any other provision of this chapter, any Any person convicted within five years of his or her first conviction as measured in paragraph (2) of subsection (c) of Code Section 40-6-391 for a second time of the or subsequent offense of driving under the influence of alcohol, or drugs, or other intoxicating substances, in violation of Code Section 40-6-391 within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the most current arrest for which a conviction is obtained, shall, upon compliance with all other requirements for reinstatement of his or her license as provided for in this chapter, be issued a driver´s license which may bear a red stripe thereon. After seven years with no additional convictions for driving under the influence of alcohol, or drugs, or other intoxicating substances, any such person shall be issued a regular driver´s license without such red stripe provided that he or she is otherwise entitled to such license under the laws of this state."

SECTION 5.

Said chapter is further amended by revising paragraph (15) of Code Section 40-5-142, relating to definitions for the article, as follows:

"(15) 'Felony' means any offense under state or federal law that is punishable by death, by imprisonment for life, or by imprisonment for more than 12 months but shall not include a crime punishable by a 24-month misdemeanor or 36-month misdemeanor."

SECTION 6.

Code Section 40-6-391 of the Official Code of Georgia Annotated, relating to driving under the influence of alcohol, drugs, or other intoxicating substances, is amended by revising subsection (c) as follows:

"(c)(1) Every person convicted of violating subsection (a) or subsection (k) of this Code section shall, upon a first or second conviction thereof, be guilty of a misdemeanor and, upon a third or subsequent conviction thereof, be guilty of a high and aggravated misdemeanor and shall be punished as follows:

(1) First conviction with no conviction of and no plea of nolo contendere accepted to a charge of violating this Code section within the previous five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted:

(A) A fine of not less than $300.00 nor and not more than $1,000.00, which fine shall not, except as provided in subsection (g) of this Code section, be subject to suspension, stay, or probation; provided, however, that the judge may suspend up to one-half of the fine imposed under this paragraph conditioned upon the person undergoing treatment in a substance abuse treatment program as defined in Code Section 40-5-1;

(B) A period of imprisonment of not less fewer than ten days nor and not more than 12 months, which period of imprisonment may, at the sole discretion of the judge, be suspended, stayed, or probated, except that if the offender´s alcohol concentration at the time of the offense was 0.08 grams or more,; provided, however, that the judge may suspend, stay, or probate all but 24 hours of any term of imprisonment imposed under this subparagraph paragraph, and such 24 hours of actual imprisonment shall not be eligible for home arrest;

(C) Not less than 40 hours of community Community service, except that for a conviction for violation of subsection (k) of this Code section where the person´s alcohol concentration at the time of the offense was less than 0.08 grams, as follows:

(i) If the conviction is for a violation of paragraph (5) of subsection (a) of this Code section or if the conviction is for a violation of paragraph (1), (2), (3), or (4) of subsection (a) of this Code section the period of community service shall be not less fewer than 20 30 hours and not more than 60 hours; or

(ii) If the conviction is for a violation of subsection (k) of this Code section, paragraph (6) of subsection (a) of this Code section, or paragraph (1), (2), (3), or (4) of subsection (a) of this Code section the period of community service shall be not fewer than 20 hours and not more than 40 hours;

(D) Completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Driver Services. The sponsor of any such program shall provide written notice of such the department´s approval of the program to the person upon enrollment in the program; and

(E) A clinical evaluation as defined in Code Section 40-5-1 and if recommended as a result of such evaluation, completion of a substance abuse treatment program as defined in Code Section 40-5-1; and

(E)(F) If the defendant person is sentenced to a period of imprisonment for less fewer than 12 months, a period of probation of 12 months less any days during which the defendant person is actually incarcerated; imprisoned or confined by home arrest.

(2) Every person convicted of violating subsection (a) or (k) of this Code section shall, upon a For the second conviction within a five-year period of time, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted thereof, be guilty of a 24-month misdemeanor and shall be punished in accordance with Code Section 17-10-4.1 and as follows:

(A) A fine of not less than $600.00 nor $750.00 and not more than $1,000.00 $5,000.00, which fine shall not, except as provided in subsection (g) of this Code section, be subject to suspension, stay, or probation;

(B) A period of imprisonment of not less fewer than 90 days nor and not more than 12 24 months. The judge shall probate at least a portion of such term of imprisonment, in accordance with subparagraph (F) of this paragraph, thereby subjecting the offender to the provisions of Article 7 of Chapter 8 of Title 42 and to such other terms and conditions as the judge may impose; provided, however, that the offender shall be required to serve not less than 72 hours of actual incarceration;:

(i) Upon a second conviction of violating subsection (a) or (k) of this Code section occurring within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which the conviction is obtained, the judge may suspend, stay, or probate all but 120 hours of any term of imprisonment imposed under this paragraph, and such 120 hours of actual imprisonment shall not be eligible for home arrest;

(ii) Upon a second conviction of violating paragraph (5) of subsection (a) of this Code section or violating paragraph (1), (2), (3), or (4) of subsection (a) of this Code section occurring outside a five-year period of time, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which the conviction is obtained, the judge may suspend, stay, or probate all but 96 hours of any term of imprisonment imposed under this paragraph, and such 96 hours of actual imprisonment shall not be eligible for home arrest; and

(iii) Upon a second conviction of violating subsection (k) of this Code section, paragraph (6) of subsection (a) of this Code section, or paragraph (1), (2), (3), or (4) of subsection (a) of this Code section occurring outside a five-year period of time, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which the conviction is obtained, the judge may suspend, stay, or probate all but 72 hours of any term of imprisonment imposed under this paragraph, and such 72 hours of actual imprisonment shall not be eligible for home arrest;

(C) Not less fewer than 30 days of community service; provided, however, that if a person is sentenced to serve at least 120 hours of actual imprisonment, which is not served as home arrest, the judge may suspend all but ten days of community service;

(E) Undergoing a A clinical evaluation as defined in Code Section 40-5-1 and, if indicated by recommended as a result of such evaluation, completion of a substance abuse treatment program as defined in Code Section 40-5-1; and

(F) If the person is sentenced to a period of imprisonment for fewer than 24 months, a A period of probation of 12 24 months less any days during which the defendant person is actually incarcerated; or imprisoned or confined by home arrest.

(3) Every person convicted of violating subsection (a) or (k) of this Code section shall, upon a For the third or subsequent conviction thereof, be guilty of a 36-month misdemeanor and shall be punished in accordance with Code Section 17-10-4.2 and as provided for in paragraph (4) or (5) of this subsection, as applicable.

(4) Every person convicted of violating subsection (a) or (k) of this Code section, upon a third conviction thereof, occurring within a five-year ten-year period of time, as measured from the dates of previous arrests for which convictions were a conviction was obtained or pleas a plea of nolo contendere were was accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted, shall be punished as follows:

(A) A fine of not less than $1,000.00 and not more than $5,000.00, which fine shall not, except as provided in subsection (g) of this Code section, be subject to suspension, stay, or probation;

(B) A mandatory period of imprisonment of not less fewer than 120 days 12 months nor and not more than 12 36 months; provided, however, that the judge may suspend, stay, or probate all but 120 days of any term of imprisonment imposed under this paragraph, and the judge may allow 60 of such 120 days of actual imprisonment to be served on home arrest. The judge shall probate at least a portion of such term of imprisonment, in accordance with subparagraph (F) of this paragraph, thereby subjecting the offender to the provisions of Article 7 of Chapter 8 of Title 42 and to such other terms and conditions as the judge may impose; provided, however, that the offender shall be required to serve not less than 15 days of actual incarceration;

(F) A period of probation of 12 36 months less any days during which the defendant person is actually incarcerated imprisoned or confined by home arrest.

(5) Every person convicted of violating subsection (a) or (k) of this Code section, upon a third conviction thereof, occurring outside a ten-year period of time, as measured from the dates of previous arrests for which a conviction was obtained or a plea of nolo contendere was accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted, shall be punished as follows:

(A) A fine of not less than $1,000.00 and not more than $5,000.00, which fine shall not, except as provided in subsection (g) of this Code section, be subject to suspension, stay, or probation;

(B) A period of imprisonment of not fewer than 12 months and not more than 36 months; provided, however, that the judge may suspend, stay, or probate all but 60 days of any term of imprisonment imposed under this paragraph, and none of such 60 days of imprisonment may be served on home arrest. The judge shall probate at least a portion of such term of imprisonment, in accordance with subparagraph (F) of this paragraph, thereby subjecting the offender to the provisions of Article 7 of Chapter 8 of Title 42 and to such other terms and conditions as the judge may impose;

(D) Completion of a DUI Alcohol or Drug Use Risk Reduction Program. The sponsor of any such program shall provide written notice of the department´s approval of the program to the person upon enrollment in the program;

(E) A clinical evaluation as defined in Code Section 40-5-1 and, if recommended as a result of such evaluation, completion of a substance abuse treatment program as defined in Code Section 40-5-1; and

(F) A period of probation of 36 months less any days during which the person is actually imprisoned or confined by home arrest.

(6) Every person convicted of violating subsection (a) or (k) of this Code section shall, upon a fourth or subsequent conviction thereof, be guilty of a felony and shall be punished as follows:

(A) A fine of not less than $1,000.00 and not more than $5,000.00, which fine shall not, except as provided in subsection (g) of this Code section, be subject to suspension, stay, or probation;

(B) A period of imprisonment of not less than one year and not more than five years; provided, however, that the judge may suspend, stay, or probate all but one year of any term of imprisonment imposed under this paragraph. The judge shall probate at least a portion of such term of imprisonment, in accordance with subparagraph (F) of this paragraph, thereby subjecting the offender to the provisions of Article 7 of Chapter 8 of Title 42 and to such other terms and conditions as the judge may impose;

(C) Not fewer than 60 days of community service; provided, however, that if a defendant is sentenced to serve three years of actual imprisonment, the judge may suspend the community service;

(F) A period of probation of five years less any days during which the person is actually imprisoned.

(7) If a person has been convicted of violating subsection (k) of this Code section where such person´s alcohol concentration at the time of the offense was 0.08 gram or more, and such person is subsequently convicted of violating subsection (a) of this Code section, such person shall be punished by applying the applicable level or grade of conviction specified in this subsection such that the previous conviction of violating subsection (k) of this Code section shall be treated as a previous conviction of violating subsection (a) of this Code section.

(8) The mandatory minimum punishment for any person sentenced pursuant to this subsection shall not allow such person to be eligible for any form of pardon, parole, or early release administered by the State Board of Pardons and Paroles or for any earned-time, early release, work release, leave, or any other sentence-reducing measures under programs administered by the Department of Corrections, by the sheriff of any county of this state, or by any political subdivision of this state, the effect of which would be to reduce the sentence imposed pursuant to this subsection; provided, however, that the periods of imprisonment set forth in this subsection shall not apply to any violation of this Code section if, as part of the person´s sentence, he or she is participating for the first time and has never before participated in either a drug court program for substance abuse established pursuant to Code Section 15-1-15 or a substantially similar program which has been approved by the court.

(9) For the purpose of imposing a sentence under this subsection, a plea of nolo contendere or an adjudication of delinquency based on a violation of this Code section shall constitute a conviction.

(10) For purposes of determining the number of prior convictions or pleas of nolo contendere pursuant to the provisions of this subsection, only those offenses for which a conviction or a plea of nolo contendere is obtained on or after July 1, 2003, shall be considered; provided, however, that nothing in this subsection shall be construed as limiting or modifying in any way administrative proceedings or sentence enhancement provisions under Georgia law, including, but not limited to, provisions relating to punishment of recidivist offenders pursuant to Title 17.

(11) As used in this subsection, the term 'home arrest' shall have the same meaning as set forth in Code Section 42-1-8. The sentencing court shall determine if the person is a suitable candidate for the home arrest program subject to the eligibility requirements set forth in subsection (d) of Code Section 42-1-8. The punishment provisions set forth in subsection (e) of Code Section 42-1-8 shall apply to an offender who is allowed home arrest. Any wages earned by the person in home arrest under this paragraph may, upon order of the court, be paid to the director or administrator of the home arrest program after standard payroll deductions required by federal or state law have been withheld. Distribution of such wages shall be made for the purposes set forth in paragraphs (1) through (5) of subsection (f) of Code Section 42-1-8."

SECTION 7.

Code Section 42-4-7 of the Official Code of Georgia Annotated, relating to maintenance of inmate records by the sheriff and earned-time allowances, is amended by revising subsection (b) as follows:

"(b)(1) The sheriff, chief jailer, warden, or other officer designated by the county as custodian of inmates confined as county inmates for probation violations of felony offenses or as provided in subsection (a) of Code Section 17-10-3 may award earned-time allowances to such inmates based on institutional behavior. Earned-time allowances shall not be awarded which exceed one-half of the period of confinement imposed, except that the sheriff or other custodian may authorize the award of not more than four days´ credit for each day on which an inmate does work on an authorized work detail; provided, however, that such increased credit for performance on a work detail shall not apply to an inmate who is incarcerated imprisoned for:

(A) A second or subsequent offense of driving under the influence under Code Section 40-6-391 within a five-year period of time, as measured from the date of any previous arrest for which a conviction was obtained or a plea of nolo contendere was accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted;

(B) A misdemeanor of a high and aggravated nature; or

(2) While an inmate sentenced to confinement as a county inmate is in custody as a county inmate, the custodian of such inmate may award an earned-time allowance consistent with this subsection and subsection (b) of Code Section 17-10-4 based on the institutional behavior of such inmate while in custody as a county inmate.

(3) An inmate sentenced to confinement as a county inmate shall be released at the expiration of his or her sentence less the time deducted for earned-time allowances."

SECTION 8.

Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by revising paragraph (5) of Code Section 16-1-3, relating to definitions for the title, as follows:

"(5) 'Felony' means a crime punishable by death, by imprisonment for life, or by imprisonment for more than 12 months but shall not include a crime punishable by a 24-month misdemeanor or 36-month misdemeanor."

SECTION 9.

Said title is further amended by revising paragraph (10) of Code Section 16-7-80, relating to definitions for the article, as follows:

"(10) 'Felony' means any offense punishable by imprisonment for a term of one year or more, and includes conviction by a court-martial under the Uniform Code of Military Justice for an offense which would constitute a felony under the laws of the United States but shall not include a crime punishable by a 24-month misdemeanor or 36-month misdemeanor. A conviction of an offense under the laws of a foreign nation shall be considered a felony for the purposes of this article if the conduct giving rise to such conviction would have constituted a felony under the laws of this state or of the United States if committed within the jurisdiction of this state or the United States at the time of such conduct."

SECTION 10.

Said title is further amended by revising paragraph (1) of subsection (a) of Code Section 16-11-131, relating to possession of firearms by convicted felons, as follows:

"(1) 'Felony' means any offense punishable by imprisonment for a term of one year or more and includes conviction by a court-martial under the Uniform Code of Military Justice for an offense which would constitute a felony under the laws of the United States but shall not include a crime punishable by a 24-month misdemeanor or 36-month misdemeanor."

SECTION 11.

Said title is further amended by revising paragraph (1) of subsection (a) of Code Section 16-11-133, relating to minimum periods of confinement for persons who have prior convictions, as follows:

SECTION 12.

Said title is further amended by revising paragraph (2) of subsection (a) of Code Section 16-12-1, relating to contributing to the delinquency, unruliness, or deprivation of a minor, as follows:

"(2) 'Felony' means any act which constitutes a felony under the laws of this state, the laws of any other state of the United States, or the laws of the United States but shall not include a crime punishable by a 24-month misdemeanor or 36-month misdemeanor."

SECTION 13.

This Act shall become effective on July 1, 2008, and shall be applied to offenses occurring on or after July 1, 2008; provided, however, that for purposes of determining the number of prior convictions or pleas of nolo contendere pursuant to the provisions of Code Section 40-6-391, only those offenses for which a conviction or a plea of nolo contendere is obtained on or after July 1, 2003, shall be considered.

SECTION 14.

All laws and parts of laws in conflict with this Act are repealed.