07 LC 21
9504
House
Bill 838
By:
Representatives Cox of the
102nd,
Morris of the
155th,
Lewis of the
15th,
Rice of the
51st,
Meadows of the
5th,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 1 of Title 16 of the Official Code of Georgia Annotated, relating
to general provisions relative to crimes and offenses, so as to provide enhanced
penalties for committing a felony by a person in this country illegally; to
provide that the commission of a misdemeanor while in this country illegally
shall be a felony and to provide a penalty; to repeal conflicting laws; and for
other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
1 of Title 16 of the Official Code of Georgia Annotated, relating to general
provisions relative to crimes and offenses, is amended by adding a new Code
section to read as follows:
"16-1-12.
(a)
Any provision of law to the contrary notwithstanding, any person who commits a
felony while in this country illegally shall serve five years in prison in
addition to any other penalties provided by law; provided, however, that if a
firearm is used in the commission of such felony, the person shall serve an
additional ten years in prison.
(b)
Any provision of law to the contrary notwithstanding, any person who commits a
misdemeanor while in this country illegally at the time of the commission of
such misdemeanor shall be guilty of the offense of criminal activity while
undocumented, and any person convicted of such offense shall serve not less than
two years in prison in addition to any other punishment provided by law;
provided, however, that if a firearm is used in the commission of such offense,
the person shall serve an additional ten years in prison.
(c)
The penalties provided by this Code section shall not be
probated."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.