08
SB421/AP
Senate
Bill 421
By:
Senators Pearson of the 51st, Rogers of the 21st, Wiles of the 37th, Hawkins of
the 49th, Williams of the 19th and others
AS
PASSED
AN
ACT
To
amend Code Section 16-9-4 of the Official Code of Georgia Annotated, relating to
the crime of knowingly manufacturing, selling, or distributing false
identification documents, so as to change the penalties for such offense based
upon the age of the person convicted and the nature of the crime; to provide for
related matters; to provide an effective date; to provide for applicability; to
repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 16-9-4 of the Official Code of Georgia Annotated, relating to the crime
of knowingly manufacturing, selling, or distributing false identification
documents, is amended by revising subsection (c) as follows:
"(c)(1)
Except as provided in paragraph (2) or (3) of this subsection, any person who
violates the provisions of paragraph (1), (3), or (6) of subsection (b) of this
Code section shall be guilty of a misdemeanor.
(2)
Except as provided in paragraph (3) of this subsection, any person who violates
the provisions of paragraph (1), (3), or (6) of subsection (b) of this Code
section for the second or any subsequent offense shall be guilty of a felony and
shall be punished by a fine of not more than $25,000.00 or by imprisonment for
not more than three years, or both.
(3)
Except as provided in paragraph (5) of this subsection, any person who
manufactures, alters, sells, distributes, delivers, receives, possesses, or
offers for sale or distribution three or more identification documents in
violation of the provisions of subsection (b) of this Code section shall be
punished by imprisonment for not less than three nor more than ten years, a fine
not to exceed $100,000.00, or both.
(4)
Except as provided in paragraph (3) or (5) of this subsection, any person who
violates the provisions of paragraph (2), (4), or (5) of subsection (b) of this
Code section shall be punished by imprisonment for not less than one nor more
than five years, a fine not to exceed $100,000.00, or both.
(5)
Any person who is under 21 years of age and violates the provisions of
subsection (b) of this Code section for the purpose of the identification being
used to obtain entry into an age restricted facility or being used to purchase a
consumable good that is age restricted, shall, upon a first conviction thereof,
be guilty of a misdemeanor and upon a second or subsequent conviction shall be
punished as for a misdemeanor of a high and aggravated nature.
(6)
Any person convicted of an attempt or conspiracy to violate the provisions of
subsection (b) of this Code section shall be punished by imprisonment, by a
fine, or by both such punishments not to exceed the maximum punishment
prescribed for the offense the commission of which was the object of the attempt
or conspiracy."
SECTION
2.
This
Act shall become effective on July 1, 2008, and shall apply to all offenses
committed on or after that date.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.