Bill Text: GA HB27 | 2009-2010 | Regular Session | Prefiled

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Bill Title: Kidnapping; change certain provisions

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2008-12-03 - House Prefiled [HB27 Detail]

Download: Georgia-2009-HB27-Prefiled.html

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LC 29 3580

A BILL TO BE ENTITLED
AN ACT

To provide for legislative findings; to amend Article 3 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to kidnapping, false imprisonment, and related offenses, so as to change certain provisions relating to kidnapping; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

The General Assembly acknowledges the Supreme Court of Georgia's decision in Garza v. State, Case No. S07G1628, November 3, 2008, which set forth a new standard for asportation as an element of the offense of kidnapping. The General Assembly finds that the Supreme Court of Georgia misinterpreted the General Assembly's silence regarding the "slight movement" standard and hereby clarifies any misunderstanding regarding the elements of the offense of kidnapping.

SECTION 2.

Article 3 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to kidnapping, false imprisonment, and related offenses, is amended by revising subsection (a) of Code Section 16-5-40, relating to kidnapping, as follows:

"(a) A person commits the offense of kidnapping when he or she abducts or steals away any person without lawful authority or warrant and holds such person against his or her will. The element of asportation shall be satisfied by any movement of such person, however slight, and there shall be no minimum distance requirement of such movement."

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.