Bill Text: GA SB231 | 2011-2012 | Regular Session | Introduced

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Bill Title: Probation; provide additional offenses for which first offender status shall not be granted

Spectrum: Partisan Bill (Republican 2-0)

Status: (Passed) 2012-07-01 - Effective Date [SB231 Detail]

Download: Georgia-2011-SB231-Introduced.html

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11 SB231/AP

Senate Bill 231

By: Senators Tippins of the 37th and Williams of the 19th

AS PASSED

A BILL TO BE ENTITLED
AN ACT

To amend Code Section 42-8-60 of the Official Code of Georgia Annotated, relating to probation prior to adjudication of guilt, so as to prohibit first offender treatment for certain crimes involving law enforcement officers; 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 42-8-60 of the Official Code of Georgia Annotated, relating to probation prior to adjudication of guilt, is amended by revising subsection (d) as follows:

"(d) The court shall not sentence a defendant under the provisions of this article who has been found guilty of or entered a plea of guilty or a plea of nolo contendere for:

(1) A serious violent felony as such term is defined in Code Section 17-10-6.1;

(2) A sexual offense as such term is defined in Code Section 17-10-6.2;

(3) Sexual exploitation of a minor as defined in Code Section 16-12-100;

(4) Electronically furnishing obscene material to a minor as defined in Code Section 16-12-100.1; or

(5) Computer pornography and child exploitation, as defined in Code Section 16-12-100.2; or

(6)(A) Any of the following offenses when such offense is committed against a law enforcement officer while such officer is engaged in the performance of his or her official duties:

(i) Aggravated assault in violation of Code Section 16-5-21;

(ii) Aggravated battery in violation of Code Section 16-5-24; or

(iii) Obstruction of a law enforcement officer in violation of subsection (b) of Code Section 16-10-24, if such violation results in serious physical harm or injury to such officer.

(B) As used in this paragraph, the term 'law enforcement officer' means:

(i) A 'peace officer' as such term is defined in paragraph (8) of Code Section 35-8-2;

(ii) A law enforcement officer of the United States government;

(iii) A person employed as a campus police officer or school security officer;

(iv) A conservation ranger; and

(v) A jail officer employed at a county or municipal jail."

SECTION 2.

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