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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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 LC 21 1192

Senate Bill 231

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

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, violation of probation, and review of criminal record by a judge, so as to provide additional offenses for which first offender status shall not be granted; 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.

Code Section 42-8-60 of the Official Code of Georgia Annotated, relating to probation prior to adjudication of guilt, violation of probation, and review of criminal record by a judge, is amended by revising subsection (d) as follows:

"(d)(1) As used in this subsection, the term 'law enforcement officer' means any peace officer who is employed by this state or any political subdivision thereof and who is required by the terms of his or her employment, whether by election or appointment, to give his full time to the preservation of public order or the protection of life and property or the prevention of crime. Such term shall include, without limitation, a peace officer as defined in paragraph (8) of Code Section 35-8-2, a prison guard, a correctional officer, a probation supervisor, a parole supervisor, and a conservation ranger.

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

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

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

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

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

(F) Any of the following offenses when committed against any law enforcement officer as a result of the performance of his or her official duties or while such law enforcement officer is engaged in the performance of his or her official duties:

(i) Aggravated assault as defined in Code Section 16-5-21;

(ii) Aggravated battery as defined in Code Section 16-5-24; or

(iii) Obstructing or hindering a law enforcement officer, as such offense is expressed in Code Section 16-10-24, when such action results in physical harm or injury to such law enforcement officer."

SECTION 2.

This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply to all criminal acts committed on or after such date.

SECTION 3.

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