SB79: SB79 "Fentanyl Eradication and Removal Act"; enact

25 LC 48 1610S Senate Bill 79 By: Senators Goodman of the 8th, Strickland of the 42nd, Kennedy of the 18th, Tillery of the 19th, Gooch of the 51st and others AS PASSED A BILL TO BE ENTITLED AN ACT To amend Title 16 of the Official Code of Georgia Annotated, re lating to crimes and1 offenses, so as to revise threshold amounts of fentanyl and related substances necessary to2 constitute the offenses of possessing, selling, distributing, a nd manufacturing of such3 substances; to provide for increased penalties for such offenses; to revise threshold amounts4 of fentanyl and related substances necessary to constitute the offense of trafficking in5 fentanyl; to provide for increased penalties for such offense; to revise mandatory minimum6 departure provisions for defendants convicted of trafficking of substances in violation of7 Code Section 16-13-31, relating to trafficking in cocaine, ille gal drugs, marijuana, or8 methamphetamine and penalties; to amend various titles of the O fficial Code of Georgia9 Annotated, so as to provide for conforming changes; to provide for an effective date; to10 provide for applicability; to provide for related matters; to provide for a short title; to repeal11 conflicting laws; and for other purposes.12 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:13 S. B. 79 - 1 - 25 LC 48 1610S PART I14 SECTION 1-1.15 This Act shall be known and may be cited as the "Fentanyl Eradication and Removal Act."16 SECTION 1-2.17 Said title is further amended in Code Section 16-13-31, relatin g to trafficking in cocaine,18 illegal drugs, marijuana, or methamphetamine and penalties, by revising subsections (b), (g),19 and (i) and by adding a new subsection to read as follows:20 "(b) Except as authorized by this article, any person who sells , manufactures, delivers,21 brings into this state, or has possession of four grams or more of any morphine, opium, or22 substance identified in subparagraph (RR) or (SS) of paragraph (1) or paragraph (13), (14),23 or (15) of Code Section 16-13-25, or subparagraph (A), (C.5), (F), (U.1), (V), or (V.2) of24 paragraph (2) of Code Section 16-13-26 or any salt, isomer, or salt of an isomer thereof,25 including heroin, as described in Schedules I and II, or four grams or more of any mixture26 containing any such substance in violation of this article comm its the felony offense of27 trafficking in illegal drugs and, upon conviction thereof, shall be punished as follows:28 (1) If the quantity of such substances involved is four grams or more, but less than 1429 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of30 five years and shall pay a fine of $50,000.00;31 (2) If the quantity of such substances involved is 14 grams or more, but less than 2832 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of33 ten years and shall pay a fine of $100,000.00; and34 (3) If the quantity of such substances involved is 28 grams or more, the person shall be35 sentenced to a mandatory minimum term of imprisonment of 25 years and shall pay a fine36 of $500,000.00.37 S. B. 79 - 2 - 25 LC 48 1610S (b.1) Except as authorized by this article, any person who sel ls, manufactures, delivers,38 brings into this state, or has possession of fentanyl as identi fied in subparagraph (F) of39 paragraph (2) of Code Section 16-13-26, the fentanyl analog structural class as identified40 in paragraph (13) of Code Section 16-13-25, or any mixture containing any such substance41 in violation of this article commits the felony offense of trafficking in fentanyl and, upon42 conviction thereof, shall be punished as follows:43 (1) If the quantity of such substances involved is four grams or more, but less than eight44 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of45 ten years and shall pay a fine of $75,000.00;46 (2) If the quantity of such substances involved is eight grams or more, but less47 than 14 grams, the person shall be sentenced to a mandatory min imum term of48 imprisonment of 15 years and shall pay a fine of $150,000.00;49 (3) If the quantity of such substances involved is 14 grams or more, but less than 2850 grams, the person shall be sentenced to a mandatory minimum ter m of imprisonment51 of 25 years and shall pay a fine of $250,000.00; and52 (4) If the quantity of such substances involved is 28 grams or more, the person shall be53 sentenced to a mandatory minimum term of imprisonment of 35 years and shall pay a fine54 of $750,000.00."55 "(g)(1) The district attorney may move the sentencing court to impose a reduced or56 suspended sentence upon any person who is convicted of a violation of this Code section57 who provides substantial assistance in the identification, arrest, or conviction of any of58 his or her accomplices, accessories, coconspirators, or princip als. Upon good cause59 shown, the motion may be filed and heard in camera. The judge hearing the motion Upon60 hearing such motion, the sentencing court may impose a reduced or suspended sentence61 if he or she such court finds that the defendant has rendered such substantial assistance.62 (2)(A) In the court's discretion, the judge may The sentencing court may, in its63 discretion, depart from the mandatory minimum sentence specified for a per son who64 S. B. 79 - 3 - 25 LC 48 1610S is convicted of a violation of this Code section as set forth in subparagraph (B) of this65 paragraph if the judge such court concludes that:66 (i) The defendant was not a leader of the criminal conduct;67 (ii) The defendant did not possess or use a firearm, dangerous weapon, or hazardous68 object during the crime;69 (iii) The criminal conduct did not result in a death or serious bodily injury to a person70 other than to a person who is a party to the crime;71 (iv) The defendant has no prior felony conviction; and72 (v) The interests of justice will not be served by the imposit ion of the prescribed73 mandatory minimum sentence.74 (B) The sentencing departure ranges pursuant to subparagraph ( A) of this paragraph75 shall be as follows:76 (i) Any person convicted of violating paragraph (1) of subsect ion (b) or (d) of this77 Code section, two years and six months to five years imprisonment and a fine of not78 less than $25,000.00 nor more than $50,000.00;79 (ii) Any person convicted of violating paragraph (1) of subsec tion (c) of this Code80 section, two years and six months to five years imprisonment an d a fine of not less81 than $50,000.00 nor more than $100,000.00;82 (iii) Any person convicted of violating paragraph (2) of subsection (c) of this Code83 section, three years and six months to seven years imprisonment and a fine of not less84 than $125,000.00 nor more than $250,000.00;85 (iv) Any person convicted of violating subparagraph (a)(1)(A), paragraph (2) of86 subsection (a), relating to the quantity of drugs specified in subparagraph (a)(1)(A)87 of this Code section, or paragraph (1) of subsection (e) or (f) of this Code section, five88 to ten years imprisonment and a fine of not less than $100,000. 00 nor more than89 $200,000.00;90 S. B. 79 - 4 - 25 LC 48 1610S (v) Any person convicted of violating paragraph (2) of subsect ion (b) of this Code91 section, five to ten years imprisonment and a fine of not less than $50,000.00 nor92 more than $100,000.00;93 (vi) Any person convicted of violating subparagraph (a)(1)(B), paragraph (2) of94 subsection (a), relating to the quantity of drugs specified in subparagraph (a)(1)(B)95 of this Code section, or paragraph (2) of subsection (e) or (f) of this Code section,96 seven years and six months to 15 years imprisonment and a fine of not less than97 $150,000.00 nor more than $300,000.00;98 (vii) Any person convicted of violating paragraph (3) of subsection (c) of this Code99 section, seven years and six months to 15 years imprisonment and a fine of not less100 than $500,000.00 nor more than $1 million;101 (viii) Any person convicted of violating paragraph (2) of subsection (d) of this Code102 section, seven years and six months to 15 years imprisonment and a fine of not less103 than $125,000.00 nor more than $250,000.00;104 (ix) Any person convicted of violating paragraph (3) of subsection (b) of this Code105 section, 12 years and six months to 25 years imprisonment and a fine of not less than106 $250,000.00 nor more than $500,000.00; and107 (x) Any person convicted of violating subparagraph (a)(1)(C), paragraph (2) of108 subsection (a), relating to the quantity of drugs specified in subparagraph (a)(1)(C)109 of this Code section, or paragraph (3) of subsection (e) or (f) of this Code section, 12110 years and six months to 25 years imprisonment and a fine of not less than111 $500,000.00 nor more than $1 million.112 (i) Any person convicted of violating subparagraph (a)(1)(A), paragraph (2) of 113 subsection (a) relating to the quantity of drugs specified in subparagraph (a)(1)(A) of114 this Code section, or paragraph (1) of subsection (e) or (f) of this Code section,115 imprisonment for not less than five nor more than ten years and a fine of not less116 than $100,000.00 nor more than $200,000.00;117 S. B. 79 - 5 - 25 LC 48 1610S (ii) Any person convicted of violating subparagraph (a)(1)(B), paragraph (2) of118 subsection (a) relating to the quantity of drugs specified in subparagraph (a)(1)(B) of119 this Code section, or paragraph (2) of subsection (e) or (f) of this Code section,120 imprisonment for not less than seven years and six months nor more than 15 years and121 a fine of not less than $150,000.00 nor more than $300,000.00;122 (iii) Any person convicted of violating subparagraph (a)(1)(C) , paragraph (2) of123 subsection (a) relating to the quantity of drugs specified in subparagraph (a)(1)(C) of124 this Code section, or paragraph (3) of subsection (e) or (f) of this Code section,125 imprisonment for not less than 12 years and six months nor more than 25 years and126 a fine of not less than $500,000.00 nor more than $1 million;127 (iv) Any person convicted of violating paragraph (1) of subsection (b) or (d) of this128 Code section, imprisonment for not less than two years and six months nor more than129 five years and a fine of not less than $25,000.00 nor more than $50,000.00;130 (v) Any person convicted of violating paragraph (2) of subsect ion (b) of this Code131 section, imprisonment for not less than five years nor more than ten years and a fine132 of not less than $50,000.00 nor more than $100,000.00;133 (vi) Any person convicted of violating paragraph (3) of subsection (b) of this Code134 section, imprisonment for not less than 12 years and six months nor more than 25135 years and a fine of not less than $250,000.00 nor more than $500,000.00;136 (vii) Any person convicted of violating paragraph (1) of subsection (b.1) of this Code137 section, imprisonment for not less than two years and six months nor more than five138 years and a fine of not less than $12,500.00 nor more than $25,000.00;139 (viii) Any person convicted of violating paragraph (2) of subs ection (b.1) of this140 Code section, imprisonment for not less than five years nor more than ten years and141 a fine of not less than $25,000.00 nor more than $50,000.00;142 S. B. 79 - 6 - 25 LC 48 1610S (ix) Any person convicted of violating paragraph (3) of subsection (b.1) of this Code143 section, imprisonment for not less than ten years nor more than 20 years and a fine of144 not less than $50,000.00 nor more than $100,000.00;145 (x) Any person convicted of violating paragraph (4) of subsection (b.1) of this Code146 section, imprisonment for not less than 15 years nor more than 30 years and a fine of147 not less than $250,000.00 nor more than $500,000.00;148 (xi) Any person convicted of violating paragraph (1) of subsection (c) of this Code149 section, imprisonment for not less than two years and six months nor more than five150 years and a fine of not less than $50,000.00 nor more than $100,000.00;151 (xii) Any person convicted of violating paragraph (2) of subsection (c) of this Code152 section, imprisonment for not less than three years and six mon ths nor more than153 seven years and a fine of not less than $125,000.00 nor more than $250,000.00;154 (xiii) Any person convicted of violating paragraph (3) of subsection (c) of this Code155 section, imprisonment for not less than seven years and six months nor more than 15156 years and a fine of not less than $500,000.00 nor more than $1 million; and157 (xiv) Any person convicted of violating paragraph (2) of subsection (d) of this Code158 section, imprisonment for not less than seven years and six months nor more than 15159 years and a fine of not less than $125,000.00 nor more than $250,000.00.160 (C) If a judge reduces the sentencing court departs from the mandatory minimum161 sentence pursuant to this paragraph, the judge such court shall specify on the record the162 circumstances for the reduction such departure and the interests served by such163 departure. Any such order shall be appealable by the State of Georgia pursuant to Code164 Section 5-7-1.165 (D) As used in this paragraph, the term:166 (i) 'Dangerous weapon' shall have the same meaning as set fort h in Code167 Section 16-11-121.168 S. B. 79 - 7 - 25 LC 48 1610S (ii) 'Firearm' shall have the same meaning as set forth in Code Section 16-11-127.1169 16-11-131.170 (iii) 'Hazardous object' shall have the same meaning as set fo rth in Code171 Section 20-2-751.172 (iv) 'Leader' means a person who planned and organized others and acted as a guiding173 force in order to achieve a common goal.174 (3) In the court's discretion, the judge may The sentencing court may, in its discretion,175 depart from the mandatory minimum sentence specified in this Code section for a person176 who is convicted of a violation of this Code section when the prosecuting attorney and177 the defendant have agreed to a sentence that is below such mandatory minimum."178 "(i) Notwithstanding Code Section 16-13-2, any Except as provided in subsection (g) of179 this Code section and notwithstanding the provisions of Code Se ction 16-13-2 to the180 contrary, with respect to any person who is found to have viola ted this Code section, no181 portion of the mandatory minimum sentence shall be suspended, stayed, probated, deferred,182 or otherwise withheld by the sentencing court. Any sentence imposed pursuant to183 subsection (g) of this Code section shall not be reduced by any earned time, early release,184 work release, leave, or other sentence-reducing measures under programs administered by185 the Department of Corrections, the effect of which would be to reduce the period of186 incarceration ordered by the sentencing court or any form of pa rdon, parole, or187 commutation of sentence by the State Board of Pardons and Paroles; provided, however,188 that during the final year of incarceration, a defendant so sentenced shall be eligible to be189 considered for participation in a Department of Corrections administered transitional center190 or work release program."191 S. B. 79 - 8 - 25 LC 48 1610S PART II192 SECTION 2-1.193 Code Section 4-8-27 of the Official Code of Georgia Annotated, relating to certificates of194 registration for dog ownership, requirements for issuance of certificate, individuals excluded195 from receiving registration, limitation of ownership, and annua l renewal, is amended by196 revising paragraph (3) of subsection (f) as follows:197 "(3) A felony involving trafficking in cocaine, illegal drugs, marijuana,198 methamphetamine, or ecstasy as provided for in of substances in violation of Code199 Sections 16-13-31 and 16-13-31.1."200 SECTION 2-2.201 Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is202 amended in Code Section 16-11-106, relating to possession of fi rearm or knife during203 commission of or attempt to commit certain crimes, by revising paragraph (5) of204 subsection (b) as follows:205 "(5) Any crime i nvolving the traffi cking of cocaine, marijuana, or illegal drugs as206 provided in substances in violation of Code Section 16-13-31,"207 SECTION 2-3.208 Said title is further amended in Code Section 16-11-133, relati ng to minimum periods of209 confinement for persons convicted who have prior convictions, by revising paragraph (5) of210 subsection (b) as follows:211 "(5) Any crime involving the trafficking of cocaine, marijuana, or illegal drugs as212 provided in substances in violation of Code Section 16-13-31,"213 S. B. 79 - 9 - 25 LC 48 1610S SECTION 2-4.214 Said title is further amended in Code Section 16-11-160, relati ng to use of machine guns,215 sawed-off rifles, sawed-off shotguns, or firearms with silencers during commission of certain216 offenses and enhanced criminal penalties, by revising division (a)(2)(B)(iii) as follows:217 "(iii) Trafficking in cocaine, illegal drugs, marijuana, or met hamphetamine as218 provided in of substances in violation of Code Section 16-13-31."219 SECTION 2-5.220 Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is221 amended in Code Section 17-6-1, relating to when offenses bailable, procedure, schedule of222 bails, and appeal bonds, by revising subsection (g) as follows:223 "(g) No appeal bond shall be granted to any person who has been convicted of murder,224 rape, aggravated sodomy, armed robbery, home invasion in any degree, aggravated child225 molestation, child molestation, kidnapping, trafficking in coca ine or marijuana o f226 substances in violation of Code Section 16-13-31, aggravated stalking, or aircraft hijacking227 and who has been sentenced to serve a period of incarceration of five years or more. The228 granting of an appeal bond to a person who has been convicted of any other felony offense229 or of any misdemeanor offense involving an act of family violen ce as defined in Code230 Section 19-13-1, or of any offense delineated as a high and aggravated misdemeanor or of231 any offense set forth in Code Section 40-6-391, shall be in the discretion of the convicting232 court. Appeal bonds shall terminate when the right of appeal terminates, and such bonds233 shall not be effective as to any petition for review or petitio n or application for writ of234 certiorari unless the court in which the petition for review or petition or application is filed235 so specifies."236 S. B. 79 - 10 - 25 LC 48 1610S SECTION 2-6.237 Said title is further amended in Code Section 17-6-12, relating to unsecured judicial release,238 requirement, effect of failure of person charged to appear for trial, and consideration of239 criminal record, by revising subparagraph (a)(1)(U) as follows:240 "(U) Trafficking in cocaine, illegal drugs, marijuana, or metha mphetamine o f241 substances in violation of Code Section 16-13-31;"242 SECTION 2-7.243 Said title is further amended in Code Section 17-10-9.1, relati ng to voluntary surrender to244 county jail or correctional institution and release of defendant, by revising paragraph (9) of245 subsection (a) as follows:246 "(9) Trafficking of substances in violation of Violating Code Section 16-13-31, relating247 to trafficking in cocaine or marijuana;"248 SECTION 2-8.249 Article 2 of Chapter 9 of Title 42 of the Official Code of Geor gia Annotated, relating to250 grants of pardons, paroles, and other relief, is amended in Code Section 42-9-42, relating to251 procedure for granting relief from sentence, conditions and pre requisites, public access to252 information, and violation of parole, by revising division (b)(1)(B)(xxix) as follows:253 "(xxix) Trafficking in cocaine, illegal drugs, marijuana, or me thamphetamine of254 substances in violation of Code Section 16-13-31;"255 SECTION 2-9.256 Said article is further amended in Code Section 42-9-45, relati ng to general rule-making257 power, by revising subsection (f) as follows:258 "(f) Except to correct a patent miscarriage of justice and not otherwise, no inmate serving259 a sentence imposed for any of the crimes listed in this subsection shall be granted release260 S. B. 79 - 11 - 25 LC 48 1610S on parole until and unless said inmate has served on good behav ior seven years of261 imprisonment or one-third of the prison term imposed by the sen tencing court for the262 violent crime, whichsoever first occurs. No inmate serving a sentence for any crime listed263 in this subsection shall be released on parole for the purpose of regulating jail or prison264 populations. This subsection shall govern parole actions in sentences imposed for any of265 the following crimes: voluntary manslaughter, statutory rape, i ncest, cruelty to children,266 arson in the first degree, homicide by vehicle while under the influence of alcohol or as a267 habitual traffic violator, aggravated battery, aggravated assau lt, trafficking in drugs of268 substances in violation of Code Section 16-13-31 or 16-13-31.1 , and violations of269 Chapter 14 of Title 16, the 'Georgia RICO (Racketeer Influenced and Corrupt270 Organizations) Act.'"271 SECTION 2-10.272 Said article is further amended in Code Section 42-9-60, relating to overcrowding of prison273 system as creating state of emergency, paroling inmates to reduce prison system population274 to capacity, and annual report of inmates paroled, by revising paragraph (2) of subsection (a)275 as follows:276 "(2) 'Dangerous offender' means a state prison inmate who is imprisoned for conviction277 of any one or more of the following crimes as defined by Title 16, the 'Criminal Code of278 Georgia': murder, voluntary manslaughter, kidnapping, armed rob bery, rape, aircraft279 hijacking, aggravated sodomy, aggravated battery, aggravated as sault, incest, child280 molestation, child abuse, or enticing a child for indecent purposes, or any felony281 punishable under Code Section 16-13-31, relating to prohibited acts regarding marijuana,282 cocaine, and illegal drugs. The term 'dangerous offender' violation of trafficking of283 substances in violation of Code Section 16-13-31. Such term shall also include an inmate284 who is incarcerated for a second or subsequent time for the com mission of a crime for285 which the inmate could have been sentenced to life imprisonment."286 S. B. 79 - 12 - 25 LC 48 1610S SECTION 2-11.287 Code Section 45-12-37 of the Official Code of Georgia Annotated , relating to reward for288 information leading to arrest and conviction of person selling dangerous or narcotic drugs289 generally and rewards by counties and municipalities, is amended by revising subsection (b)290 as follows:291 "(b) Any person, other than a law enforcement officer, who furnishes information leading292 to the arrest and conviction of a person who is charged with se lling dangerous drugs in293 violation of Code Section 16-13-72 may receive a reward of up to $500.00. Any person,294 other than a law enforcement officer, who furnishes information leading to the arrest and295 conviction of a person who is charged with selling a controlled substance in violation of296 Code Section 16-13-30 or trafficking of substances in violation of Code Section 16-13-31,297 may receive a reward of $1,000.00."298 PART III299 SECTION 3-1.300 This Act shall become effective on July 1, 2025, and shall apply to all offenses committed301 on or after such date.302 SECTION 3-2.303 All laws and parts of laws in conflict with this Act are repealed.304 S. B. 79 - 13 -