HB535: HB535 Penal institutions; credit for time served regarding probation revocation sentencing; provide

26 HB 535/AP House Bill 535 (AS PASSED HOUSE AND SENATE) By: Representatives Smith of the 18th, Hong of the 103rd, Leverett of the 123rd, Evans of the 57th, and Miller of the 62nd A BILL TO BE ENTITLED AN ACT To amend Part 1 of Article 2 of Chapter 13 of Title 16 of the O fficial Code of Georgia1 Annotated, relating to schedules, offenses, and penalties relat ive to the regulation of2 controlled substances, so as to clarify and revise mandatory minimum departure provisions3 for defendants convicted of trafficking of certain substances; to provide for a statutory4 sentencing limit applicable to the offense of trafficking in fentanyl; to amend Code Section5 42-8-38 of the Official Code of Georgia Annotated, relating to arrest or graduated sanctions6 for probationers violating terms, hearing, disposition of charg e, and procedure when7 probation revoked in county other than that of conviction, so as to provide for credit for time8 served regarding probation revocation sentencing; to provide fo r effective dates and9 applicability; to provide for related matters; to repeal confli cting laws; and for other10 purposes.11 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:12 SECTION 1.13 Part 1 of Article 2 of Chapter 13 of Title 16 of the Official C ode of Georgia Annotated,14 relating to schedules, offenses, and penalties relative to the regulation of controlled15 substances, is amended by revising subsections (b.1) and (g) th rough (i) of Code Section16 H. B. 535 - 1 - 26 HB 535/AP 16-13-31, relating to trafficking in cocaine, illegal drugs, marijuana, or methamphetamine17 and penalties, as follows:18 "(b.1) Except as authorized by this article, any person who sells, manufactures, delivers,19 brings into this state, or has possession of four grams or more of fentanyl as identified in20 subparagraph (F) of paragraph (2) of Code Section 16-13-26, the fentanyl analog structural21 class as identified in paragraph (13) of Code Section 16-13-25, or any salt, isomer, or salt22 of an isomer thereof, as described in Schedules I and II, of any mixture containing four23 grams or more of fentanyl any such substance in violation of this article commits the felony24 offense of trafficking in fentanyl and, upon conviction thereof , shall be punished as25 follows:26 (1) If the quantity of such substances involved is four grams or more, but less than eight27 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of28 ten years and shall pay a fine of $75,000.00;29 (2) If the quantity of such substances involved is eight grams or more, but less than 1430 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of31 15 years and shall pay a fine of $150,000.00;32 (3) If the quantity of such substances involved is 14 grams or more, but less than 2833 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of34 25 years and shall pay a fine of $250,000.00; and35 (4) If the quantity of such substances involved is 28 grams or more, the person shall be36 sentenced to a mandatory minimum term of imprisonment of 35 years and shall pay a fine37 of $750,000.00."38 "(g)(1) The district attorney may move the sentencing court to impose a reduced or39 suspended sentence upon any person who is convicted of a violation of this Code section40 who provides substantial assistance in the identification, arrest, or conviction of any of41 his or her accomplices, accessories, coconspirators, or princip als. Upon good cause42 shown, the motion may be filed and heard in camera. Upon heari ng such motion, the43 H. B. 535 - 2 - 26 HB 535/AP sentencing court may impose a reduced or suspended sentence if such court finds that the44 defendant has rendered such substantial assistance.45 (2)(A) The sentencing court may, in its discretion, depart fro m the mandatory46 minimum sentence specified for a person who is convicted of a violation of this Code47 section as set forth in subparagraph (B) of this paragraph if such court concludes that:48 (i) The defendant was not a leader of the criminal conduct;49 (ii) The defendant did not possess or use a firearm, dangerous weapon, or hazardous50 object during the crime;51 (iii) The criminal conduct did not result in a death or serious bodily injury to a person52 other than to a person who is a party to the crime;53 (iv) The defendant has no prior felony conviction; and54 (v) The interests of justice will not be served by the imposit ion of the prescribed55 mandatory minimum sentence.56 (B) The sentencing departure ranges pursuant to subparagraph ( A) of this paragraph57 shall be as follows:58 (i) Any person convicted of violating subparagraph (a)(1)(A) o f this Code section,59 paragraph (2) of subsection (a) of this Code section relating to the quantity of drugs60 specified in subparagraph (a)(1)(A) of this Code section, or pa ragraph (1) of61 subsection (e) or (f) of this Code section, imprisonment for not less than five nor more62 than ten years and a fine of not less than $100,000.00 nor more than $200,000.00;63 (ii) Any person convicted of violating subparagraph (a)(1)(B) of this Code section,64 paragraph (2) of subsection (a) of this Code section relating to the quantity of drugs65 specified in subparagraph (a)(1)(B) of this Code section, or pa ragraph (2) of66 subsection (e) or (f) of this Code section, imprisonment for not less than seven years67 and six months nor more than 15 years and a fine of not less th an $150,000.00 nor68 more than $300,000.00;69 H. B. 535 - 3 - 26 HB 535/AP (iii) Any person convicted of violating subparagraph (a)(1)(C) of this Code section,70 paragraph (2) of subsection (a) of this Code section relating to the quantity of drugs71 specified in subparagraph (a)(1)(C) of this Code section, or pa ragraph (3) of72 subsection (e) or (f) of this Code section, imprisonment for not less than 12 years and73 six months nor more than 25 years and a fine of not less than $500,000.00 nor more74 than $1 million;75 (iv) Any person convicted of violating paragraph (1) of subsection (b) or (d) of this76 Code section, imprisonment for not less than two years and six months nor more than77 five years and a fine of not less than $25,000.00 nor more than $50,000.00;78 (v) Any person convicted of violating paragraph (2) of subsect ion (b) of this Code79 section, imprisonment for not less than five years nor more than ten years and a fine80 of not less than $50,000.00 nor more than $100,000.00;81 (vi) Any person convicted of violating paragraph (3) of subsection (b) of this Code82 section, imprisonment for not less than 12 years and six months nor more than 2583 years and a fine of not less than $250,000.00 nor more than $500,000.00;84 (vii) Any person convicted of violating paragraph (1) of subsection (b.1) of this Code85 section, imprisonment for not less than two years and six months nor more than five86 ten years and a fine of not less than $12,500.00 nor more than $25,000.00 $75,000.00;87 (viii) Any person convicted of violating paragraph (2) of subs ection (b.1) of this88 Code section, imprisonment for not less than five years nor mor e than ten 15 years89 and a fine of not less than $25,000.00 nor more than $50,000.00 $150,000.00;90 (ix) Any person convicted of violating paragraph (3) of subsection (b.1) of this Code91 section, imprisonment for not less than ten years nor more than 20 25 years and a fine92 of not less than $50,000.00 nor more than $100,000.00 $250,000.00;93 (x) Any person convicted of violating paragraph (4) of subsection (b.1) of this Code94 section, imprisonment for not less than 15 years nor more than 30 35 years and a fine95 of not less than $250,000.00 nor more than $500,000.00 $750,000.00;96 H. B. 535 - 4 - 26 HB 535/AP (xi) Any person convicted of violating paragraph (1) of subsection (c) of this Code97 section, imprisonment for not less than two years and six months nor more than five98 years and a fine of not less than $50,000.00 nor more than $100,000.00;99 (xii) Any person convicted of violating paragraph (2) of subsection (c) of this Code100 section, imprisonment for not less than three years and six mon ths nor more than101 seven years and a fine of not less than $125,000.00 nor more than $250,000.00;102 (xiii) Any person convicted of violating paragraph (3) of subsection (c) of this Code103 section, imprisonment for not less than seven years and six months nor more than 15104 years and a fine of not less than $500,000.00 nor more than $1 million; and105 (xiv) Any person convicted of violating paragraph (2) of subsection (d) of this Code106 section, imprisonment for not less than seven years and six months nor more than 15107 years and a fine of not less than $125,000.00 nor more than $250,000.00.108 (C) If the sentencing court departs from the mandatory minimum sentence pursuant to109 this paragraph, such court shall specify on the record the circ umstances for such110 departure and the interests served by such departure. Any such o r d e r s h a l l b e111 appealable by the State of Georgia pursuant to Code Section 5-7-1.112 (D) As used in this paragraph, the term:113 (i) 'Dangerous weapon' shall have the same meaning as set fort h in Code Section114 16-11-121.115 (ii) 'Firearm' shall have the same meaning as set forth in Code Section 16-11-131.116 (iii) 'Hazardous object' shall have the same meaning as set fo rth in Code Section117 20-2-751.118 (iv) 'Leader' means a person who planned and organized others and acted as a guiding119 force in order to achieve a common goal.120 (3) The sentencing court may, in its discretion, depart from t he mandatory minimum121 sentence specified in this Code section for a person who is convicted of a violation of this122 H. B. 535 - 5 - 26 HB 535/AP Code section when the prosecuting attorney and the defendant have agreed to a sentence123 that is below such mandatory minimum.124 (h)(1) Except as provided in paragraph (2) of this subsection and subsection (g) of this125 Code section, any Any person who violates any provision of this Code section shall be126 punished as provided for in the applicable mandatory minimum punishment; provided,127 however, that any such punishment imposed shall be and for not more than 30 years of128 imprisonment and by a fine not to exceed $1 million.129 (2) Except as provided in subsection (g) of this Code section, any person who violates130 any provision of subsection (b.1) of this Code section shall be punished as provided for131 in the applicable mandatory minimum punishment; provided, howev er, that any such132 punishment imposed shall be for not more than 40 years of imprisonment and by a fine133 not to exceed $1 million.134 (i) Except as provided in subsection (g) of this Code section and notwithstanding the135 provisions of Code Section 16-13-2 to the contrary, with respec t to any person who is136 found to have violated this Code section, no portion of the mandatory minimum sentence137 shall be suspended, stayed, probated, deferred, or otherwise wi thheld by the sentencing138 court. Any sentence imposed pursuant to subsection (g) of this Code section shall not be139 reduced by any earned time, early release, work release, leave, or other sentence-reducing140 measures under programs administered by the Department of Corre ctions, the effect of141 which would be to reduce the period of incarceration ordered by the sentencing court or142 any form of pardon, parole, or commutation of sentence by the State Board of Pardons and143 Paroles; provided, however, that during the final year of incarceratio n, a defendant so144 sentenced shall be eligible to be considered for participation in a Department of Corrections145 administered transitional center or work release program."146 H. B. 535 - 6 - 26 HB 535/AP SECTION 2.147 Code Section 42-8-38 of the Official Code of Georgia Annotated, r e l a t i n g t o a r r e s t o r148 graduated sanctions for probationers violating terms, hearing, disposition of charge, and149 procedure when probation revoked in county other than that of c onviction, is amended by150 revising subsection (c) as follows:151 "(c) After the hearing, the court may revoke, modify, or continu e the probation. If the152 probation is revoked, the court may order the execution of the sentence originally imposed153 or of any portion thereof. In such event, the time that the de fendant has served under154 probation shall be considered as time served and shall be deducted from and considered a155 part of the time he or she was originally sentenced to serve. Regarding any carceral156 sentence imposed pursuant to a revocation of probation, a person shall be given full credit157 for time served for each day served in confinement since the date of the commission of the158 violation in accordance with Code Section 17-10-11, excluding a ny time tolled in159 accordance with Code Section 42-8-36."160 SECTION 3.161 (a) Except as provided in subsection (b) of this section, this Act shall become effective upon162 its approval by the Governor or upon its becoming law without such approval and shall apply163 to offenses committed on or after such date.164 (b) Section 2 of this Act shall become effective on July 1, 2026.165 SECTION 4.166 All laws and parts of laws in conflict with this Act are repealed.167 H. B. 535 - 7 -