HB1303: HB1303 Crimes and offenses; offense of possession of a controlled substance in the presence of a child; provide

26 LC 48 1783S House Bill 1303 (COMMITTEE SUBSTITUTE) By: Representatives Kelley of the 16th, Smith of the 18th, Lumsden of the 12th, Fincher of the 23rd, and Panitch of the 51st A BILL TO BE ENTITLED AN ACT To amend Code Section 16-13-30 of the Official Code of Georgia Annotated, relating to1 purchase, possession, manufacture, distribution, or sale of controlled substances or marijuana2 and penalties, so as to provide for the offense of endangering a child by possession of drugs;3 to provide for penalties; to provide for related matters; to re peal conflicting laws; and for4 other purposes.5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6 SECTION 1.7 Code Section 16-13-30 of the Official Code of Georgia Annotated , relating to purchase,8 possession, manufacture, distribution, or sale of controlled su bstances or marijuana and9 penalties, is amended by revising subsection (m) and by adding a new subsection to read as10 follows:11 "(m) Any person who violates subsection (a) of this Code sectio n by knowingly and12 unlawfully possessing or having under his or her control a controlled substance in Schedule13 I, a narcotic drug in Schedule II, or marijuana while in the presence of a child under the age14 of 14 years is guilty of the separate offense of endangering a child by possession of drugs. 15 A violation of this subsection shall not be merged with the offense of violating subsection16 H. B. 1303 (SUB) - 1 - 26 LC 48 1783S (a) of this Code section for the purposes of prosecution and sentencing. A defendant who17 is convicted of a violation of this subsection shall be punishe d in accordance with the18 provisions of subsection (d) of Code Section 16-12-1.19 (n) As used in this Code section, the term 'solid substance' means a substance that is not20 in a liquid or gas form. Such term shall include tablets, pill s, capsules, caplets, powder,21 crystal, or any variant of such items."22 SECTION 2.23 All laws and parts of laws in conflict with this Act are repealed.24 H. B. 1303 (SUB) - 2 -