Georgia CommonsTitle 16. CRIMES AND OFFENSES · Chapter 11. OFFENSES AGAINST PUBLIC ORDER AND SAFETY · Article 4. DANGEROUS INSTRUMENTALITIES AND PRACTICES · Part 3. CARRYING AND POSSESSION OF FIREARMS
16-11-133. Minimum periods of confinement for persons convicted who have prior convictions.
Current through: Including Acts of the 2025 Regular Session of the General Assembly.
- (a)
As used in this Code section, the term:#
- (1)
“Felony” means any offense punishable by imprisonment for a term of one year or more and includes conviction by a court-martial under the Uniform Code of Military Justice for an offense which would constitute a felony under the laws of the United States.#
- (2)
“Firearm” includes any handgun, rifle, shotgun, stun gun, taser, or other weapon which will or can be converted to expel a projectile by the action of an explosive or electrical charge.#
- (b)
Any person who has previously been convicted of or who has previously entered a guilty plea to the offense of murder, murder in the second degree, armed robbery, home invasion in any degree, kidnapping, rape, aggravated child molestation, aggravated sodomy, aggravated sexual battery, or any felony involving the use or possession of a firearm and who shall have on or within arm’s reach of his or her person a firearm during the commission of, or the attempt to commit:#
- (1)
Any crime against or involving the person of another;#
- (2)
The unlawful entry into a building or vehicle;#
- (3)
A theft from a building or theft of a vehicle;#
- (4)
Any crime involving the possession, manufacture, delivery, distribution, dispensing, administering, selling, or possession with intent to distribute any controlled substance as provided in Code Section 16-13-30; or#
- (5)
Any crime involving the trafficking of substances in violation of Code Section 16-13-31,#
and which crime is a felony, commits a felony and, upon conviction thereof, shall be punished by confinement for a period of 15 years, such sentence to run consecutively to any other sentence which the person has received.
- (c)
Upon the second or subsequent conviction of a convicted felon under this Code section, such convicted felon shall be punished by confinement for life. Notwithstanding any other law to the contrary, the sentence of any convicted felon which is imposed for violating this Code section a second or subsequent time shall not be suspended by the court and probationary sentence imposed in lieu thereof.#
- (d)
Any crime committed in violation of subsections (b) and (c) of this Code section shall be considered a separate offense.#
History
Code 1981, § 16-11-133, enacted by Ga. L. 1995, p. 137, § 1; Ga. L. 2014, p. 426, § 5/HB 770; Ga. L. 2014, p. 444, § 2-6/HB 271; Ga. L. 2025, p. 460, § 2-3/SB 79, effective July 1, 2025.
Amendments
The 2025 amendment, effective July 1, 2025, substituted “trafficking of substances in violation of” for “trafficking of cocaine, marijuana, or illegal drugs as provided in” in paragraph (b)(5). See Editor’s notes for applicability.
Editor's notes
Ga. L. 2025, p. 460, § 1-1/SB 79, not codified by the General Assembly, provides: “This Act shall be known and may be cited as the ‘Fentanyl Eradication and Removal Act.’” Ga. L. 2025, p. 460, § 3-1/SB 79, not codified by the General Assembly, provides that the 2025 amendment shall be applicable to all offenses committed on or after July 1, 2025.
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Current through: Including Acts of the 2025 Regular Session of the General Assembly.
Text read from t16-ch7-11-(v14a)-pdf.pdf, Volume V14A, 2018 edition, 2025 supplement, pages 154 to 155; merge action: replaced; file SHA-256 9c8d97e7499f.
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