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GA HB874

Bill

Status

Passed

5/3/2016

Primary Sponsor

Albert Reeves

Click for details

Origin

House of Representatives

2015-2016 Regular Session

AI Summary

  • Juvenile adjudications become admissible as evidence in prosecutions for criminal street gang activity under Code Section 16-15-9 and the new Code Section 24-4-418, with disposition records filed under seal in superior or state court
  • Penalties for criminal street gang activity violations increased from 5–15 years to 5–20 years imprisonment, with a new mandatory minimum of 2 years (served consecutively) when gang activity involves providing prohibited items to inmates
  • Terroristic threat provisions restructured and clarified; threats generally punishable as a misdemeanor, but threats suggesting death of the threatened individual elevated to a felony punishable by up to $1,000 fine, 1–5 years imprisonment, or both
  • New evidentiary rule (Code Section 24-4-418) allows admission of an accused's prior criminal gang activity in gang-related prosecutions, with prosecutors required to disclose such evidence at least 10 days before trial
  • Providing prohibited items to inmates under Code Section 42-5-18 carries a new mandatory minimum sentence of 2 years (up to 10 years) that cannot be suspended, stayed, probated, or deferred; the commissioner of corrections' chief of staff is also authorized to issue arrest warrants for escaped offenders

Legislative Description

Courts; ability to prosecute street gang terrorism; improve

Last Action

Effective Date

5/3/2016

Full Bill Text

No bill text available