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GA SB587
Bill
Status
3/20/2024
Primary Sponsor
Timothy Bearden
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AI Summary
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Creates a new felony offense of trafficking in fentanyl and fentanyl analog structural class under Georgia Code Section 16-13-31, covering the sale, manufacture, delivery, importation, or possession of fentanyl or any mixture containing such substances
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Establishes three tiers of mandatory minimum penalties based on quantity: less than 1 gram carries 5 years imprisonment and a $100,000 fine; 1 gram to less than 28 grams carries 15 years and a $500,000 fine; 28 grams or more carries life imprisonment and a $1 million fine
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Allows judges to depart from mandatory minimums if the defendant was not a leader, did not use a firearm or dangerous weapon, the crime did not result in death or serious injury, the defendant has no prior felony conviction, and the interests of justice would not be served by the mandatory sentence; departure for the lowest tier (under 1 gram) permits sentences as low as 6 months for first offenses with mandatory substance abuse treatment
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Updates cross-references throughout multiple Georgia code titles—including provisions on bail, parole, firearm possession during crimes, dangerous offender definitions, and appeal bonds—to replace specific drug names with broader language encompassing all substances trafficked in violation of Code Section 16-13-31
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Takes effect upon the Governor's approval or upon becoming law without such approval
Legislative Description
Trafficking in Cocaine and Illegal Drugs; provide for the offense; mandatory minimum penalties; provide
Last Action
Senate Read and Referred
3/21/2024