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HB 0874 - Courts; ability to prosecute street gang terrorism; improve

Tracking Level: Passed
Sponsor: Reeves, Bert 34th
Last Action: 5/3/2016 - House Date Signed by Governor
House Committee: JudyNC
Senate Committee: JUDYNC
Assigned To:
05. Superior CourtsNext Bill
Criminal Next Bill

Staff Analysis of the Legislation

HB 874 amends O.C.G.A. § 15-11-703, relating to dispositions and evidence, by providing for the admission of dispositions and evidence adduced in a hearing in a juvenile court, if hearing was of any associate or member of a street gang. HB 874 amends O.C.G.A. § 16-11-37, outlining when one commits the offense of terroristic threat and stipulates the punishments for one convicted of issuing a terroristic threat. A person convicted of a terroristic threat shall be guilty of a misdemeanor, unless the threat suggested the death of an individual, in which case the accused shall be guilty of a felony. HB 874 revises O.C.G.A. § 16-15-4, by making propagating criminal street gang conduct a felony with a mandatory minimum sentencing of two years, but not more than 20 years. O.C.G.A. § 42-5-18 is also revised, providing for a mandatory minimum of two years but not more than ten, when an individual is convicted of violating subsection (b) of this code section. HB 874, Section 3 regulates the penalties relating to the committing of a terroristic threat in an effort to threaten or intimidate any person from performing specific duties or actions. HB 874, Section 8 amends O.C.G.A. Chapter 4 of Title 24, by allowing the admission of the accused’s commission of criminal gang activity, as evidence not considered hearsay. O.C.G.A. § 42-5-18, relating to the items prohibited to be in possession of inmates, is revised by requiring that any person in violation of subsection (b) of this section shall be guilty of a felony and upon conviction serve a mandatory minimum of 2 years but not more than 10 years; this mandatory minimum shall not be suspended, stayed, or deferred by the sentencing court. The bill also incorporates HB 1066. HB 874 revises O.C.G.A. § 42-2-8, by allowing any designee, serving as the chief of staff to the commissioner of corrections, to authorize issuance of an arrest warrant for an escaped offender.


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