2020 Georgia Code
Title 42 - Penal Institutions
Chapter 8 - Probation
Article 2 - State-Wide Probation System
§ 42-8-21. Definitions

As used in this article, the term:

1. "DCS" means the Department of Community Supervision.
2. "Officer" means a community supervision officer as defined in Code Section 42-3-1.
3. "Qualified offense" means a felony offense of:
   1. Burglary in the second degree in violation of Code Section 16-7-1;
   2. Possession of tools for the commission of crime in violation of Code Section 16-7-20;
   3. Criminal damage to property in the second degree in violation of Code Section 16-7-23;
   4. Interference with government property in violation of Code Section 16-7-24;
   5. Arson in the third degree in violation of Code Section 16-7-62;
   6. Burning of woodlands, brush, fields, or other lands in violation of Code Section 16-7-63 when the punishment is as set forth in paragraph (2) of subsection (c) of Code Section 16-7-63;
   7. Theft in violation of Code Sections 16-8-2 through 16-8-9 when the punishment is as set forth in subparagraph (a)(1)(B) or (a)(1)(C) of Code Section 16-8-12;
   8. Theft by shoplifting in violation of Code Section 16-8-14;
   9. Refund fraud in violation of Code Section 16-8-14.1;
   10. Conversion of payments for real property improvements in violation of Code Section 16-8-15;
   11. Entering an automobile or other motor vehicle with intent to commit theft or felony in violation of Code Section 16-8-18;
   12. Livestock theft in violation of Code Section 16-8-20;
   13. Forgery in violation of Code Section 16-9-1;
   14. Printing, executing, or negotiating checks, drafts, orders, or debit card sales drafts knowing information thereon to be in error, fictitious, or assigned to another account holder in violation of Code Section 16-9-21;
   15. Financial transaction card offenses in violation of Code Section 16-9-31, 16-9-32, 16-9-33, 16-9-34, 16-9-35, 16-9-36.1, or 16-9-37, provided that the aggregate value of the loss does not exceed $25,000.00;
   16. Failing to pay for natural products or chattels in violation of Code Section 16-9-58;
   17. Purchasing, possessing, manufacturing, delivering, distributing, administering, selling, or possessing with the intent to distribute controlled substances, marijuana, counterfeit substances, or flunitrazepam in violation of Code Section 16-13-30;
   18. Unlawfully manufacturing, delivering, distributing, selling, or possessing with the intent to distribute noncontrolled substances in violation of Code Section 16-13-30.1;
   19. Possession of substances containing ephedrine or pseudoephedrine or sales of products containing those ingredients in violation of Code Section 16-13-30.3 when the punishment is as set forth in paragraph (3) of subsection (b) of Code Section 16-13-30.3; and
   20. Violation of Article 3 of Chapter 13 of Title 16 when the punishment is as set forth in subsection (b) of Code Section 16-13-79.

(Code 1981, §42-8-21, enacted by Ga. L. 2015, p. 422, § 4-1/HB 310; Ga. L. 2017, p. 585, § 2-5/SB 174.)

The 2015 amendment, effective July 1, 2015, substituted the present provisions for "Reserved."

The 2017 amendment, effective July 1, 2017, added paragraph (3).

- This Code section was based on Code 1981, § 42-8-21; Ga. L. 1985, p. 149, § 42; Ga. L. 1985, p. 283, § 1.

Ga. L. 2012, p. 899, § 9-1(a)/HB 1176, not codified by the General Assembly, provides: "This Act shall become effective on July 1, 2012, and shall apply to offenses which occur on or after that date. Any offense occurring before July 1, 2012, shall be governed by the statute in effect at the time of such offense and shall be considered a prior conviction for the purpose of imposing a sentence that provides for a different penalty for a subsequent conviction for the same type of offense, of whatever degree or level, pursuant to this Act."

Ga. L. 2015, p. 422, § 6-1/HB 310, not codified by the General Assembly, provides that: "This Act shall become effective July 1, 2015, and shall apply to sentences entered on or after such date."

- For article on the 2012 repeal of this Code section, see 29 Ga. St. U.L. Rev. 290 (2012). For article on the 2015 enactment of this Code section, see 32 Ga. St. U. L. Rev. 231 (2015). For article on the 2017 amendment of this Code section, see 34 Ga. St. U. L. Rev. 115 (2017).