(Code 1981, §15-21-100, enacted by Ga. L. 1990, p. 2018, § 1; Ga. L. 1994, p. 97, § 15; Ga. L. 2012, p. 899, § 2-4/HB 1176; Ga. L. 2016, p. 443, § 1-10/SB 367.)
The 2016 amendment, effective July 1, 2016, designated the existing provisions of subsection (a) as paragraph (a)(1); redesignated former paragraphs (a)(1) and (a)(2) as present subparagraphs (a)(1)(A) and (a)(1)(B), respectively; deleted "or" at the end of present subparagraph (a)(1)(B); redesignated former paragraph (a)(3) as present subparagraph (a)(1)(C); substituted "; or" for a period at the end of present subparagraph (a)(1)(C); added subparagraph (a)(1)(D); and designated the ending undesignated paragraph as paragraph (a)(2).
Editor's notes.- 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."
Law reviews.- For article on the 2012 amendment of this Code section, see 29 Ga. St. U.L. Rev. 290 (2012). For article on the 2016 amendment of this Code section, see 33 Georgia St. U.L. Rev. 139 (2016). For note, "Give It to Me, I'm Worth It: The Need to Amend Georgia's Record Restriction Statute to Provide Ex-Offenders with a Second Chance in the Employment Sector," see 52 Ga. L. Rev. 267 (2017).
JUDICIAL DECISIONS
Fee not authorized on drug conviction.
- Upon conviction of a defendant of possession of cocaine with intent to distribute, the trial court was without authority to impose a fine, penalty fee, and D.A.T.E. fee; the penalty for the offense does not include monetary fines. Rawls v. State, 210 Ga. App. 408, 436 S.E.2d 527 (1993).
Cited in Hermann v. State, 249 Ga. App. 535, 548 S.E.2d 666 (2001).
OPINIONS OF THE ATTORNEY GENERAL
Applicable to drug-related felonies and convictions.
- Additional penalties called for in O.C.G.A. §§ 15-12-100 and40-5-75 are to be imposed upon convictions for drug-related felonies and misdemeanors. 1990 Op. Att'y Gen. No. U90-21.
Applicable to criminal conduct occurring on or after July 1, 1990.
- O.C.G.A. § 15-12-100 can only be applied to criminal conduct which occurred on or after July 1, 1990. 1990 Op. Att'y Gen. No. U90-23.
Court costs included in original fine.
- In imposing the additional penalty pursuant to subsection (a) of O.C.G.A. § 15-12-100, court costs should be included in determining the amount of the original fine. 1996 Op. Att'y Gen. No. U96-14.