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HB 1303

Crimes and offenses; offense of possession of a controlled substance in the presence of a child; provide

2025-2026 Regular Session Introduced by Bill Fincher and 4 co-sponsors

Georgia bill creates new criminal offense for drug possession occurring in a child's presence, establishing enhanced penalties for this specific circumstance.

Senate Read and Referred
#crimesandoffenses(criminalcode)
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Bill Summary · HB 1303

Legislative bill overview

HB 1303 creates a new criminal offense in Georgia for possessing controlled substances in the presence of a child. The bill establishes enhanced penalties when drug possession occurs in circumstances where a minor is present, treating it as a distinct crime rather than just an aggravating factor to existing possession charges.

Why is this important

This legislation directly affects criminal sentencing outcomes for drug offenders and potentially expands Georgia's incarceration rates. It also signals policy priorities regarding child safety and drug enforcement, which may influence broader criminal justice and family law practices across the state.

Potential points of contention

  • Definition scope: The bill's language regarding what constitutes "presence of a child" (proximity, awareness, supervision context) could create inconsistent enforcement or unintended consequences for caregivers in multi-generational households
  • Sentencing proportionality: Creating a separate offense rather than using aggravating factors may result in longer sentences and raises questions about whether the enhancement matches the harm caused
  • Enforcement disparity: Drug possession enforcement already shows racial and socioeconomic disparities; a new charge category could exacerbate these patterns if not carefully monitored

Compiled from official sources — confirm details with the bill’s official record.

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