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Document Type

Peach Sheet

Abstract

The Anti-motor Vehicle Hijacking Act of 1994 expressly addresses the crime of hijacking a motor vehicle. The Act amends several sections of the Georgia Code in order to provide Georgia's judicial system with the appropriate weapons to combat the most recent outbreak of motor vehicle hijackings, more commonly known as carjackings. The Act specifically provides that carjackings committed by juveniles are felonies. In addition to defining the act of hijacking a motor vehicle, the Act also provides definitions for the terms firearm, motor vehicle, and weapon. Furthermore, the Act makes the hijacking of a motor vehicle a separate and distinct offense, enforced by a two-tiered sentencing scheme. First-time offenders are subject to a prison sentence of ten to twenty years and a fine of $10,000 to $100,000. However, repeat offenders are subject to life imprisonment and a fine of $100,000 to $500,000. Additionally, designated carjackers must forfeit to the state any property misappropriated as a result of the commission of their crime. Procedurally, the Act includes carjacking as a bailable offense, for which bail may be considered only by a superior court judge. Finally, the Act prohibits post-conviction release of persons convicted of carjacking. April 19, 1994

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