| 1 | 1 | | 24 LC 48 1131 |
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| 2 | 2 | | House Bill 1214 |
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| 3 | 3 | | By: Representatives Neal of the 79 |
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| 4 | 4 | | th |
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| 5 | 5 | | , Werkheiser of the 157 |
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| 6 | 6 | | th |
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| 7 | 7 | | , and Miller of the 62 |
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| 8 | 8 | | nd |
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| 9 | 9 | | |
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| 10 | 10 | | A BILL TO BE ENTITLED |
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| 11 | 11 | | AN ACT |
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| 12 | 12 | | To amend Article 1 of Chapter 10 of Title 17 and Article 2 of Chapter 9 of Title 42 of the |
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| 13 | 13 | | 1 |
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| 14 | 14 | | Official Code of Georgia Annotated, relating to procedure for sentencing and imposition of2 |
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| 15 | 15 | | punishment and grants of pardons, paroles, and other relief, respectively, so as to provide for3 |
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| 16 | 16 | | considerations in sentencing and paroling a defendant who was less than 18 years of age at4 |
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| 17 | 17 | | the time he or she committed a crime; to allow the court to choose not to impose the death5 |
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| 18 | 18 | | penalty or life without parole for a defendant who was less than 18 years of age at the time6 |
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| 19 | 19 | | he or she committed a crime; to provide for retroactive parole consideration of inmates7 |
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| 20 | 20 | | serving prison sentences for a crime committed when they were less than 18 years of age; to8 |
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| 21 | 21 | | provide for cross-references; to provide for related matters; to repeal conflicting laws; and9 |
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| 22 | 22 | | for other purposes.10 |
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| 23 | 23 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:11 |
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| 24 | 24 | | SECTION 1.12 |
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| 25 | 25 | | Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to13 |
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| 26 | 26 | | procedure for sentencing and imposition of punishment, is amended by revising Code14 |
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| 27 | 27 | | Section 17-10-6, designated as reserved, as follows:15 |
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| 28 | 28 | | H. B. 1214 |
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| 29 | 29 | | - 1 - 24 LC 48 1131 |
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| 30 | 30 | | "17-10-6. |
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| 31 | 31 | | 16 |
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| 32 | 32 | | (a) Notwithstanding Code Sections 17-10-6.1, 17-10-6.2, 42-9-39, and 42-9-45 and any |
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| 33 | 33 | | 17 |
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| 34 | 34 | | other law to the contrary, in the trial of any case in which the death penalty is sought, if the18 |
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| 35 | 35 | | defendant was under 18 years of age when the crime was committed, the court in its19 |
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| 36 | 36 | | discretion may not impose a sentence of death or life without parole.20 |
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| 37 | 37 | | (b) In addition to other factors required by law to be considered prior to the imposition of21 |
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| 38 | 38 | | a sentence, in determining the appropriate sentence for a defendant who was under the age22 |
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| 39 | 39 | | of 18 years when the crime was committed, the court may consider mitigating factors or23 |
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| 40 | 40 | | circumstances the court deems relevant Reserved."24 |
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| 41 | 41 | | SECTION 2.25 |
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| 42 | 42 | | Said article is further amended by revising paragraph (2) of subsection (b) and26 |
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| 43 | 43 | | subsections (c) and (f) of Code Section 17-10-6.1, relating to punishment for serious violent27 |
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| 44 | 44 | | offenders and authorization for reduction in mandatory minimum sentencing, as follows:28 |
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| 45 | 45 | | "(2) Except as provided in subsection (e) of this Code section and Code Section 17-10-6,29 |
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| 46 | 46 | | the sentence of any person convicted of the serious violent felony of:30 |
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| 47 | 47 | | (A) Kidnapping involving a victim who is less than 14 years of age;31 |
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| 48 | 48 | | (B) Rape;32 |
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| 49 | 49 | | (C) Aggravated child molestation, as defined in subsection (c) of Code Section 16-6-4,33 |
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| 50 | 50 | | unless subject to the provisions of paragraph (2) of subsection (d) of Code Section34 |
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| 51 | 51 | | 16-6-4;35 |
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| 52 | 52 | | (D) Aggravated sodomy, as defined in Code Section 16-6-2; or36 |
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| 53 | 53 | | (E) Aggravated sexual battery, as defined in Code Section 16-6-22.237 |
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| 54 | 54 | | shall, unless sentenced to life imprisonment, be a split sentence which shall include a38 |
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| 55 | 55 | | mandatory minimum term of imprisonment of 25 years, followed by probation for life,39 |
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| 56 | 56 | | and no portion of the mandatory minimum sentence imposed shall be suspended, stayed,40 |
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| 57 | 57 | | probated, deferred, or withheld by the sentencing court."41 |
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| 58 | 58 | | H. B. 1214 |
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| 59 | 59 | | - 2 - 24 LC 48 1131 |
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| 60 | 60 | | "(c)(1) Except as otherwise provided in subsection (c) of Code Section 42-9-39 and Code42 |
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| 61 | 61 | | Section 42-9-62, for a first conviction of a serious violent felony in which the accused has43 |
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| 62 | 62 | | been sentenced to life imprisonment, that person shall not be eligible for any form of44 |
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| 63 | 63 | | parole or early release administered by the State Board of Pardons and Paroles until that45 |
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| 64 | 64 | | person has served a minimum of 30 years in prison. The minimum term of imprisonment46 |
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| 65 | 65 | | shall not be reduced by any earned time, early release, work release, leave, or other47 |
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| 66 | 66 | | sentence-reducing measures under programs administered by the Department of48 |
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| 67 | 67 | | Corrections.49 |
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| 68 | 68 | | (2) Except as provided in Code Section 42-9-62, for For a first conviction of a serious50 |
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| 69 | 69 | | violent felony in which the accused has been sentenced to death but the sentence of death51 |
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| 70 | 70 | | has been commuted to life imprisonment, that person shall not be eligible for any form52 |
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| 71 | 71 | | of parole or early release administered by the State Board of Pardons and Paroles until53 |
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| 72 | 72 | | that person has served a minimum of 30 years in prison. The minimum term of54 |
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| 73 | 73 | | imprisonment shall not be reduced by any earned time, early release, work release, leave,55 |
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| 74 | 74 | | or other sentence-reducing measures under programs administered by the Department of56 |
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| 75 | 75 | | Corrections.57 |
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| 76 | 76 | | (3) Except as provided in Code Section 42-9-62, for For a first conviction of a serious58 |
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| 77 | 77 | | violent felony in which the accused has been sentenced to imprisonment for life without59 |
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| 78 | 78 | | parole, that person shall not be eligible for any form of parole or early release60 |
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| 79 | 79 | | administered by the State Board of Pardons and Paroles or for any earned time, early61 |
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| 80 | 80 | | release, work release, leave, or other sentence-reducing measures under programs62 |
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| 81 | 81 | | administered by the Department of Corrections.63 |
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| 82 | 82 | | (4) Except as otherwise provided in this subsection and Code Section 42-9-62, any64 |
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| 83 | 83 | | sentence imposed for the first conviction of any serious violent felony shall be served in65 |
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| 84 | 84 | | its entirety as imposed by the sentencing court and shall not be reduced by any form of66 |
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| 85 | 85 | | parole or early release administered by the State Board of Pardons and Paroles or by any67 |
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| 86 | 86 | | earned time, early release, work release, leave, or other sentence-reducing measures68 |
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| 87 | 87 | | H. B. 1214 |
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| 88 | 88 | | - 3 - 24 LC 48 1131 |
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| 89 | 89 | | under programs administered by the Department of Corrections, the effect of which |
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| 90 | 90 | | 69 |
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| 91 | 91 | | would be to reduce the period of incarceration ordered by the sentencing court; provided,70 |
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| 92 | 92 | | however, that during the final year of incarceration an offender so sentenced shall be71 |
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| 93 | 93 | | eligible to be considered for participation in a department administered transitional center72 |
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| 94 | 94 | | or work release program."73 |
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| 95 | 95 | | "(f) Except as provided in Code Section 42-9-62, any |
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| 96 | 96 | | Any sentence imposed pursuant to74 |
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| 97 | 97 | | this Code section shall not be reduced by any earned time, early release, work release,75 |
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| 98 | 98 | | leave, or other sentence-reducing measures under programs administered by the76 |
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| 99 | 99 | | Department of Corrections, the effect of which would be to reduce the period of77 |
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| 100 | 100 | | incarceration ordered by the sentencing court or any form of pardon, parole, or78 |
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| 101 | 101 | | commutation of sentence by the State Board of Pardons and Paroles; provided, however,79 |
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| 102 | 102 | | that during the final year of incarceration, a defendant so sentenced shall be eligible to be80 |
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| 103 | 103 | | considered for participation in a Department of Corrections administered transitional center81 |
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| 104 | 104 | | or work release program."82 |
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| 105 | 105 | | SECTION 3.83 |
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| 106 | 106 | | Said article is further amended by revising subsection (b) of Code Section 17-10-6.2, relating84 |
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| 107 | 107 | | to punishment for sexual offenders, as follows:85 |
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| 108 | 108 | | "(b) Except as provided in subsection (c) of this Code section and Code Section 42-9-62,86 |
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| 109 | 109 | | and notwithstanding any other provisions of law to the contrary, any person convicted of87 |
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| 110 | 110 | | a sexual offense shall be sentenced to a split sentence which shall include the minimum88 |
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| 111 | 111 | | term of imprisonment specified in the Code section applicable to such sexual offense. No89 |
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| 112 | 112 | | portion of the mandatory minimum sentence imposed shall be suspended, stayed, probated,90 |
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| 113 | 113 | | deferred, or withheld by the court. Any such sentence shall include, in addition to the91 |
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| 114 | 114 | | mandatory term of imprisonment, an additional probated sentence of at least one year;92 |
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| 115 | 115 | | provided, however, that, when a court imposes consecutive sentences for sexual offenses,93 |
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| 116 | 116 | | the requirement that the court impose a probated sentence of at least one year shall only94 |
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| 117 | 117 | | H. B. 1214 |
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| 118 | 118 | | - 4 - 24 LC 48 1131 |
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| 119 | 119 | | apply to the final consecutive sentence imposed. No person convicted of a sexual offense |
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| 120 | 120 | | 95 |
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| 121 | 121 | | shall be sentenced as a first offender pursuant to Article 3 of Chapter 8 of Title 42 or any96 |
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| 122 | 122 | | other provision of Georgia law relating to the sentencing of first offenders."97 |
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| 123 | 123 | | SECTION 4.98 |
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| 124 | 124 | | Said article is further amended by revising subsections (a), (b), and (e) of Code Section99 |
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| 125 | 125 | | 17-10-7, relating to punishment of repeat offenders and punishment and eligibility for parole100 |
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| 126 | 126 | | of persons convicted of a fourth felony offense, as follows:101 |
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| 127 | 127 | | "(a) Except as otherwise provided in subsection (b) or (b.1) of this Code section and Code |
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| 128 | 128 | | 102 |
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| 129 | 129 | | Section 42-9-62, any person who, after having been convicted of a felony offense in this103 |
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| 130 | 130 | | state or having been convicted under the laws of any other state or of the United States of104 |
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| 131 | 131 | | a crime which if committed within this state would be a felony and sentenced to105 |
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| 132 | 132 | | confinement in a penal institution, commits a felony punishable by confinement in a penal106 |
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| 133 | 133 | | institution shall be sentenced to undergo the longest period of time prescribed for the107 |
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| 134 | 134 | | punishment of the subsequent offense of which he or she stands convicted, provided that,108 |
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| 135 | 135 | | unless otherwise provided by law, the trial judge may, in his or her discretion, probate or109 |
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| 136 | 136 | | suspend the maximum sentence prescribed for the offense.110 |
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| 137 | 137 | | (b)(1) As used in this subsection, the term 'serious violent felony' means a serious violent111 |
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| 138 | 138 | | felony as defined in subsection (a) of Code Section 17-10-6.1.112 |
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| 139 | 139 | | (2) Except as provided in subsection (e) of Code Section 17-10-6.1 and Code Section113 |
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| 140 | 140 | | 42-9-62, any person who has been convicted of a serious violent felony in this state or114 |
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| 141 | 141 | | who has been convicted under the laws of any other state or of the United States of a115 |
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| 142 | 142 | | crime which if committed in this state would be a serious violent felony and who after116 |
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| 143 | 143 | | such first conviction subsequently commits and is convicted of a serious violent felony117 |
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| 144 | 144 | | for which such person is not sentenced to death shall be sentenced to imprisonment for118 |
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| 145 | 145 | | life without parole. Any such sentence of life without parole shall not be suspended,119 |
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| 146 | 146 | | stayed, probated, deferred, or withheld, and any such person sentenced pursuant to this120 |
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| 147 | 147 | | H. B. 1214 |
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| 148 | 148 | | - 5 - 24 LC 48 1131 |
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| 149 | 149 | | paragraph shall not be eligible for any form of pardon, parole, or early release |
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| 150 | 150 | | 121 |
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| 151 | 151 | | administered by the State Board of Pardons and Paroles or for any earned time, early122 |
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| 152 | 152 | | release, work release, leave, or any other sentence-reducing measures under programs123 |
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| 153 | 153 | | administered by the Department of Corrections, the effect of which would be to reduce124 |
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| 154 | 154 | | the sentence of life imprisonment without possibility of parole, except as may be125 |
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| 155 | 155 | | authorized by any existing or future provisions of the Constitution."126 |
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| 156 | 156 | | "(e) This Code section is supplemental to other provisions relating to recidivous |
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| 157 | 157 | | recidivist127 |
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| 158 | 158 | | offenders."128 |
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| 159 | 159 | | SECTION 5.129 |
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| 160 | 160 | | Article 2 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to130 |
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| 161 | 161 | | grants of pardons, paroles, and other relief, is amended by revising subsections (b) and (c)131 |
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| 162 | 162 | | of Code Section 42-9-39, relating to restrictions on relief for persons serving a second life132 |
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| 163 | 163 | | sentence, as follows:133 |
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| 164 | 164 | | "(b) Except as otherwise provided in subsection (b) of Code Section 17-10-7 and Code134 |
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| 165 | 165 | | Section 42-9-62, when a person is convicted of murder and sentenced to life imprisonment135 |
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| 166 | 166 | | and such person has previously been incarcerated under a life sentence, such person shall136 |
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| 167 | 167 | | serve at least 30 years in the penitentiary before being granted a pardon and before137 |
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| 168 | 168 | | becoming eligible for parole.138 |
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| 169 | 169 | | (c) Except as provided in Code Section 42-9-62, when When a person receives consecutive139 |
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| 170 | 170 | | life sentences as the result of offenses occurring in the same series of acts and any one of140 |
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| 171 | 171 | | the life sentences is imposed for the crime of murder, such person shall serve consecutive141 |
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| 172 | 172 | | 30 year periods for each such sentence, up to a maximum of 60 years, before being eligible142 |
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| 173 | 173 | | for parole consideration."143 |
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| 174 | 174 | | H. B. 1214 |
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| 175 | 175 | | - 6 - 24 LC 48 1131 |
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| 176 | 176 | | SECTION 6. |
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| 177 | 177 | | 144 |
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| 178 | 178 | | Said article is further amended by revising paragraph (2) of subsection (b) of Code Section145 |
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| 179 | 179 | | 42-9-45, relating to the State Board of Pardons and Paroles rule-making power, as follows:146 |
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| 180 | 180 | | "(2) Except as otherwise provided in Code Sections 17-10-6.1, |
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| 181 | 181 | | and 17-10-7, and 42-9-62147 |
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| 182 | 182 | | and paragraphs (3) and (4) of this subsection, an inmate serving a felony sentence or148 |
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| 183 | 183 | | felony sentences shall only be eligible for consideration for parole after the expiration of149 |
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| 184 | 184 | | nine months of his or her sentence or one-third of the time of the sentences, whichever150 |
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| 185 | 185 | | is greater. Except as otherwise provided in Code Sections 17-10-6.1 and 17-10-7 and151 |
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| 186 | 186 | | paragraphs (3) and (4) of this subsection, inmates serving sentences aggregating 21 years152 |
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| 187 | 187 | | or more shall become eligible for consideration for parole upon completion of the service153 |
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| 188 | 188 | | of seven years."154 |
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| 189 | 189 | | SECTION 7.155 |
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| 190 | 190 | | Said article is further amended by adding a new Code section to read as follows:156 |
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| 191 | 191 | | "42-9-62.157 |
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| 192 | 192 | | (a)(1) Notwithstanding Code Sections 42-9-39 and 42-9-45 and any other law to the158 |
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| 193 | 193 | | contrary, an inmate who was convicted of violating Code Section 16-5-1, if such crime159 |
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| 194 | 194 | | occurred when he or she was less than 18 years of age, shall be eligible for parole160 |
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| 195 | 195 | | consideration no later than after serving 25 years of incarceration, unless by law he or she161 |
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| 196 | 196 | | is eligible for earlier parole consideration.162 |
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| 197 | 197 | | (2) Notwithstanding Code Sections 42-9-39 and 42-9-45 and any other law to the163 |
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| 198 | 198 | | contrary, an inmate who was convicted of any crime other than a violation of Code164 |
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| 199 | 199 | | Section 16-5-1, if such crime occurred when he or she was less than 18 years of age, shall165 |
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| 200 | 200 | | be eligible for parole consideration no later than after serving 15 years of incarceration,166 |
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| 201 | 201 | | unless by law he or she is eligible for earlier parole consideration.167 |
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| 202 | 202 | | (3) This Code section shall apply to any inmate whose crime was committed before, on,168 |
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| 203 | 203 | | or after July 1, 2018, regardless of the sentence imposed, including mandatory minimum169 |
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| 204 | 204 | | H. B. 1214 |
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| 205 | 205 | | - 7 - 24 LC 48 1131 |
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| 206 | 206 | | and consecutively served sentences, and regardless of the sentence the inmate is currently170 |
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| 207 | 207 | | serving, including imprisonment for life or imprisonment for life without parole.171 |
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| 208 | 208 | | (b)(1) The board shall expeditiously hold a hearing to consider the parole of an inmate172 |
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| 209 | 209 | | under this Code section. At such hearing, the board shall consider how a youthful173 |
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| 210 | 210 | | offender is different from an adult offender and shall provide the inmate with a174 |
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| 211 | 211 | | meaningful opportunity to be released on parole based on demonstrated maturity and175 |
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| 212 | 212 | | rehabilitation. The board shall comply with all other applicable laws, rules, and176 |
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| 213 | 213 | | regulations pertaining to such hearings.177 |
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| 214 | 214 | | (2) During a hearing under this Code section, in addition to other factors required by law178 |
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| 215 | 215 | | to be considered by the board, the board shall consider mitigating factors or179 |
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| 216 | 216 | | circumstances it deems relevant.180 |
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| 217 | 217 | | (3) An inmate eligible for parole consideration under this Code section may have an181 |
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| 218 | 218 | | attorney present to represent him or her at such hearing.182 |
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| 219 | 219 | | (4) If the board denies parole to an inmate under this Code section, the board shall183 |
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| 220 | 220 | | reconsider such inmate for parole at least every three years."184 |
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| 221 | 221 | | SECTION 8.185 |
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| 222 | 222 | | All laws and parts of laws in conflict with this Act are repealed. 186 |
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| 223 | 223 | | H. B. 1214 |
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| 224 | 224 | | - 8 - |
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