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