Georgia 2023 2023-2024 Regular Session

Georgia Senate Bill SB63 Comm Sub / Bill

Filed 02/15/2023

                    23 LC 44 2265S
- 1 -
The Senate Committee on Public Safety offered the following 
substitute to SB 63:
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to bonds1
and recognizances, so as to provide for setting of bonds and schedules of bails; to provide2
for release of individuals on bail for misdemeanors; to limit unsecured judicial releases; to3
revise surety liability; to provide for return of compensation by surety to principal; to change4
the fee for continuing education programs for bail recovery agents; to revise when forfeiture5
of bonds occurs; to revise procedures relating to execution hearings; to revise procedures for6
judgments on forfeitures and remission of bond funds; to revise definitions; to amend Code7
Section 17-10-6.1 of the Official Code of Georgia Annotated, relating to punishment for8
serious violent offenders and authorization for reduction in mandatory minimum sentencing,9
so as to identify domestic terrorism as a serious violent felony; to provide for related matters;10
to repeal conflicting laws; and for other purposes.11
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:12
SECTION 1.13
Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to bonds and14
recognizances, is amended in Code Section 17-6-1, relating to when offenses bailable,15 23 LC 44 2265S
- 2 -
procedure, schedule of bails, and appeal bonds, by revising paragraph (4) of subsection (e),16
paragraph (1) of subsection (f), and subsection (i) as follows:17
"(4)  A bond set for any offense by an elected judge, an appointed judge filling the18
vacancy of an elected judge, or a judge sitting by designation that purports a dollar19
amount shall be executed in the full-face amount of such bond through secured means as20
provided for in Code Section 17-6-4 or 17-6-50 or shall be executed by use of property21
as approved by the sheriff in the county where the offense was committed."22
"(f)(1)  Except as provided in subsection (a) of this Code section or as otherwise provided23
in this subsection, the judge of any court of inquiry may by written order establish a24
schedule of bails, inclusive of offenses that are violations of local ordinances, and unless25
otherwise ordered by the judge of any court, an accused shall be released from custody26
upon posting bail as fixed in the schedule; provided, however, that no bail schedule, local27
standing order, official policy, or local ordinance shall mandate releasing an accused on28
unsecured judicial release as defined in Code Section 17-6-12 prior to the accused29
appearing before a judge of any court of inquiry.  Nothing in this paragraph shall prohibit30
unsecured judicial release for any person charged under Code Section 3-3-23.1 or31
charged under any provision of local or state law not providing for a sentence of32
confinement in a penal institution or state, county, or local jail."33
"(i)  As used in this Code section, the term 'bail' shall only include the release of a person34
on an unsecured judicial release, except as limited by Code Section 17-6-12 by the use of35
secured means as provided in Code Sections 17-6-4 and 17-6-5, professional bondsmen as36
provided in Code Section 17-6-50, or property as approved by the sheriff in the county37
where the offense was committed."38 23 LC 44 2265S
- 3 -
SECTION 2.39
Said chapter is further amended in Code Section 17-6-2, relating to acceptance of bail in40
misdemeanor cases and posting driver’s license as collateral for bail, by revising subsection41
(b) as follows:42
"(b)  In all other misdemeanor cases, sheriffs and constables shall accept bail in such43
reasonable sufficient amount as may be just and fair for any person or persons charged with44
a misdemeanor, provided that the sureties tendered and offered on the bond are shall only45
include the release of a person by the use of secured means as provided in Code46
Sections 17-6-4 and 17-6-5, professional bondsmen as provided in Code Section 17-6-50,47
or property as approved by the sheriff in the county where the offense was committed."48
SECTION 3.49
Said chapter is further amended by revising Code Section 17-6-12, relating to unsecured50
judicial release, requirement, and effect of failure of person charged to appear for trial, as51
follows:52
"17-6-12.53
(a)  As used in this Code section, the term:54
(1)  'Bail restricted offense' means the person is charged with an offense of:55
(A)  An offense of:56
(i)(A) Murder or felony murder, as defined in Code Section 16-5-1;57
(ii)(B) Armed robbery, as defined in Code Section 16-8-41;58
(iii)(C) Kidnapping, as defined in Code Section 16-5-40;59
(iv)(D) Rape, as defined in Code Section 16-6-1;60
(v)(E) Aggravated child molestation, as defined in subsection (c) of Code61
Section 16-6-4, unless subject to the provisions of paragraph (2) of subsection (d) of62
Code Section 16-6-4;63
(vi)(F)  Aggravated sodomy, as defined in Code Section 16-6-2; or64 23 LC 44 2265S
- 4 -
(vii)(G) Aggravated sexual battery, as defined in Code Section 16-6-22.2;65
(B)  A felony offense of:66
(i)(H) Aggravated assault;67
(ii)(I) Aggravated battery;68
(iii)(J) Hijacking a motor vehicle in the first degree;69
(iv)(K) Aggravated stalking;70
(v)(L) Child molestation;71
(vi)(M) Enticing a child for indecent purposes;72
(vii)(N) Pimping;73
(viii)(O) Robbery;74
(viii.1)(P) Burglary;75
(ix)(Q) Bail jumping;76
(x)(R) Escape;77
(xi)(S) Possession of a firearm or knife during the commission of or attempt to commit78
certain crimes;79
(xii)(T) Possession of firearms by convicted felons and first offender probationers;80
(xiii)(U) Trafficking in cocaine, illegal drugs, marijuana, or methamphetamine;81
(xiv)(V) Participating in criminal street gang activity;82
(xv)(W) Habitual violator;83
(xvi)(X) Driving under the influence of alcohol, drugs, or other intoxicating84
substances;85
(xvii)(Y) Entering an automobile or other mobile vehicle with intent to commit theft86
or felony, as defined in Code Section 16-8-18; or87
(xviii)(Z) Stalking; or88
(C)  A misdemeanor offense of:89
(i)(AA) Crimes involving family violence, as defined in Code Section 19-13-1; or90
(ii)  Stalking.91 23 LC 44 2265S
- 5 -
(BB)  Reckless stunt driving, as described in Code Section 40-6-390.1;92
(CC)  Promoting or organizing an exhibition of drag races or laying drags, as described93
in Code Section 16-11-43.1;94
(DD)  Laying drags, as defined in Code Section 40-6-251;95
(EE)  Reckless driving, as described in Code Section 40-6-390;96
(FF)  Fleeing or attempting to elude a police officer, as described in Code97
Section 40-6-395;98
(GG)  Obstruction of a law enforcement officer, as described in Code Section 16-10-29;99
(HH)  Criminal trespass, as described in Code Section 16-7-21;100
(II)  Theft by taking, as described in Code Section 16-8-2;101
(JJ)  Theft by deception, as described in Code Section 16-8-3;102
(KK)  Theft by extortion, as described in Code Section 16-8-16;103
(LL)  Destruction, removal, concealment, encumbrance, or transfer of property subject104
to security interest, as described in Code Section 16-9-51;105
(MM)  Bribery, as described in Code Section 16-10-2;106
(NN)  Purchase, possession, manufacture, distribution, or sale of controlled substances107
or marijuana, as described in Code Section 16-13-30;108
(OO)  Forgery, as described in Code Section 16-9-1;109
(PP)  Exploitation and intimidation of disabled adults, elder persons, and residents or110
obstruction of an investigation, as described in Code Section 16-5-102;111
(QQ)  Battery, as described in Code Section 16-5-23.1;112
(RR)  Voluntary manslaughter, as described in Code Section 16-5-2;113
(SS)  Cruelty to animals, as described in Code Section 16-12-4;114
(TT)  Violation of oath by a public officer, as described in Code Section 16-10-1;115
(UU)  Financial transaction card fraud, as described in Code Section 16-9-33;116
(VV)  Financial transaction card theft, as described in Code Section 16-9-31;117
(WW)  Identity fraud, as described in Code Section 16-9-121;118 23 LC 44 2265S
- 6 -
(XX)  Racketeering and conspiracy, as described in Code Section 16-14-4;119
(YY)  Trafficking of persons for labor or sexual servitude, as described in Code120
Section 16-5-46;121
(ZZ)  Failure to appear, as described in Code Section 40-13-63;122
(AAA)  Domestic terrorism, as described in Code Section 16-11-221;123
(BBB)  Riot, as described in Code Section 16-11-30;124
(CCC)  Inciting to riot, as described in Code Section 16-11-31;125
(DDD)  Affray, as described in Code Section 16-11-32;126
(EEE)  Unlawful assembly, as described in Code Section 16-11-33;127
(FFF)  Terroristic threat or act, as described in Code Section 16-11-37; or128
(GGG)  Possession of tools for commission of a crime, as described in Code Section129
16-7-20.130
(2)  'Unsecured judicial release' means any release that does not purport a dollar amount131
through secured means as provided for in Code Section 17-6-4 or 17-6-50 or property as132
approved by the sheriff in the county where the offense was committed and that is:133
(A)  On a person's own recognizance; or134
(B)  For the purpose of entering a pretrial release program, a pretrial release and135
diversion program as provided for in Article 4 of Chapter 3 of Title 42, or a pretrial136
intervention and diversion program as provided for in Article 4 of Chapter 18 of137
Title 15, or pursuant to Uniform Superior Court Rule 27.138
(b)  An elected judge, an appointed judge filling the vacancy of an elected judge, or a judge139
sitting by designation may issue an unsecured judicial release if:140
(1)  Such such unsecured judicial release is noted on the release order; and141
(2)  The person is not charged with a bail restricted offense.142
(c)  Except as provided in subsection (b) of this Code section and in addition to other laws143
regarding the release of an accused person, the judge of any court having jurisdiction over144
a person charged with committing an offense against the criminal laws of this state shall145 23 LC 44 2265S
- 7 -
have authority, in his or her sound discretion and in appropriate cases, to authorize the146
release of the person on an unsecured judicial release only.147
(d)  Upon the failure of a person released on an unsecured judicial release to appear for148
trial, if the release is not otherwise conditioned by the court, absent a finding of sufficient149
excuse to appear, the court shall summarily issue an order for his or her arrest which shall150
be enforced as in cases of forfeited bonds.151
(e)  No person charged with a bail restricted offense shall be eligible for release by any152
judge on an unsecured judicial release.  Such persons charged with a bail restricted offense153
shall only be eligible for release through the use of secured means as provided in Code154
Sections 17-6-4 and 17-6-5, professional bondsmen as provided in Code Section 17-6-50,155
or property as approved by the sheriff in the county where the offense was committed.156
(f)  No person sentenced pursuant to subsection (b) or (c) of Code Section 17-10-7 shall be157
eligible for release by any judge on an unsecured judicial release.  Such persons shall only158
be eligible for release through the use of secured means as provided in Code Sections159
17-6-4 and 17-6-5, professional bondsmen as provided in Code Section 17-6-50, or160
property as approved by the sheriff in the county where the offense was committed.161
(g)  Any person arrested for any offense who has previously been convicted for any felony162
within the preceding seven years shall not be eligible for release by any judge on an163
unsecured judicial release.  Such person shall only be eligible for release through the use164
of secured means as provided in Code Sections 17-6-4 and 17-6-5, professional bondsmen165
as provided in Code Section 17-6-50, or property as approved by the sheriff in the county166
where the offense was committed."167
SECTION 4.168
Said chapter is further amended in Code Section 17-6-31, relating to surrender of principal169
by surety, forfeiture of bond, and death of principal, by revising subsections (a), (d), and (e)170
as follows:171 23 LC 44 2265S
- 8 -
"(a)  When the court is not in session, a surety on a bond may surrender the surety's172
principal to the sheriff or to the responsible law enforcement officer of the jurisdiction in173
which the case is pending in order to be released from liability.  If the sheriff or the174
responsible law enforcement officer of the jurisdiction refuses such surrender, the surety175
shall be released from liability."176
"(d)(1)  Furthermore, the surety shall be released from liability if, prior to entry of177
judgment, there is:178
(A)  A deferred sentence;179
(B)  A presentence investigation;180
(C)  A court ordered Entry into a pretrial intervention and diversion program;181
(D)  A court ordered Entry into an educational and rehabilitation program;182
(E)  A fine;183
(F)  A dead docket; or184
(G)  Death of the principal;185
(H)  Participation in an accountability court; or186
(I)  Entry into a pretrial release program.187
(2)  Furthermore, the surety may shall be released from liability at the discretion of the188
court if:189
(A)  The the principal used a false name when he or she was bound over and committed190
to jail or a correctional institution and was subsequently released from such facility191
unless the surety knew or should have known had reason to know that the principal192
used a false name; and193
(B)  The surety shows to the satisfaction of the court that he or she acted with due194
diligence and used all practical means to secure the attendance of the principal before195
the court.196
(e)  If the prosecuting attorney does not try the charges against a defendant within a period197
of two years in the case of felonies and one year in the case of misdemeanors after the date198 23 LC 44 2265S
- 9 -
of posting bond, then judgment rendered after such period may not be enforced against the199
surety on the bond and the surety shall thereafter be relieved of liability on the bond.  This200
subsection shall not apply where the prosecuting attorney's failure to try the charges is due201
to the fault of the principal."202
SECTION 5.203
Said chapter is further amended in Code Section 17-6-54, relating to no further compensation204
after becoming surety, when sum received to be returned to defendant, and right to surrender205
defendant and to keep sum paid when defendant forfeits, by revising subsection (a) as206
follows:207
"(a)  No professional bondsman or his or her agents or employees who receive208
compensation for becoming the surety on a criminal bond shall thereafter receive any other209
sum in the case. If the surety surrenders a defendant into the custody of the court, the210
sheriff, or another law enforcement officer in the jurisdiction where the bond was made211
before final disposition of the case, the surety is required to return to the principal the212
compensation received for signing the bond as surety if such surrender of the defendant is213
for reasons other than:214
(1)  The defendant's arrest for a crime other than a traffic violation or misdemeanor local215
ordinance violation;216
(2)  The defendant's cosigner attests in writing the desire to be released from the bond;217
(3)  The defendant fails to provide to the court and the surety the defendant's change of218
address;219
(4)  The defendant fails to pay any fee due to the surety after being notified by certified220
mail or statutory overnight delivery that the same is past due;221
(5)  The defendant fails to notify the court and the surety upon leaving the jurisdiction of222
the court; or223
(6)  The defendant provides false information to the surety."224 23 LC 44 2265S
- 10 -
SECTION 6.225
Said chapter is further amended in Code Section 17-6-56.1, relating to continuing education226
programs for bail recovery agents, fee, annual requirement, and certificate of completion, by227
revising subsection (b) as follows:228
"(b)  The fee for continuing education programs for bail recovery agents shall not exceed229
$125.00 $250.00 annually."230
SECTION 7.231
Said chapter is further amended in Code Section 17-6-70, relating to when forfeiture occurs,232
by revising subsection (b) as follows:233
"(b)  An appearance bond shall not be forfeited unless the clerk of the court gave the surety234
at least 72 hours' written notice, exclusive of Saturdays, Sundays, and legal holidays, before235
the time of the required appearance of the principal.  Notice shall not be necessary if the236
time for appearance is within 72 hours from the time of arrest, provided the time for237
appearance is stated on the bond, or where the principal is given actual notice in open238
court."239
SECTION 8.240
Said chapter is further amended by revising Code Section 17-6-71, relating to execution241
hearing on failure of principal to appear, as follows:242
"17-6-71.243
(a)  The judge shall, at the end of the court day, upon the failure of the principal to appear,244
forfeit the bond, issue a bench warrant for the principal's arrest, and order an execution245
hearing not sooner than 120 days but not later than 150 days after such failure to appear.246
Notice of the execution hearing shall be served by the clerk of the court in which the bond247
forfeiture occurred within ten days of such failure to appear by certified mail or by248
electronic means as provided in Code Section 17-6-50 to the surety at the address listed on249 23 LC 44 2265S
- 11 -
the bond or by personal service to the surety within ten days of such failure to appear at its250
home office or to its designated registered agent.  Service shall be considered complete251
upon the mailing of such certified notice.  Such ten-day notice shall be adhered to strictly.252
If notice of the execution hearing is not served as specified in this subsection, the surety253
shall be relieved of liability on the appearance bond The judge shall, at the end of the court254
day, upon the failure of the principal to appear, forfeit the bond and issue a bench warrant255
for the principal's arrest.  If the forfeiture and bench warrant are not issued and signed256
within three business days of the failure to appear, the surety shall be relieved of liability257
on the appearance bond.  Upon forfeiting the bond, the judge shall order an execution258
hearing not sooner than 150 days but not later than 180 days after such failure to appear.259
If the execution hearing is not ordered as specified in this subsection, the surety shall be260
relieved of liability on the appearance bond.  Notice of the execution hearing and a copy261
of the bench warrant shall be served by the clerk of the court in which the bond forfeiture262
occurred within ten days of such failure to appear by certified mail, return receipt263
requested, or by electronic means as provided in Code Section 17-6-50 to the surety at the264
address listed on the bond or by personal service to the surety within ten days of such265
failure to appear at its home office or to its designated registered agent.  Service shall be266
considered complete upon the mailing of such certified notice.  Such ten-day notice shall267
be adhered to strictly.  If notice of the execution hearing and bench warrant are not served268
as specified in this subsection, the surety shall be relieved of liability on the appearance269
bond.270
(b)  If at the execution hearing it is determined that judgment should be entered, the judge271
shall so order and a writ of fieri facias shall be filed in the office of the clerk of the court272
where such judgment is entered.  Notice of the judgment shall be served by the clerk of the273
court in which entry of judgment occurred within ten days of such entry by certified mail,274
return receipt requested, or by electronic means as provided in Code Section 17-6-50 to the275
surety at the address listed on the bond or by personal service to the surety within ten days276 23 LC 44 2265S
- 12 -
of such entry of judgment at its home office or to its designated registered agent.  Service277
shall be considered complete upon the mailing of such certified notice.  Such ten-day notice278
shall be adhered to strictly.  If the notice of the judgment is not served in the time frame as279
specified in this subsection, the surety shall be relieved of liability on the appearance bond,280
the judgment shall be marked satisfied, and the writ of fieri facias shall be canceled. The281
provisions of this subsection shall apply to all bail bonds, whether returnable to superior282
court, state court, probate court, magistrate court, or municipal court."283
SECTION 9.284
Said chapter is further amended in Code Section 17-6-72, relating to conditions not285
warranting forfeiture of bond for failure to appear and remission of forfeiture, by revising286
subsections (b), (c), (d), and (e) as follows:287
"(b)  No judgment shall be rendered on a forfeiture of any appearance bond if it is shown288
to the satisfaction of the court that the principal on the bond was prevented from attending289
because he or she was detained by reason of arrest, sentence, or confinement in a penal290
institution or jail in the State of Georgia, or so detained in another jurisdiction, or because291
he or she was involuntarily confined or detained pursuant to court order in a mental292
institution in the State of Georgia or in another jurisdiction.  An official written Written293
notice of the holding institution in which the principal is being detained or confined shall294
be considered proof of the principal's detention or confinement.  Such notice may be sent295
from the holding institution by mail or e-mail or delivered by hand or by facsimile296
machine. Upon the presentation of such written notice to the clerk of the proper court, the297
prosecuting attorney, and the sheriff or other law enforcement officer having jurisdiction298
over the case, along with a letter of intent to pay all costs of returning the principal to the299
jurisdiction of the court, such notice and letter shall serve as the surety's request for a300
detainer or hold to be placed on the principal. Should there be a failure to place a detainer301
or hold within ten business days of the surety's service of a detainer or hold request, and302 23 LC 44 2265S
- 13 -
after such presentation of such notice and letter of intent to pay costs, the surety shall then303
be relieved of the liability for the appearance bond without further order of the court.304
(c)  No judgment shall be rendered on a forfeiture of any appearance bond if it is shown to305
the satisfaction of the court that prior to the entry of the judgment on the forfeiture the306
principal on the bond is in the custody of the sheriff or other responsible law enforcement307
agency.  An official written Written notice of the holding institution in which the principal308
is being detained or confined shall be considered proof of the principal's detention or309
confinement. Such notice may be sent from the holding institution by mail or e-mail or310
delivered by hand or by facsimile machine.  Upon presentation of such written notice to the311
clerk of the proper court, the prosecuting attorney, and the sheriff or other law enforcement312
officer having jurisdiction over the case along with a letter of intent to pay all costs of313
returning the principal to the jurisdiction of the court, such notice and letter shall serve as314
the surety's request for a detainer or hold to be placed against the principal.  Should there315
be a failure to place a detainer or hold within ten business days of the surety's service of316
a detainer or hold request, and after presentation of such notice and letter of intent to pay317
costs, the surety shall then be relieved of the liability for the appearance bond without318
further order of the court."319
"(d)  In cases in which subsection (e) of this Code section is not applicable, the court shall320
order remission under the following conditions:321
(1)  Provided the bond amount has been paid within 120 150 days after entry of the322
judgment and the delay has not prevented prosecution of the principal and upon323
application filed within 120 150 days from the payment of judgment with prior notice to324
the prosecuting attorney of such application, said court shall direct remission of 95325
percent of the bond amount remitted to the surety if the principal is produced,326
surrendered, or otherwise appears before the court that has jurisdiction of the bond or if327
the surety provides proof of the principal's incarceration or confinement in another328
jurisdiction, proof of the principal's death, or proof that surrender of the principal was329 23 LC 44 2265S
- 14 -
denied by the sheriff or other responsible law enforcement officer within such 120 150330
day period following payment of the judgment;331
(2)  Provided the bond amount has been paid within 120 150 days after the entry of332
judgment and the delay has not prevented prosecution of the principal, should the surety,333
within two years of the principal's failure to appear, locate the principal in the custody of334
the sheriff in the jurisdiction where the bond was made or in another jurisdiction causing335
the return of the principal to the jurisdiction where the bond was made, apprehend,336
surrender, or produce the principal, if the apprehension or surrender of the principal is337
substantially procured or caused by the surety, or if the location of the principal by the338
surety causes the adjudication of the principal in the jurisdiction in which the bond was339
made, the surety shall be entitled to a refund of 50 percent of the bond amount.  The340
application for 50 percent remission shall be filed no later than 30 days following the341
expiration of the two-year period following the date of judgment upon application filed342
within 60 days following the expiration of the two-year period following the date of343
judgment with prior notice to the prosecuting attorney of such application, said court shall344
direct remission of 50 percent of the bond amount remitted to the surety if the principal345
is produced, surrendered, or otherwise appears before the court that has jurisdiction of the346
bond or if the surety provides proof of the principal's incarceration or confinement in347
another jurisdiction, proof of the principal's death, or proof that surrender of principal was348
denied by the sheriff or other responsible law enforcement officer within such two-year349
period following payment of the judgment; or350
(3)  Remission One hundred percent remission shall be granted upon condition of the351
payment of court costs and of the expenses of returning the principal to the jurisdiction352
by the surety.353
(e)(1)  If, within 120 150 days from entry of the judgment, the surety surrenders the354
principal to the sheriff or responsible law enforcement officer, or said surrender has been355
denied by the sheriff or responsible law enforcement officer, or the surety locates the356 23 LC 44 2265S
- 15 -
principal in custody in another jurisdiction, the surety shall only be required to pay costs357
and 5 percent of the face amount of the bond, which amount includes all surcharges.  If358
it is shown to the satisfaction of the court, by the presentation of competent evidence359
from the sheriff or the holding institution, that said surrender has been made or denied or360
that the principal is in custody in another jurisdiction or that said surrender has been made361
and that 5 percent of the face amount of the bond and all costs have been tendered to the362
sheriff, the court shall direct that the judgment be marked satisfied and that the writ of363
fieri facias be canceled.364
(2)(A)  The court shall direct that the judgment be marked satisfied and that the writ of365
fieri facias be canceled, if within 120 150 days from entry of the judgment, the surety:366
(i)  Tenders an amount equal to 5 percent of the face amount of the bond and all costs367
to the sheriff; and368
(ii)  Provides, in writing, the court and the prosecuting attorney for the court that has369
jurisdiction of the bond with competent evidence giving probable cause to believe that370
the principal is located in another jurisdiction within the United States and states that371
it will provide for the reasonable remuneration for the rendition of the principal, as372
estimated by the sheriff; and373
(B)  The prosecuting attorney for the court that has jurisdiction of the bond:374
(i)  Declines, in writing, to authorize or facilitate extradition; or375
(ii)  Within ten business days of the notice provided pursuant to division (2)(A)(ii) of376
this subsection, fails to enter the appropriate extradition approval code into the377
computerized files maintained by the Federal Bureau of Investigation National Crime378
Information Center, thereby indicating an unwillingness to extradite the principal."379 23 LC 44 2265S
- 16 -
SECTION 10.380
Code Section 17-10-6.1 of the Official Code of Georgia Annotated, relating to punishment381
for serious violent offenders and authorization for reduction in mandatory minimum382
sentencing, is amended by revising subsection (a) as follows:383
"(a)  As used in this Code section, the term 'serious violent felony' means:384
(1)  Murder or felony murder, as defined in Code Section 16-5-1;385
(2)  Armed robbery, as defined in Code Section 16-8-41;386
(3)  Kidnapping, as defined in Code Section 16-5-40;387
(4)  Rape, as defined in Code Section 16-6-1;388
(5)  Aggravated child molestation, as defined in subsection (c) of Code Section 16-6-4,389
unless subject to the provisions of paragraph (2) of subsection (d) of Code Section390
16-6-4;391
(6)  Aggravated sodomy, as defined in Code Section 16-6-2; or392
(7)  Aggravated sexual battery, as defined in Code Section 16-6-22.2; or393
(8)  Domestic terrorism, as defined in Code Section 16-11-220."394
SECTION 11.395
All laws and parts of laws in conflict with this Act are repealed.396