Georgia 2025-2026 Regular Session

Georgia House Bill HB673 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	25 LC 48 9002
2	2	House Bill 673
3	3	By: Representative Lim of the 98
4	4	th
5	5
6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	To amend Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated,
9	9	1
10	10	relating to procedure for sentencing and imposition of punishment, so as to provide for2
11	11	limitations on bars to first offender treatment for certain minor offenders adjudicated as3
12	12	adults; to amend Article 3 of Chapter 8 of Title 42 of the Official Code of Georgia4
13	13	Annotated, relating to first offenders, so as to provide for retroactive first offender treatment5
14	14	under certain circumstances for offenders who were adjudicated as minors; to revise6
15	15	sentencing laws in conflict with these provisions; to provide for related matters; to repeal7
16	16	conflicting laws; and for other purposes.8
17	17	BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:9
18	18	SECTION 1.10
19	19	Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to11
20	20	procedure for sentencing and imposition of punishment, is amended by revising paragraph12
21	21	(3) of subsection (b) of Code Section 17-10-6.1, relating to punishment for serious offenders13
22	22	and authorization for reduction in mandatory minimum sentencing, as follows:14
23	23	"(3) Except as provided in paragraph (2) of subsection (a) of Code Section 42-8-60, no
24	24	15
25	25	No person convicted of a serious violent felony shall be sentenced as a first offender16
26	26	H. B. 673
27	27	- 1 - 25 LC 48 9002
28	28	pursuant to Article 3 of Chapter 8 of Title 42, relating to probation for first offenders, or
29	29	17
30	30	any other provision of Georgia law relating to the sentencing of first offenders. The State18
31	31	of Georgia shall have the right to appeal any sentence which is imposed by the superior19
32	32	court which does not conform to the provisions of this subsection in the same manner as20
33	33	is provided for other appeals by the state in accordance with Chapter 7 of Title 5, relating21
34	34	to appeals or certiorari by the state."22
35	35	SECTION 2.23
36	36	Said article is further amended by revising subsection (b) of Code Section 17-10-6.2, relating24
37	37	to punishment for sex offenders, as follows:25
38	38	"(b) Except as provided in subsection (c) of this Code section, and notwithstanding any26
39	39	other provisions of law to the contrary, any person convicted of a sexual offense shall be27
40	40	sentenced to a split sentence which shall include the minimum term of imprisonment28
41	41	specified in the Code section applicable to such sexual offense. No portion of the29
42	42	mandatory minimum sentence imposed shall be suspended, stayed, probated, deferred, or30
43	43	withheld by the court. Any such sentence shall include, in addition to the mandatory term31
44	44	of imprisonment, an additional probated sentence of at least one year; provided, however,32
45	45	that when a court imposes consecutive sentences for sexual offenses, the requirement that33
46	46	the court impose a probated sentence of at least one year shall only apply to the final34
47	47	consecutive sentence imposed. Except as provided in paragraph (2) of subsection (a) of
48	48	35
49	49	Code Section 42-8-60, no No person convicted of a sexual offense shall be sentenced as36
50	50	a first offender pursuant to Article 3 of Chapter 8 of Title 42 or any other provision of37
51	51	Georgia law relating to the sentencing of first offenders."38
52	52	SECTION 3.39
53	53	Article 3 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to first40
54	54	offenders, is amended by adding a new paragraph to subsection (f), by revising subsection41
55	55	H. B. 673
56	56	- 2 - 25 LC 48 9002
57	57	(j), and by adding a new subsection to Code Section 42-8-60, relating to probation prior to
58	58	42
59	59	adjudication of guilt, violation of probation, and review of criminal record by judge, to read43
60	60	as follows:44
61	61	"(a.1) When a defendant is under the age of 17 and is being adjudicated under Code
62	62	45
63	63	Section 15-11-560, the court may, upon a guilty verdict or plea of guilty or nolo contendere46
64	64	and before an adjudication of guilt, without entering a judgment of guilt and with the47
65	65	consent of the defendant, defer further proceedings and:48
66	66	(1) Sentence the defendant to a term of confinement; and49
67	67	(2) Sentence the defendant to a term of probation."50
68	68	"(6) If the defendant is serving a probated sentence as provided by subsection (a.1) of this51
69	69	Code section, whether under active probation supervision or without such supervision,52
70	70	within 30 days of such defendant completing such sentence or being released by the court53
71	71	prior to the termination of said sentence, it shall be the duty of the Department of54
72	72	Community Supervision or any other entity or governing authority that is providing55
73	73	supervision services as provided by Article 6 of this chapter to provide written56
74	74	notification of the completion or release of said sentence to the clerk of court for the57
75	75	jurisdiction where such sentenced was imposed, provided that:58
76	76	(A) The defendant shall not have violated the terms of his or her first offender59
77	77	probation, with the exception of a violation as provided in subsection (c) of Code60
78	78	Section 42-8-34.1;61
79	79	(B) If the defendant was convicted of a sexual offense as provided in Code Section62
80	80	17-10-6.2, then such defendant shall have been classified as a Level I risk offender as63
81	81	determined by the Georgia Sexual Offender Risk Review Board; and64
82	82	(C) All other criteria relevant to first offender sentencing provisions have been65
83	83	considered."66
84	84	H. B. 673
85	85	- 3 - 25 LC 48 9002
86	86	"(j) Except as provided in subsection (a.1) of this Code section, the The court shall not67
87	87	sentence a defendant under the provisions of this article who has been found guilty of or68
88	88	entered a plea of guilty or a plea of nolo contendere for:69
89	89	(1) A serious violent felony as such term is defined in Code Section 17-10-6.1;70
90	90	(2) A sexual offense as such term is defined in Code Section 17-10-6.2;71
91	91	(3) Trafficking of persons for labor or sexual servitude as prohibited by Code Section72
92	92	16-5-46;73
93	93	(4) Neglecting disabled adults, elder persons, or residents as prohibited by Code Section74
94	94	16-5-101;75
95	95	(5) Exploitation and intimidation of disabled adults, elder persons, and residents as76
96	96	prohibited by Code Section 16-5-102;77
97	97	(6) Sexual exploitation of a minor as prohibited by Code Section 16-12-100;78
98	98	(7) Electronically furnishing obscene material to a minor as prohibited by Code Section79
99	99	16-12-100.1;80
100	100	(8) Computer pornography and child exploitation as prohibited by Code Section81
101	101	16-12-100.2;82
102	102	(9)(A) Any of the following offenses when such offense is committed against a law83
103	103	enforcement officer while such officer is engaged in the performance of his or her84
104	104	official duties:85
105	105	(i) Aggravated assault in violation of Code Section 16-5-21;86
106	106	(ii) Aggravated battery in violation of Code Section 16-5-24; or87
107	107	(iii) Obstruction of a law enforcement officer in violation of subsection (b) of Code88
108	108	Section 16-10-24, if such violation results in serious physical harm or injury to such89
109	109	officer.90
110	110	(B) As used in this paragraph, the term 'law enforcement officer' means:91
111	111	(i) A peace officer as such term is defined in paragraph (8) of Code Section 35-8-2;92
112	112	(ii) A law enforcement officer of the United States government;93
113	113	H. B. 673
114	114	- 4 - 25 LC 48 9002
115	115	(iii) An individual employed as a campus police officer or school security officer;
116	116	94
117	117	(iv) A game warden; and95
118	118	(v) A jail officer employed at a county or municipal jail; or96
119	119	(10) Driving under the influence as prohibited by Code Section 40-6-391."97
120	120	SECTION 4.98
121	121	Said article is further amended by adding a new paragraph to subsection (a) and by revising99
122	122	subsection (d) of Code Section 42-8-66, relating to petition for exoneration and discharge,100
123	123	hearing, retroactive grant of first offender status, and no filing fee, as follows:101
124	124	"(3) An individual who was under the age of 17 and was sentenced as provided by Code
125	125	102
126	126	Section 15-11-560, or by any law repealed by said Code section, and fulfills all103
127	127	requirements set forth in this article may with the consent of the prosecuting attorney104
128	128	petition the court in which he or she was convicted for exoneration of guilt and discharge105
129	129	pursuant to this article."106
130	130	"(d) The court may issue an order retroactively granting first offender treatment and107
131	131	discharge the defendant pursuant to this article if the court finds by a preponderance of the108
132	132	evidence that the defendant was eligible for sentencing under the terms of this article at the109
133	133	time he or she was originally sentenced or that he or she qualifies for sentencing under110
134	134	paragraph (2) or (3) of subsection (a) of this Code section and the ends of justice and the111
135	135	welfare of society are served by granting such petition."112
136	136	SECTION 5.113
137	137	All laws and parts of laws in conflict with this Act are repealed.114
138	138	H. B. 673
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