HB 894 — Georgia Second Look Act; enact

Summary

A BILL to be entitled an Act to amend Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to procedure for sentencing and imposition of punishment, so as to authorize the sentencing court to review and resentence certain cases where the punishment of life without parole was imposed; to provide for a petition; to provide for a hearing; to provide for the right to counsel; to provide for notice to the victim; to provide for an appeal process; to provide for limitations; to provide for related matters; to provide for a short title; to repeal conflicting laws; and for other purposes.

Bill Text

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This bill amends 2 section(s) of the Official Code of Georgia Annotated: O.C.G.A. § 17-10-1; O.C.G.A. § 16-5-1.

• O.C.G.A. § 17-10-1

  LC 48 1625 probation of sentence, change in sentence, eligibility for parole, prohibited modifications, d exceptions, as follows: "(a)(1)(A) Except as provided in Code Section 17-10-1.5, in cases in which life imprisonment, life without parole, or the death penalty may be imposed, upon a verdict or plea of guilty in any case involving a misdemeanor or felony, and after a presentence hearing, the judge fixing the sentence shall prescribe a determinate sentence for a specific number of months or years which shall be within the minimum and maximum sentences prescribed by law as the punishment for the crime. The judge imposing the sentence is granted power and authority to suspend or probate all or any part of the entire sentence under such rules and regulations as the judge deems proper, including service of a probated sentence in the sentencing options system, as provided by Article 6 of Chapter 3 of Title 42, and including the authority to revoke the suspension or probation when the defendant has violated any of the rules and regulations prescribed by the court, even before the probationary period has begun, subject to the conditions set out in this subsection; provided, however, that such action shall be subject to the provisions of Code Sections 17-10-6.1 and 17-10-6.2."

  amended

• O.C.G.A. § 16-5-1

  id article is further amended by adding a new Code section to read as follows: 17-10-1.5. (a)(1) Notwithstanding any other provision of law, including any applicable mandatory minimum sentence, an incarcerated individual who was not convicted of an offense violating Code Section 16-5-1 or 16-6-1 and who has served at least 20 years of his or her sentence may petition the sentencing court for a reduction of his or her sentence, except where: (A) A petition for a reduction in sentence under this Code section has been denied. The incarcerated individual may not file a successive petition until at least two years 5 LC 48 1625 have elapsed after the date such petition was denied; the court may require a longer waiting period, but no more than five years after the date the petition was denied; and (B) A petition for a reduction in sentence under this Code section has been granted. The incarcerated individual may not file a petition for a second sentencing reduction until at least five years have elapsed after the date the petition was granted. (2) Notwithstanding this subsection, an otherwise ineligible incarcerated individual shall be deemed eligible to petition for a reduction in sentence upon consent of the prosecuting attorney. (b) No more than 30 days after the date on which the twentieth year of imprisonment begins for an incarcerated individual sentenced to life without parole, the Department of Corrections shall provide written notice of the provisions of this Code section to the incarcerated individual and the sentencing court, the prosecuting attorney, and the incarcerated individual's attorney of record or the Georgia Public Defender Council. (c)(1) A petition for a sentence reduction under this Code section may be filed six months after the date on which the twentieth year of imprisonment begins for an incarcerated individual sentenced to life without parole, and such petition shall be filed in writing in the judicial district in which the sentence was imposed and may include affidavits, declarations, letters, prison records, or other written and electronic material. (2) Upon the court's receipt of a petition under this Code section, the court shall promptly notify the appropriate prosecuting attorney and provide such prosecuting attorney with a copy of the petition, including any attached written or electronic material. (d)(1) A petition submitted pursuant to subsection (c) of this Code section shall be referred for determination to the judge or justice who imposed the original sentence upon such individual. If, at the time of the application for petition, the original sentencing judge is no longer available, then the petition shall be assigned to another judge of the original sentencing court. 5 LC 48 1625 (2) After the filing of a petition for a sentencing reduction under this Code section, the court may direct the parties to expand the record by submitting additional materials relating to the motion. A petition filed under this Code section may be amended with leave of court, which the court should grant in the interest of justice. (e) No waiver of the right to petition for a resentencing under this Code section shall be permitted or honored by the sentencing court. (f)(1) The court shall, upon request of the defendant or the state, conduct a hearing on the motion, at which the defendant and counsel for the defendant shall be given the opportunity to be heard. Such hearing shall be recorded or transcribed. (2) In a hearing under this subsection, the court, in its discretion, may allow parties to present any evidence that the court deems relevant to the issue of the propriety of a reduction in sentencing. Such evidence may include documents, live testimony, tangible objects, or any other class of evidence or information pertinent to sentencing. The court has exclusive discretion to determine the relevance of any proposed evidence. At such hearing, the defendant shall have the right to testify or to remain silent at th

  amended

Action History

1. April 04, 2025

   House Second Readers

2. April 02, 2025

   House First Readers

3. March 31, 2025

   House Hopper

Sponsors

• Shaw Blackmon · Cosponsor
• Scott Holcomb · Primary

Subjects