Georgia House of Representatives - 1995/1996 Sessions

HB 1059 - Pardons and paroles; cert investi- gation; publication of notice

Page Numbers - 1/ 2

Code Sections - 42-9-46.1

1. Hembree  98th          2. Snelling  99th


House Comm: SI&P       /                Senate Comm:            /                                   
House Vote: Yeas       Nays             Senate Vote: Yeas     Nays                                  
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               House          Action         Senate                                                 
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              3/15/95  Read 1st Time                                                                
              3/17/95  Read 2nd Time                                                                
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Code Sections amended:                                                                              


HB 1059                                           LC 22 1672






                        A BILL TO BE ENTITLED
                               AN ACT


  1- 1  To amend Article 2 of Chapter 9 of Title 42 of the Official
  1- 2  Code of Georgia Annotated, relating to grants of pardons,
  1- 3  paroles, and other relief, so as to require the publication
  1- 4  of notice of the initiation by the Board of Pardons and
  1- 5  Paroles on the initiation of an investigation and
  1- 6  examination relative to the parole of an offender; to
  1- 7  provide for the content of such notice; to provide for the
  1- 8  assessment of the costs of such publication to the offender;
  1- 9  to authorize rules and regulations; to provide that failure
  1-10  of the board to publish such notice shall not invalidate or
  1-11  affect the investigation and examination of the offender or
  1-12  any subsequent decision of the board relative to the parole
  1-13  of the offender; to repeal conflicting laws; and for other
  1-14  purposes.

  1-15       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

                         SECTION 1.

  1-16  Article 2 of Chapter 9 of Title 42 of the Official Code of
  1-17  Georgia Annotated, relating to grants of pardons, paroles,
  1-18  and other relief, is amended by adding immediately following
  1-19  Code Section 42-9-46, relating to cases in which an inmate
  1-20  has failed to serve time required for automatic initial
  1-21  consideration for parole, a new Code Section 42-9-46.1 to
  1-22  read as follows:

  1-23    "42-9-46.1. (Index)

  1-24    (a) Within ten days of the initiation of an investigation
  1-25    and examination relative to the parole of an offender as
  1-26    provided in Code Section 42-9-43, the board shall have
  1-27    notice published, without cost to the state, in the
  1-28    official organ of each county in which the offender was
  1-29    tried, convicted, and sentenced. The notice shall be
  1-30    published once and shall contain the name of the offender,
  1-31    the last address of the offender prior to incarceration,
  1-32    the crime for which the offender was convicted, and the
  1-33    fact that the board has initiated an investigation and



                                 -1- (Index)

                                                  LC 22 1672

  2- 1    examination relative to the parole of the offender.  The
  2- 2    cost of publication of such notice shall be assessed to
  2- 3    the offender in a manner to be provided by rule or
  2- 4    regulation of the board.

  2- 5    (b) The failure of the board to have published the notice
  2- 6    required in subsection (a) of this Code section shall not
  2- 7    in any way invalidate or otherwise affect any
  2- 8    investigation and examination relative to the parole of an
  2- 9    offender or any subsequent decision of the board relative
  2-10    to the parole of such offender."

                         SECTION 2.

  2-11  All laws and parts of laws in conflict with this Act are
  2-12  repealed.


































                                 -2- (Index)