Georgia House of Representatives - 1995/1996 Sessions

HB 25 - Commission of crime while incarcerated; sentencing

Page Numbers - 1/ 2

Code Sections - 17-10-10.1/ 42-5-41

1. Woods  32nd            2. McKinney  51st          3. Kaye  37th
4. Sauder  29th


House Comm: SJudy      /                Senate Comm:            /               
House Vote: Yeas       Nays             Senate Vote: Yeas     Nays              
              ----------------------------------------                          
               House          Action         Senate                             
              ----------------------------------------                          
              1/11/95  Read 1st Time                                            
              1/12/95  Read 2nd Time                                            
              1/24/95  Unfavorably Reported                                     
              ----------------------------------------                          
                                                                                
Code Sections amended: 17-10-10.1, 42-5-41                                      


HB 25                                             LC 22 1333






                        A BILL TO BE ENTITLED
                               AN ACT


  1- 1  To amend Article 1 of Chapter 10 of Title 17 of the Official
  1- 2  Code of Georgia Annotated, relating to the procedure for
  1- 3  sentencing and imposition of punishment, so as to provide
  1- 4  that sentences imposed for crimes committed while
  1- 5  incarcerated after conviction of a crime shall not be served
  1- 6  concurrently with the original sentence; to amend Article 2
  1- 7  of Chapter 5 of Title 42 of the Official Code of Georgia
  1- 8  Annotated, relating to wardens, superintendents, and other
  1- 9  personnel of correctional institutions, so as to provide
  1-10  that it is the duty of the chief custodial officer to report
  1-11  crimes apparently committed by an inmate while incarcerated
  1-12  and to cooperate with investigation and prosecution; to
  1-13  repeal conflicting laws; and for other purposes.

  1-14       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

                         SECTION 1.

  1-15  Article 1 of Chapter 10 of Title 17 of the Official Code of
  1-16  Georgia Annotated, relating to the procedure for sentencing
  1-17  and imposition of punishment, is amended by inserting a new
  1-18  Code section to be designated Code Section 17-10-10.1, to
  1-19  read as follows:

  1-20    "17-10-10.1. (Index)

  1-21    If a person is convicted of a crime or crimes committed
  1-22    while incarcerated in a state or county correctional
  1-23    institution or other facility operating under the
  1-24    jurisdiction of the Board of Corrections after conviction
  1-25    of a crime or crimes, any term of incarceration imposed
  1-26    for such crime committed while incarcerated shall not be
  1-27    served concurrently with the sentence imposed for the
  1-28    original crime or crimes."

                         SECTION 2.

  1-29  Article 2 of Chapter 5 of Title 42 of the Official Code of
  1-30  Georgia Annotated, relating to wardens, superintendents, and
  1-31  other personnel of correctional institutions, is amended by



                                 -1- (Index)

                                                  LC 22 1333

  2- 1  inserting a new Code section to be designated Code Section
  2- 2  42-5-41, to read as follows:

  2- 3    "42-5-41. (Index)

  2- 4    It shall be the duty of the warden, superintendent, or
  2- 5    other chief custodial officer of the state or county
  2- 6    correctional institution or other facility operating under
  2- 7    the jurisdiction of the board to report crimes which have
  2- 8    apparently been committed by inmates while incarcerated in
  2- 9    such institution or facility to the local district
  2-10    attorney or solicitor and to cooperate fully with the
  2-11    investigation and prosecution of such crimes."

                         SECTION 3.

  2-12  All laws and parts of laws in conflict with this Act are
  2-13  repealed.
































                                 -2- (Index)