Georgia House of Representatives - 1995/1996 Sessions

HB 279 - Pardons & Paroles, St Board; determination notice; public record

Page Numbers - 1/ 2

1. Bannister  77th        2. Johnson  97th           3. Lawrence  64th
4. Mills  21st            5. Crews  78th             6. Williams  83rd


House Comm: Judy       /                Senate Comm:            /                                   
House Vote: Yeas       Nays             Senate Vote: Yeas     Nays                                  
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               House          Action         Senate                                                 
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              1/13/95  Read 1st Time                                                                
              1/23/95  Read 2nd Time                                                                
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Code Sections amended:                                                                              


HB 279                                            LC 10 1023






                        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 change the provisions
  1- 4  relating to notice of determinations of the State Board of
  1- 5  Pardons and Paroles; to provide that determinations of the
  1- 6  board shall be public records; to change the provisions
  1- 7  relating to the preservation of documents and classification
  1- 8  of  information and documents; to repeal conflicting laws;
  1- 9  and for other purposes.

  1-10       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

                         SECTION 1.

  1-11  Article 2 of Chapter 9 of Title 42 of the Official Code of
  1-12  Georgia Annotated, relating to grants of pardons, paroles,
  1-13  and other relief, is amended by striking in its entirety
  1-14  subsection (b) of Code Section 42-9-43, relating to
  1-15  information to be considered by the board generally and
  1-16  conduct of investigation and examination, and inserting in
  1-17  lieu thereof a new subsection (b) to read as follows:

  1-18    "(b) Before releasing any person on parole, the board may
  1-19    have the person appear before it and may personally
  1-20    examine him or her.  Thereafter, upon consideration, the
  1-21    board shall make its findings and determine whether or not
  1-22    the person shall be granted a pardon, parole, or other
  1-23    relief within the power of the board; and the board shall
  1-24    determine the terms and conditions thereof.  Notice of the
  1-25    determination, including the names of the members
  1-26    considering the case and each such member's determination,
  1-27    shall be given to the person and to the correctional
  1-28    official having him or her in custody and shall be a
  1-29    public record, notwithstanding any provision of Code
  1-30    Section 42-9-53."

                         SECTION 2.

  1-31  Said article is further amended by striking in its entirety
  1-32  subsection (b) of Code Section 42-9-53, relating to the


                                 -1- (Index)

                                                  LC 10 1023

  2- 1  preservation of documents and classification of information
  2- 2  and documents, and inserting in lieu thereof a new
  2- 3  subsection (b) to read as follows:

  2- 4    "(b) All information, both oral and written, received by
  2- 5    members of the board in the performance of their duties
  2- 6    under this chapter and all records, papers, and documents
  2- 7    coming into their possession by reason of the performance
  2- 8    of their duties under this chapter shall be classified as
  2- 9    confidential state secrets unless otherwise provided by
  2-10    law or until declassified by a resolution of the board
  2-11    passed at a duly constituted session of the board;
  2-12    provided, however, that the board shall be authorized to
  2-13    disclose to an alleged violator of parole or conditional
  2-14    release the evidence introduced against him or her at a
  2-15    final hearing on the matter of revocation of parole or
  2-16    conditional release."

                         SECTION 3.

  2-17  This Act shall become effective upon its approval by the
  2-18  Governor or upon its becoming law without such approval.

                         SECTION 4.

  2-19  All laws and parts of laws in conflict with this Act are
  2-20  repealed.
























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