Georgia House of Representatives - 1995/1996 Sessions

HB 929 - Convicted felon; ineligible for parole

Page Numbers - 1/ 2/ 3

Code Sections - 17-10-7

1. Woods  32nd


House Comm: SJudy      /                Senate Comm:            /                                   
House Vote: Yeas       Nays             Senate Vote: Yeas     Nays                                  
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               House          Action         Senate                                                 
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              3/1/95   Read 1st Time                                                                
              3/6/95   Read 2nd Time                                                                
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Code Sections amended:                                                                              


HB 929                                            LC 24 0154






                        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 procedure for
  1- 3  sentencing and imposition of punishment, so as to provide
  1- 4  that a person who commits a felony is not eligible for
  1- 5  parole; to provide for related matters; to provide for an
  1- 6  effective date and applicability; to repeal conflicting
  1- 7  laws; and for other purposes.

  1- 8       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

                         SECTION 1.

  1- 9  Article 1 of Chapter 10 of Title 17 of the Official Code of
  1-10  Georgia Annotated, relating to procedure for sentencing and
  1-11  imposition of punishment, is amended by striking Code
  1-12  Section 17-10-7, relating to punishment and parole
  1-13  eligibility of repeat felony offenders, and inserting in
  1-14  lieu thereof a new Code Section 17-10-7 to read as follows:

  1-15    "17-10-7. (Index)

  1-16    (a) Except as otherwise provided in subsection (b) of this
  1-17    Code section, any person convicted of a felony offense in
  1-18    this state or having been convicted under the laws of any
  1-19    other state or of the United States of a crime which if
  1-20    committed within this state would be a felony and
  1-21    sentenced to confinement in a penal institution, who shall
  1-22    afterwards commit a felony punishable by confinement in a
  1-23    penal institution, shall be sentenced to undergo the
  1-24    longest period of time prescribed for the punishment of
  1-25    the subsequent offense of which he or she stands
  1-26    convicted, provided that, unless otherwise provided by
  1-27    law, the trial judge may, in his or her discretion,
  1-28    probate or suspend the maximum sentence prescribed for the
  1-29    offense.

  1-30      (b)(1) As used in this subsection, the term 'serious
  1-31      violent felony' means a serious violent felony as
  1-32      defined in subsection (a) of Code Section 17-10-6.1.



                                 -1- (Index)

                                                  LC 24 0154

  2- 1      (2) Any person who has been convicted of a serious
  2- 2      violent felony in this state or who has been convicted
  2- 3      under the laws of any other state or of the United
  2- 4      States of a crime which if committed in this state would
  2- 5      be a serious violent felony and who after such first
  2- 6      conviction subsequently commits and is convicted of a
  2- 7      serious violent felony for which such person is not
  2- 8      sentenced to death shall be sentenced to imprisonment
  2- 9      for life without parole. Any such sentence of life
  2-10      without parole shall not be suspended, stayed, probated,
  2-11      deferred, or withheld, and any such person sentenced
  2-12      pursuant to this paragraph shall not be eligible for any
  2-13      form of pardon, parole, or early release administered by
  2-14      the State Board of Pardons and Paroles or for any earned
  2-15      time, early release, work release, leave, or any other
  2-16      sentence-reducing measures under programs administered
  2-17      by the Department of Corrections, the effect of which
  2-18      would be to reduce the sentence of life imprisonment
  2-19      without possibility of parole, except as may be
  2-20      authorized by any existing or future provisions of the
  2-21      Constitution.

  2-22    (c) Except as otherwise provided in subsection (b) of this
  2-23    Code section, any person who, after having been is
  2-24    convicted under the laws of this state for three felonies
  2-25    a felony or having been convicted under the laws of any
  2-26    other state or of the United States of three crimes which
  2-27    if committed within this state would be felonies, commits
  2-28    a felony within this state other than a capital felony
  2-29    must, upon conviction for such fourth offense or for
  2-30    subsequent offenses, shall serve the maximum time provided
  2-31    in the sentence of the judge based upon such conviction
  2-32    and shall not be eligible for parole until the maximum
  2-33    sentence has been served. 

  2-34    (d) For the purpose of this Code section, conviction of
  2-35    two or more crimes charged on separate counts of one
  2-36    indictment or accusation, or in two or more indictments or
  2-37    accusations consolidated for trial, shall be deemed to be
  2-38    only one conviction.

  2-39    (e)(d) This Code section is supplemental to other
  2-40    provisions relating to recidivous offenders."







                                 -2- (Index)

                                                  LC 24 0154

                         SECTION 2.

  3- 1  This Act shall become effective on July 1, 1995 and shall
  3- 2  apply only to those felonies committed on or after July 1,
  3- 3  1995.

                         SECTION 3.

  3- 4  All laws and parts of laws in conflict with this Act are
  3- 5  repealed.








































                                 -3- (Index)