Georgia House of Representatives - 1995/1996 Sessions

HR 32 - Mandatory service of sentences for certain crimes - CA

Page Numbers - 1/ 2/ 3

1. Klein  39th            2. Williams  83rd


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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              1/9/95   Read 1st Time                                                                
              1/10/95  Read 2nd Time                                                                
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Rules Suspended to Introduce                                                                        
                                                                                                    
Code Sections amended:                                                                              


HR 32                                             LC 10 0958






                             A RESOLUTION

  1- 1  Proposing an amendment to the Constitution so as to provide
  1- 2  that the General Assembly may by general law approved by
  1- 3  two-thirds of the members thereof provide for mandatory
  1- 4  service of sentences for persons convicted of voluntary
  1- 5  manslaughter, aggravated assault, or aggravated battery and,
  1- 6  when so provided by such Act, the State Board of Pardons and
  1- 7  Paroles shall not have the authority to consider such
  1- 8  persons for pardon, parole, or commutation during that
  1- 9  portion of the sentence; to provide that the General
  1-10  Assembly in the same manner may provide for the imposition
  1-11  of sentences of life without parole for persons who have
  1-12  been previously convicted of voluntary manslaughter,
  1-13  aggravated assault, aggravated battery, or other violent
  1-14  offense and who subsequently commit and are convicted of a
  1-15  violent offense and to prohibit such board from granting a
  1-16  pardon, parole, or commutation in such cases; to provide for
  1-17  the submission of this amendment for ratification or
  1-18  rejection; and for other purposes.

  1-19       BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

                         SECTION 1.

  1-20  Article IV, Section II, Paragraph II of the Constitution is
  1-21  amended by striking subparagraph (b) in its entirety and
  1-22  inserting in lieu thereof new subparagraph (b) to read as
  1-23  follows:

  1-24      "(b)(1) When a sentence of death is commuted to life
  1-25      imprisonment, the board shall not have the authority to
  1-26      grant a pardon to the convicted person until such person
  1-27      has served at least 25 years in the penitentiary; and
  1-28      such person shall not become eligible for parole at any
  1-29      time prior to serving at least 25 years in the
  1-30      penitentiary.

  1-31        (2) The General Assembly may by general law approved
  1-32      by two-thirds of the members elected to each branch of
  1-33      the General Assembly in a roll-call vote provide for
  1-34      minimum mandatory sentences and for sentences which are
  1-35      required to be served in their entirety for persons



                                 -1- (Index)

                                                  LC 10 0958

  2- 1      convicted of armed robbery, kidnapping, rape, aggravated
  2- 2      child molestation, aggravated sodomy, voluntary
  2- 3      manslaughter, aggravated assault, aggravated battery, or
  2- 4      aggravated sexual battery and, when so provided by such
  2- 5      Act, the board shall not have the authority to consider
  2- 6      such persons for pardon, parole, or commutation during
  2- 7      that portion of the sentence.

  2- 8        (3) The General Assembly may by general law approved
  2- 9      by two-thirds of the members elected to each branch of
  2-10      the General Assembly in a roll-call vote provide for the
  2-11      imposition of sentences of life without parole for
  2-12      persons convicted of murder and for persons who having
  2-13      been previously convicted of murder, voluntary
  2-14      manslaughter, armed robbery, kidnapping, rape,
  2-15      aggravated child molestation, aggravated sodomy,
  2-16      aggravated assault, aggravated battery, or aggravated
  2-17      sexual battery or having been previously convicted under
  2-18      the laws of any other state or of the United States of a
  2-19      crime which if committed in this state would be one of
  2-20      those offenses and who after such previous conviction
  2-21      subsequently commits and is convicted of one of those
  2-22      offenses and, when so provided by such Act, the board
  2-23      shall not have the authority to consider such persons
  2-24      for pardon, parole, or commutation from any portion of
  2-25      such sentence.

  2-26        (4) Any general law previously enacted by the General
  2-27      Assembly providing for life without parole or for
  2-28      mandatory service of sentences without suspension,
  2-29      probation, or parole is hereby ratified and approved but
  2-30      such provisions shall be subject to amendment or repeal
  2-31      by general law."

                         SECTION 2.

  2-32  The above proposed amendment to the Constitution shall be
  2-33  published and submitted as provided in Article X, Section I,
  2-34  Paragraph II of the Constitution.

  2-35  The ballot submitting the above proposed amendment shall
  2-36  have written or printed thereon the following:









                                 -2- (Index)

                                                  LC 10 0958

  3- 1    "(  ) YES Shall the Constitution be amended so as to
  3- 2              provide that the General Assembly may by
  3- 3     (  ) NO  general law approved by two-thirds of the
  3- 4              members thereof provide for mandatory service
  3- 5              of sentences without parole for persons
  3- 6              convicted of voluntary manslaughter,
  3- 7              aggravated assault, or aggravated battery and
  3- 8              to provide that the General Assembly in the
  3- 9              same manner may provide for the imposition of
  3-10              sentences of life without parole for persons
  3-11              who have been previously convicted of a
  3-12              violent offense and who subsequently commit
  3-13              and are convicted of a violent offense?"

  3-14  All persons desiring to vote in favor of ratifying the
  3-15  proposed amendment shall vote "Yes."  All persons desiring
  3-16  to vote against ratifying the proposed amendment shall vote
  3-17  "No."

  3-18  If such amendment shall be ratified as provided in said
  3-19  Paragraph of the Constitution, it shall become a part of the
  3-20  Constitution of this state.



























                                 -3- (Index)