Georgia Senate - 1995/1996 Sessions

SB 329 - Death Penalty, Life - when trial judge may impose

Page Numbers - 1/ 2/ 3

Code Sections - 17-10-31

1. Thompson  33rd         2. Perdue  18th            3. Ray  19th


Senate Comm: Judy       /         House Comm:            /                                          
Senate Vote: Yeas       Nays                                                                        
           ---------------------------------------------                                            
              Senate          Action          House                                                 
           ---------------------------------------------                                            
             2/10/95   Read 1st time                                                                
             3/1/95    Favorably Reported                                                           
             Sub       Committee Amend/Sub                                                          
             3/6/95    Read 2nd Time                                                                
             1/8/96    Committed                                                                    
             1/8/96    Read 3rd Time                                                                
           ---------------------------------------------                                            
                                                                                                    
Code Sections amended: 17-10-31                                                                     


SB 32995                                         LC 22 1701S
                                                       (SCS)
      SENATE BILL 329

      By:  Senators Thompson of the 33rd, Perdue of the 18th,
           Ray of the 19th and others

                        A BILL TO BE ENTITLED
                               AN ACT


  1- 1  To amend Article 2 of Chapter 10 of Title 17 of the Official
  1- 2  Code of Georgia Annotated, relating to the death penalty
  1- 3  generally, so as to provide for sentencing by the trial
  1- 4  judge or a declaration of mistrial as to sentencing when the
  1- 5  sentencing jury has found the existence of at least one
  1- 6  statutory aggravating circumstance but is unable to render a
  1- 7  sentencing verdict; to provide for related matters; to
  1- 8  repeal conflicting laws; and for other purposes.

  1- 9       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

                         SECTION 1.

  1-10  Article 2 of Chapter 10 of Title 17 of the Official Code of
  1-11  Georgia Annotated, relating to the death penalty generally,
  1-12  is amended by striking Code Section 17-10-31, relating to
  1-13  the requirement of a jury finding of an aggravating
  1-14  circumstance and recommendation that the death penalty be
  1-15  imposed prior to imposition of a death sentence, and
  1-16  inserting in lieu thereof a new Code Section 17-10-31 to
  1-17  read as follows:

  1-18    "17-10-31. (Index)

  1-19    (a) Where, upon a trial by jury, a person is convicted of
  1-20    an offense which may be punishable by death, a sentence of
  1-21    death shall not be imposed unless the jury verdict
  1-22    includes a finding of at least one statutory aggravating
  1-23    circumstance and a recommendation that such sentence be
  1-24    imposed.  Where a statutory aggravating circumstance is
  1-25    found and a recommendation of death is made, the court
  1-26    shall sentence the defendant to death.  Where a sentence
  1-27    of death is not recommended by the jury, the court shall
  1-28    sentence the defendant to imprisonment as provided by law.
  1-29    Unless the jury trying the case makes a finding of at
  1-30    least one statutory aggravating circumstance and
  1-31    recommends the death sentence in its verdict, the court
  1-32    shall not sentence the defendant to death, provided that
  1-33    no such finding of statutory aggravating circumstance


                             S. B. 329
                                 -1- (Index)

                                                 LC 22 1701S

  2- 1    shall be necessary in offenses of treason or aircraft
  2- 2    hijacking.  This Code section shall not affect a sentence
  2- 3    when the case is tried without a jury or when the judge
  2- 4    accepts a plea of guilty.

  2- 5    (b) Notwithstanding anything to the contrary contained in
  2- 6    subsection (a) of this Code section, effective  with
  2- 7    respect to offenses occurring after July 1, 1995, if a
  2- 8    person is convicted of an offense which may be punishable
  2- 9    by death and the jury makes a finding of at least one
  2-10    statutory aggravating circumstance but is unable to agree
  2-11    on a verdict as to a sentence of life imprisonment or
  2-12    death and the judge has determined that the jury is
  2-13    deadlocked, then the trial court shall inquire as to the
  2-14    numerical division of the jury and shall act in accordance
  2-15    with this numerical division as follows:

  2-16      (1) If the trial judge determines that even though the
  2-17      jury has found the existence of at least one statutory
  2-18      aggravating circumstance, the jury is deadlocked as to
  2-19      the sentence to be imposed, and the jury is divided as
  2-20      to sentence with less than seven jurors being in favor
  2-21      of imposing a sentence of death, the trial judge shall
  2-22      impose a life sentence;

  2-23      (2) If the trial judge determines that even though the
  2-24      jury has found the existence of at least one statutory
  2-25      aggravating circumstance, the jury is deadlocked as to
  2-26      the sentence to be imposed, and the jury is divided as
  2-27      to sentence with more than six jurors being in favor of
  2-28      imposing a sentence of death, the trial judge shall
  2-29      impose a life sentence, life without parole, or declare
  2-30      a mistrial as provided by paragraph (3) of this
  2-31      subsection; or

  2-32      (3) If the trial judge determines that even though the
  2-33      jury has found the existence of at least one statutory
  2-34      aggravating circumstance, the jury is deadlocked as to
  2-35      the sentence to be imposed, and if not less than ten out
  2-36      of 12 of the jurors are in favor of imposing the death
  2-37      sentence, the trial judge may declare a mistrial as to
  2-38      the sentencing procedures and order a new trial as to
  2-39      sentencing only.  Such a declaration of mistrial as to
  2-40      sentencing shall in no way affect the adjudication of
  2-41      guilt."




                             S. B. 329
                                 -2- (Index)

                                                 LC 22 1701S

                         SECTION 2.

  3- 1  All laws and parts of laws in conflict with this Act are
  3- 2  repealed.












































                             S. B. 329
                                 -3- (Index)