SB 258 - Inmate Convicted of Cert. Misde- meanor While Confined - sentencing

First Reader Summary

A bill to amend Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to procedures for sentencing and imposition of punishment, so as to provide for sentencing an inmate convicted of a misdemeanor or misdemeanor of a high and aggravated nature committed within the confines of a state correctional institution to confinement under the jurisdiction of the Department of Corrections.

Page Numbers - 1/ 2

Recorded Votes

• Vote # 650 PASS 03/28/97

SB 258 97                                            SB258/AP 
 
      SENATE BILL 258 
 
      By:  Senators Dean of the 31st and Marable of the 52nd 
 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Chapter 10 of Title 17 of the Official Code of 
  1- 2  Georgia Annotated, relating to procedures for sentencing and 
  1- 3  imposition of punishment, so as to provide for sentencing an 
  1- 4  inmate convicted of a misdemeanor or misdemeanor of a high 
  1- 5  and aggravated nature committed within the confines of a 
  1- 6  state correctional institution to confinement under the 
  1- 7  jurisdiction of the Department of Corrections; to remove a 
  1- 8  provision prohibiting modification of a sentence to place a 
  1- 9  county inmate under the jurisdiction of the Department of 
  1-10  Corrections; to provide an effective date; to repeal 
  1-11  conflicting laws; and for other purposes. 
 
  1-12       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1-13                           SECTION 1. 
 
  1-14  Chapter 10 of Title 17, relating to procedures for 
  1-15  sentencing and imposition of punishment, is amended by 
  1-16  striking in its entirety subsection (a) of Code Section 
  1-17  17-10-3, relating to punishment for misdemeanors generally, 
  1-18  and inserting in its place the following: 
 
  1-19    "(a) Except as otherwise provided by law, every crime 
  1-20    declared to be a misdemeanor shall be punished either as 
  1-21    follows: 
 
  1-22      (1) By a fine not to exceed $1,000.00 or by confinement 
  1-23      in the county or other jail, county correctional 
  1-24      institution, or such other places as counties may 
  1-25      provide for maintenance of county inmates, for a total 
  1-26      term not to exceed 12 months, or both; or 
 
  1-27      (2) By confinement under the jurisdiction of the Board 
  1-28      of Corrections in a state or county correctional 
  1-29      institution or such other institution as the Department 
  1-30      of Corrections may direct, for a determinate term of 
  1-31      months which shall be more than six months but shall not 
  1-32      exceed a total term of 12 months.; or 
 
 
 
 
                                 -1- 
 
 
 
  2- 1      (3) If the crime was committed by an inmate within the 
  2- 2      confines of a state correctional institution, by 
  2- 3      confinement under the jurisdiction of the Board of 
  2- 4      Corrections in a state correctional institution or such 
  2- 5      other institution as the Department of Corrections may 
  2- 6      direct for a term which shall not exceed 12 months." 
 
  2- 7                           SECTION 2. 
 
  2- 8  Said chapter is further amended by striking in its entirety 
  2- 9  subsection (a) of Code Section 17-10-4, relating to 
  2-10  punishment for misdemeanors of a high and aggravated nature, 
  2-11  and inserting in lieu thereof the following: 
 
  2-12    "(a) A person who is convicted of a misdemeanor of a high 
  2-13    and aggravated nature shall be punished by a fine not to 
  2-14    exceed $5,000.00 or by confinement in the county or other 
  2-15    jail, county correctional institution, or such other 
  2-16    places as counties may provide for maintenance of county 
  2-17    inmates, for a term not to exceed 12 months, or both; 
  2-18    provided, however, that a person convicted of a 
  2-19    misdemeanor of a high and aggravated nature which was 
  2-20    committed by an inmate within the confines of a state 
  2-21    correctional institution and sentenced to confinement as a 
  2-22    result of such offense shall be sentenced to confinement 
  2-23    under the jurisdiction of the Board of Corrections in a 
  2-24    state correctional institution or such other institution 
  2-25    as the Department of Corrections may direct for  a term 
  2-26    which shall not exceed 12 months. In all cases of a 
  2-27    conviction of a misdemeanor of a high and aggravated 
  2-28    nature, the sentencing court shall retain jurisdiction to 
  2-29    amend, modify, alter, suspend, or probate sentences 
  2-30    imposed under this Code section at any time; but in no 
  2-31    instance shall a sentence imposed under this Code section 
  2-32    be modified in such a manner as to increase the amount of 
  2-33    fine or the term of confinement or to place a county 
  2-34    inmate under the jurisdiction of the Board of 
  2-35    Corrections." 
 
  2-36                           SECTION 3. 
 
  2-37  Notwithstanding the provisions of Code Section 1-3-4.1, this 
  2-38  Act shall become effective July 1, 1997. 
 
  2-39                           SECTION 4. 
 
  2-40  All laws and parts of laws in conflict with this Act are 
  2-41  repealed. 
 
 
 
 
                                 -2-