| HB 116 - Rape or aggravated sodomy; victim under 12; penalties |
First Reader Summary
A BILL to provide for legislative findings; to amend Chapter 6 of
Title 16 of the Official Code of Georgia Annotated, relating to
sexual offenses, so as to change the provisions relating to the
penalty for the rape of a person who is less than 12 years of age
on the date of the offense and the penalty for aggravated sodomy
of a person who is less than 12 years of age on the date of the
offense; and for other purposes.
| House |
Action |
Senate |
| 1/14/99 |
Read 1st Time |
|
| 1/15/99 |
Read 2nd Time |
|
HB 116 LC 9 9841
A BILL TO BE ENTITLED
AN ACT
1- 1 To provide for legislative findings; to amend Chapter 6 of
1- 2 Title 16 of the Official Code of Georgia Annotated, relating
1- 3 to sexual offenses, so as to change the provisions relating
1- 4 to the penalty for the rape of a person who is less than 12
1- 5 years of age on the date of the offense and the penalty for
1- 6 aggravated sodomy of a person who is less than 12 years of
1- 7 age on the date of the offense; to provide for the
1- 8 imposition of the death penalty or imprisonment for life
1- 9 without parole for such offenses; to amend Article 2 of
1-10 Chapter 10 of Title 17 of the Official Code of Georgia
1-11 Annotated, relating to the death penalty generally, so as to
1-12 provide for the imposition of the death penalty or
1-13 imprisonment for life without parole for the rape of a
1-14 person who is less than 12 years of age on the date of the
1-15 offense and to provide for the imposition of the death
1-16 penalty or imprisonment for life without parole for
1-17 aggravated sodomy of a person who is less than 12 years of
1-18 age on the date of the offense; to provide for additional
1-19 aggravating circumstances; to repeal conflicting laws; and
1-20 for other purposes.
1-21 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
1-22 SECTION 1.
1-23 The General Assembly of Georgia finds and declares that it
1-24 is the public policy of this state to protect children from
1-25 the heinous crimes of rape and aggravated sodomy. While the
1-26 General Assembly recognizes the decision of the Supreme
1-27 Court of the United States in the case of Coker v. Georgia,
1-28 433 U.S. 584, 97 S.Ct. 2861, 53 L.Ed.2d 982 (1977),
1-29 reversing a sentence of death imposed for the rape of an
1-30 adult, it is the belief of the General Assembly that the
1-31 Supreme Court of the United States did not prohibit or
1-32 express any intention to prohibit the imposition of the
1-33 death penalty for such crimes against children. In
1-34 recognition of the serious increase in the incidence of
1-35 these terrible sexual offenses against children and the
-1-
2- 1 devastating results of the offenses, society has an
2- 2 obligation to impose the ultimate penalty for these offenses
2- 3 against children.
2- 4 SECTION 2.
2- 5 Chapter 6 of Title 16 of the Official Code of Georgia
2- 6 Annotated, relating to sexual offenses, is amended by
2- 7 inserting in Code Section 16-6-1, relating to rape, a new
2- 8 subsection (b.1) to read as follows:
2- 9 "(b.1) Notwithstanding the provisions of subsection (b) of
2-10 this Code section, a person convicted of the offense of
2-11 rape of a person who is less than 12 years of age on the
2-12 date of the offense shall be punished by death, by
2-13 imprisonment for life without parole, by imprisonment for
2-14 life, or by imprisonment for not less than ten nor more
2-15 than 20 years. Any person convicted under this subsection
2-16 of the offense of rape of a person who is less than 12
2-17 years of age shall, in addition, be subject to the
2-18 sentencing and punishment provisions of Code Sections
2-19 17-10-6.1 and 17-10-7."
2-20 SECTION 3.
2-21 Said chapter is further amended by inserting in Code Section
2-22 16-6-2, relating to sodomy and aggravated sodomy, a new
2-23 subsection (b.1) to read as follows:
2-24 "(b.1) Notwithstanding the provisions of subsection (b) of
2-25 this Code section, a person convicted of the offense of
2-26 aggravated sodomy of a person who is less than 12 years of
2-27 age on the date of the offense shall be punished by death,
2-28 by imprisonment for life without parole, by imprisonment
2-29 for life, or by imprisonment for not less than ten nor
2-30 more than 20 years. Any person convicted under this
2-31 subsection of the offense of aggravated sodomy of a person
2-32 who is less than 12 years of age on the date of the
2-33 offense shall, in addition, be subject to the sentencing
2-34 and punishment provisions of Code Sections 17-10-6.1 and
2-35 17-10-7."
2-36 SECTION 4.
2-37 Article 2 of Chapter 10 of Title 17 of the Official Code of
2-38 Georgia Annotated, relating to the death penalty generally,
2-39 is amended by striking subsection (b) of Code Section
2-40 17-10-30, relating to the procedure for the imposition of
2-41 the death penalty generally, and inserting in lieu thereof
2-42 the following:
-2-
3- 1 "(b) In all cases of other offenses for which the death
3- 2 penalty may be authorized, the judge shall consider, or he
3- 3 or she shall include in his or her instructions to the
3- 4 jury for it to consider, any mitigating circumstances or
3- 5 aggravating circumstances otherwise authorized by law and
3- 6 any of the following statutory aggravating circumstances
3- 7 which may be supported by the evidence:
3- 8 (1) The offense of murder, rape, armed robbery, or
3- 9 kidnapping was committed by a person with a prior record
3-10 of conviction for a capital felony;
3-11 (2) The offense of murder, rape, armed robbery, or
3-12 kidnapping was committed while the offender was engaged
3-13 in the commission of another capital felony or
3-14 aggravated battery, or the offense of murder was
3-15 committed while the offender was engaged in the
3-16 commission of burglary or arson in the first degree;
3-17 (3) The offender, by his or her act of murder, armed
3-18 robbery, or kidnapping, knowingly created a great risk
3-19 of death to more than one person in a public place by
3-20 means of a weapon or device which would normally be
3-21 hazardous to the lives of more than one person;
3-22 (4) The offender committed the offense of murder for
3-23 himself or herself or another, for the purpose of
3-24 receiving money or any other thing of monetary value;
3-25 (5) The murder of a judicial officer, former judicial
3-26 officer, district attorney or solicitor-general, or
3-27 former district attorney, solicitor, or
3-28 solicitor-general was committed during or because of the
3-29 exercise of his or her official duties;
3-30 (6) The offender caused or directed another to commit
3-31 murder or committed murder as an agent or employee of
3-32 another person;
3-33 (7) The offense of murder, rape, armed robbery, or
3-34 kidnapping was outrageously or wantonly vile, horrible,
3-35 or inhuman in that it involved torture, depravity of
3-36 mind, or an aggravated battery to the victim;
3-37 (8) The offense of murder was committed against any
3-38 peace officer, corrections employee, or fireman
3-39 firefighter while engaged in the performance of his or
3-40 her official duties;
-3-
4- 1 (9) The offense of murder was committed by a person in,
4- 2 or who has escaped from, the lawful custody of a peace
4- 3 officer or place of lawful confinement; or
4- 4 (10) The murder was committed for the purpose of
4- 5 avoiding, interfering with, or preventing a lawful
4- 6 arrest or custody in a place of lawful confinement, of
4- 7 himself, herself, or another.; or
4- 8 (11) The offense of rape or aggravated sodomy was
4- 9 committed against a person who was less than 12 years of
4-10 age on the date of the offense."
4-11 SECTION 5.
4-12 All laws and parts of laws in conflict with this Act are
4-13 repealed.
-4-
Clerk of the House
Robert E. Rivers, Jr., Clerk
Last Updated on 02/24/99
