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HB 137 - Georgia Racial Justice Act; enact

Holmes, Bob (53rd)	Brooks, Tyrone (54th)	Mobley, Barbara J (69th)
Orrock, Nan (56th)

Status Summary	HC:	Judy	SC:		FR:	01/15/99	LA:	01/25/99	H - Read 2nd Time

First Reader Summary

A BILL to amend Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to sentence and punishment, so as to enact the "Georgia Racial Justice Act"; and for other purposes.

Code Sections - 17-10-80/ 17-10-81/ 17-10-82/ 17-10-83

HB 137                                           LC 22 3328ER 
 
 
 
 
 
 
                        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 sentence and punishment, so 
  1- 3  as to enact the "Georgia Racial Justice Act"; to provide a 
  1- 4  short title; to prohibit the execution of the death sentence 
  1- 5  for any person if the sentence was imposed based on race; to 
  1- 6  provide for establishing an inference that race was the 
  1- 7  basis of a death sentence; to provide for relevant and 
  1- 8  statistical evidence, evidence of statutory aggravating 
  1- 9  factors, and comparisons of similar cases involving persons 
  1-10  of different races; to provide for rebuttal of an inference 
  1-11  by clear and convincing evidence; to provide that data 
  1-12  collected by public agencies shall be publicly available; to 
  1-13  provide for retroactivity; to provide for applicability; to 
  1-14  repeal conflicting laws; and for other purposes. 
 
  1-15       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1-16                           SECTION 1. 
 
  1-17  Chapter 10 of Title 17 of the Official Code of Georgia 
  1-18  Annotated, relating to sentence and punishment, is amended 
  1-19  by inserting a new article to be designated Article 4 to 
  1-20  read as follows: 
 
 
 
  1-21    17-10-80. 
 
  1-22    This article shall be known and may be cited as the 
  1-23    'Georgia Racial Justice Act.' 
 
  1-24    17-10-81. 
 
  1-25    (a) No person shall be put to death under color of state 
  1-26    law in the execution of a sentence which was imposed based 
  1-27    on race. 
 
  1-28    (b) An inference that race was the basis of a death 
  1-29    sentence is established if valid evidence is presented 
  1-30    demonstrating that race was a statistically significant 
  1-31    factor in decisions to seek or impose the sentence of 
 
 
 
                                 -1- 
 
 
 
  2- 1    death in the State of Georgia at the time such death 
  2- 2    sentence was sought or imposed. 
 
  2- 3    (c) Evidence relevant to establish an inference that race 
  2- 4    was the basis of a death sentence may include evidence 
  2- 5    that death sentences were sought or imposed significantly 
  2- 6    more frequently: 
 
  2- 7      (1) Upon persons of one race more than upon persons of 
  2- 8      another race; or 
 
  2- 9      (2) As punishment for capital offenses against persons 
  2-10      of one race more than as punishment for capital offenses 
  2-11      against persons of another race. 
 
  2-12    (d) If statistical evidence is presented to establish an 
  2-13    inference that race was the basis of a sentence of death, 
  2-14    the court shall determine the validity of the evidence and 
  2-15    if it provides a basis for that inference.  The evidence 
  2-16    shall take into account, to the extent it is compiled and 
  2-17    publicly made available, evidence of the statutory 
  2-18    aggravating factors and shall include comparisons of 
  2-19    similar cases involving persons of different races. 
 
  2-20    (e) If an inference that race was the basis of a death 
  2-21    sentence is established, the death sentence shall not be 
  2-22    carried out unless the state rebuts the inference by clear 
  2-23    and convincing evidence.  The state cannot rely on mere 
  2-24    assertions that it did not intend to discriminate or that 
  2-25    the case fits the statutory criteria for seeking or 
  2-26    imposing the death sentence. 
 
  2-27    17-10-82. 
 
  2-28    Data collected by public agencies concerning factors 
  2-29    relevant to the imposition of the death sentence shall be 
  2-30    made publicly available pursuant to Article 4 of Chapter 
  2-31    18 of Title 50 and Code Section 17-16-4. 
 
  2-32    17-10-83. 
 
  2-33    This article shall be applied retroactively. 
  2-34    Notwithstanding any other law to the contrary, no person 
  2-35    shall be barred from raising any claim under this article 
  2-36    on the ground that he or she failed to raise or to 
  2-37    prosecute such a claim before the effective date of this 
  2-38    article or by reason of any adjudication rendered before 
  2-39    the effective date of this article." 
 
 
 
 
 
                                 -2- 
 
 
 
  3- 1                           SECTION 2. 
 
  3- 2  All laws and parts of laws in conflict with this Act are 
  3- 3  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                 -3-