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SB 11 - Cert. Imprisonment for Serious Felony - serve 90% of sent.

Land, Clay (16th)	Johnson, Eric B (1st)	Perdue, Sonny (18th)
Price, Thomas E (56th)

Status Summary	SC:	Corr	HC:		FR:	01/13/99	LA:	01/13/99	S - Read 1st time

First Reader Summary

A bill to amend Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to procedure for sentencing and imposition of punishment, so as to provide that any person sentenced to imprisonment other than a sentence of life imprisonment for the first conviction or any subsequent conviction of any serious felony committed on or after the effective date of the Act shall not be eligible for any form of parole or early release administered by the State Board of Pardons and Paroles until such person has served 90 percent of the sentence.

Code Sections - 17-10-6.2

SB 11  99                                          LC 10 2602 
 
      SENATE BILL 11 
 
      By:  Senators Land of the 16th, Johnson of the 1st and 
           Perdue of the 18th 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Article 1 of Chapter 10 of Title 17 of the Official 
  1- 2  Code of Georgia Annotated, relating to procedure for 
  1- 3  sentencing and imposition of punishment, so as to provide 
  1- 4  that any person sentenced to imprisonment other than a 
  1- 5  sentence of life imprisonment for the first conviction or 
  1- 6  any subsequent conviction of any serious felony committed on 
  1- 7  or after the effective date of this Act shall not be 
  1- 8  eligible for any form of parole or early release 
  1- 9  administered by the State Board of Pardons and Paroles until 
  1-10  such person has served 90 percent of the sentence imposed by 
  1-11  the sentencing court; to provide that any person sentenced 
  1-12  to imprisonment for life for the first conviction or any 
  1-13  subsequent conviction of any serious felony committed on or 
  1-14  after the effective date of this Act shall not be eligible 
  1-15  for any form of parole or early release administered by the 
  1-16  State Board of Pardons and Paroles until such person has 
  1-17  served a minimum of 14 years in prison; to provide for 
  1-18  exceptions and for the applicability of other provisions of 
  1-19  law; to provide that the term of imprisonment to which a 
  1-20  person is sentenced for a serious felony committed after the 
  1-21  effective date of this Act shall not be reduced by any 
  1-22  earned time, early release, work release, leave, or other 
  1-23  sentence-reducing measures under programs administered by 
  1-24  the Department of Corrections; to define a certain term; to 
  1-25  provide an effective date; to repeal conflicting laws; and 
  1-26  for other purposes. 
 
  1-27       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1-28                           SECTION 1. 
 
  1-29  Article 1 of Chapter 10 of Title 17 of the Official Code of 
  1-30  Georgia Annotated, relating to procedure for sentencing and 
  1-31  imposition of punishment, is amended by adding between Code 
  1-32  Sections 17-10-6.1 and 17-10-7 a new Code Section 17-10-6.2 
  1-33  to read as follows: 
 
 
 
 
 
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  2- 1    "17-10-6.2. 
 
  2- 2    (a) As used in this Code section, the term 'serious 
  2- 3    felony' means any felony which constitutes: 
 
  2- 4      (1) Criminal attempt to commit murder, as defined in 
  2- 5      Code Sections 16-4-1 and 16-5-1; 
 
  2- 6      (2) Voluntary manslaughter, as defined in Code Section 
  2- 7      16-5-2; 
 
  2- 8      (3) Involuntary manslaughter, as defined in Code Section 
  2- 9      16-5-3; 
 
  2-10      (4) Aggravated assault, as defined in subsection (a) of 
  2-11      Code Section 16-5-21, when a weapon is used in the 
  2-12      commission of the crime and an injury occurs; 
 
  2-13      (5) Aggravated assault against a peace officer or 
  2-14      correctional officer, as defined in subsection (c) of 
  2-15      Code Section 16-5-21; 
 
  2-16      (6) Aggravated battery, as defined in subsection (a) of 
  2-17      Code Section 16-5-24; 
 
  2-18      (7) Aggravated battery against a peace officer or 
  2-19      correctional officer, as defined in subsection (c) of 
  2-20      Code Section 16-5-24; 
 
  2-21      (8) Hijacking a motor vehicle, as defined in Code 
  2-22      Section 16-5-44.1; 
 
  2-23      (9) Cruelty to children, as defined in Code Section 
  2-24      16-5-70; 
 
  2-25      (10) Feticide, as defined in Code Section 16-5-80; 
 
  2-26      (11) Aggravated stalking, as defined in Code Section 
  2-27      16-5-91; 
 
  2-28      (12) Criminal attempt to commit rape, as defined in Code 
  2-29      Sections 16-4-1 and 16-6-1; 
 
  2-30      (13) Statutory rape, as defined in Code Section 16-6-3; 
 
  2-31      (14) Child molestation, as defined in subsection (a) of 
  2-32      Code Section 16-6-4; 
 
  2-33      (15) Enticing a child for indecent purposes, as defined 
  2-34      in Code Section 16-6-5; 
 
  2-35      (16) Incest, as defined in Code Section 16-6-22; 
 
  2-36      (17) Burglary of the dwelling of another, as defined in 
  2-37      Code Section 16-7-1; 
 
 
                                 -2- 
 
 
 
  3- 1      (18) Robbery, as defined in Code Section 16-8-40; 
 
  3- 2      (19) Bus or rail vehicle hijacking, as defined in Code 
  3- 3      Section 16-12-123; or 
 
  3- 4      (20) Homicide by vehicle in the first degree, as defined 
  3- 5      in Code Section 40-6-393, when at the time of the 
  3- 6      commission of the crime such offender was a habitual 
  3- 7      violator as defined in Code Section 40-5-58 or was 
  3- 8      driving under the influence of alcohol, drugs, or any 
  3- 9      other intoxicating substance in violation of Code 
  3-10      Section 40-6-391. 
 
  3-11    (b) Notwithstanding any other provisions of law to the 
  3-12    contrary, except as otherwise provided in subsection (c) 
  3-13    of Code Section 17-10-7, any person sentenced to 
  3-14    imprisonment for the first conviction or any subsequent 
  3-15    conviction of any serious felony committed on or after the 
  3-16    effective date of this Code section shall not be eligible 
  3-17    for any form of parole or early release administered by 
  3-18    the State Board of Pardons and Paroles until such person 
  3-19    has served 90 percent of the sentence imposed by the 
  3-20    sentencing court; provided, however, that, except as 
  3-21    otherwise provided in subsection (c) of Code Section 
  3-22    17-10-7, any person sentenced to imprisonment for life for 
  3-23    the first conviction or any subsequent conviction of any 
  3-24    serious felony committed on or after the effective date of 
  3-25    this Code section shall not be eligible for any form of 
  3-26    parole or early release administered by the State Board of 
  3-27    Pardons and Paroles until such person has served a minimum 
  3-28    of 14 years in prison. The term of imprisonment to which a 
  3-29    person is sentenced for a serious felony committed on or 
  3-30    after the effective date of this Code section shall not be 
  3-31    reduced by any earned time, early release, work release, 
  3-32    leave, or other sentence-reducing measures under programs 
  3-33    administered by the Department of Corrections." 
 
  3-34                           SECTION 2. 
 
  3-35  This Act shall become effective upon its approval by the 
  3-36  Governor or upon its becoming law without such approval. 
 
  3-37                           SECTION 3. 
 
  3-38  All laws and parts of laws in conflict with this Act are 
  3-39  repealed. 
 
 
 
 
 
 
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