HB129.html

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"; to provide a short title; to prohibit the execution of the death sentence for any person if the sentence was imposed based on race; to provide for establishing an inference that race was the basis of a death sentence; to provide for relevant and statistical evidence, evidence of statutory aggravating factors, and comparisons of similar cases involving persons of different races; to provide for rebuttal of an inference by clear and convincing evidence; to provide that data collected by public agencies shall be publicly available; to provide for retroactivity; to provide for applicability; to repeal conflicting laws; and for other purposes.

17_10_80.
This article shall be known and may be cited as the 'Georgia Racial Justice Act.'

17_10_81.
(a) No person shall be put to death under color of state law in the execution of a sentence which was imposed based on race.
(b) An inference that race was the basis of a death sentence is established if valid evidence is presented demonstrating that race was a statistically significant factor in decisions to seek or impose the sentence of death in the State of Georgia at the time such death sentence was sought or imposed.
(c) Evidence relevant to establish an inference that race was the basis of a death sentence may include evidence that death sentences were sought or imposed significantly more frequently:
(1) Upon persons of one race more than upon persons of another race; or
(2) As punishment for capital offenses against persons of one race more than as punishment for capital offenses against persons of another race.
(d) If statistical evidence is presented to establish an inference that race was the basis of a sentence of death, the court shall determine the validity of the evidence and if it provides a basis for that inference. The evidence shall take into account, to the extent it is compiled and publicly made available, evidence of the statutory aggravating factors and shall include comparisons of similar cases involving persons of different races.
(e) If an inference that race was the basis of a death sentence is established, the death sentence shall not be carried out unless the state rebuts the inference by clear and convincing evidence. The state cannot rely on mere assertions that it did not intend to discriminate or that the case fits the statutory criteria for seeking or imposing the death sentence.

17_10_82.
Data collected by public agencies concerning factors relevant to the imposition of the death sentence shall be made publicly available pursuant to Article 4 of Chapter 18 of Title 50 and Code Section 17_16_4.

17_10_83.
This article shall be applied retroactively. Notwithstanding any other law to the contrary, no person shall be barred from raising any claim under this article on the ground that he or she failed to raise or to prosecute such a claim before July 1, 2003, or by reason of any adjudication rendered before July 1, 2003."