07 AM 29
0623
NOT
GERMANE
Senator
Jones of the 10th offered the following amendment:
Amend
the Senate Judiciary Committee substitute to SB 23 (LC 29 2689S) by inserting
after
"States;"
on line 4 of page 1 the following: to
allow a change of sentence under certain
circumstances;
By inserting after the word "by" on line 14 of page 1 the following:
revising subsection (f) of Code Section 17-10-1 of the Official Code of Georgia Annotated, relating to fixing and changing of sentence, as follows:
By inserting after the word "by" on line 14 of page 1 the following:
revising subsection (f) of Code Section 17-10-1 of the Official Code of Georgia Annotated, relating to fixing and changing of sentence, as follows:
"(f)(1)
Except as provided in paragraph (2) of this subsection,
within
Within
one year of the date upon which the sentence is imposed, or within 120 days
after receipt by the sentencing court of the remittitur upon affirmance of the
judgment after direct appeal, whichever is later, the court imposing the
sentence has the jurisdiction, power, and authority to correct or reduce the
sentence and to suspend or probate all or any part of the sentence imposed.
Prior to entering any order correcting, reducing, or modifying any sentence, the
court shall afford notice and an opportunity for a hearing to the prosecuting
attorney. Any order modifying a sentence which is entered without notice and an
opportunity for a hearing as provided in this subsection shall be void.
(2)
If a person was convicted prior to July 1, 2006, of the offense of: (A) Sodomy
and such person and the victim meet the criteria of subsection (d) of Code
Section 16-6-2; (B) Child molestation and such person and the victim meet the
criteria of paragraph (2) of subsection (b) of Code Section 16-6-4; (C)
Aggravated child molestation and such person and the victim meet the criteria of
paragraph (2) of subsection (d) of Code Section 16-6-4; or (D) Enticing a child
for indecent purposes and such person and the victim meet the criteria of
subsection (c) of Code Section 16-6-5, at any date after which sentence was
imposed, the court imposing the sentence has the jurisdiction, power, and
authority to correct or reduce the sentence and to suspend or probate all or any
part of the sentence imposed. Prior to entering any order correcting, reducing,
or modifying any sentence, the court shall afford notice and an opportunity for
a hearing to the prosecuting attorney. Any order modifying a sentence which is
entered without notice and an opportunity for a hearing as provided in this
subsection shall be void.
(3)
This subsection shall not limit any other jurisdiction granted to the court in
this Code section or as provided for in subsection (g) of Code Section
42-8-34."
SECTION
2.
Said
article is further amended by