09 LC 38
0791
Senate
Bill 174
By:
Senators Hamrick of the 30th and Murphy of the 27th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia
Annotated, relating to the procedure for sentencing and imposition of
punishment, so as to allow the family of a victim to provide certain statements
during the sentencing procedures of the person who committed the crime; to
provide for related matters; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating
to the procedure for sentencing and imposition of punishment, is amended by
revising subsection (a) of Code Section 17-10-1.2, relating to an oral victim
impact statement, as follows:
"(a)(1)
In all cases in which the death penalty may be imposed, subsequent to an
adjudication of guilt and in conjunction with the procedures in Code Section
17-10-30, the court
may
shall
allow evidence from the family of the
victim,
or such other witness having personal knowledge of the victim's personal
characteristics and the emotional impact of the crime on the victim, the
victim's family, or the community. Such evidence shall be given in the presence
of the defendant and of the jury and shall be subject to cross-examination. The
admissibility of such evidence shall be in the sole discretion of the judge and
in any event shall be permitted only in such a manner and to such a degree as
not to inflame or unduly prejudice the jury.
(2)
In all cases other than those in which the death penalty may be imposed, prior
to fixing of the sentence as provided for in Code Section 17-10-1 or the
imposing of life imprisonment as mandated by law, and before rendering the
appropriate sentence, including any order of restitution, the
court,
within its discretion,
may
shall
allow evidence from the victim, the family of the victim, or such other witness
having personal knowledge of the impact of the crime on the victim, the family
of the victim, or
the
community. Such evidence shall be given in the presence of the defendant and
shall be subject to cross-examination.
(3)
Evidence presented pursuant to this subsection may be in the form of, but not
limited to, a written statement, an audiotaped or videotaped statement, or a
statement made via speakerphone with an attorney's verification of the speaker's
identity. Photographs of the victim may be included with any other evidence
presented pursuant to this subsection. Where evidence is presented pursuant to
this subsection, the authenticating witness shall be subject to
cross-examination."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.