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SB 390 - Anti-domestic Terrorism Act - provide
Fort, Vincent D (39th) Kemp, Rene' D (3rd) Smith, Faye (25th)
Status Summary SC: Judy HC: Judy FR: 02/01/00 LA: 03/06/00 H - Favorably Reported ( ) (Sub )

First Reader Summary

A bill to be entitled an Act 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 for enhanced sentences in any case in which the judge imposing the sentence determines beyond a reasonable doubt that the defendant intentionally selected any victim or any property as the object of the offense because of the actual or perceived race, color, religion, national origin, ancestry, ethnicity, gender, disability, or sexual orientation of the victim or any person associated with the victim, or with the property which is the object of the offense; to provide a short title; to provide procedures under which such enhanced sentences may be sought; to repeal conflicting laws; and for other purposes.

Page Numbers: 1 2 3
Code Sections - 17-10-17

Senate Action House
2/1/00 Read 1st time 2/10/00
2/3/00 Favorably Reported 3/6/00
Committee Amend/Sub Sub
2/4/00 Read 2nd Time 2/14/00
2/9/00 Read 3rd Time
2/9/00 Passed/Adopted
Version by LC Number
LC 14 7418 As Introduced

SB 390 00                                          LC 14 7418 
 
      SENATE BILL 390 
 
      By:  Senators Fort of the 39th, Kemp of the 3rd, 
           Smith of the 25th and Scott of the 36th 
 
                        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  for enhanced sentences in any case in which the judge 
  1- 5  imposing the sentence determines beyond a reasonable doubt 
  1- 6  that the defendant intentionally selected any victim or any 
  1- 7  property as the object of the offense because of the actual 
  1- 8  or perceived race, color, religion, national origin, 
  1- 9  ancestry, ethnicity, gender, disability, or sexual 
  1-10  orientation of the victim or any person associated with the 
  1-11  victim, or with the property which is the object of the 
  1-12  offense; to provide a short title; to provide procedures 
  1-13  under which such enhanced sentences may be sought; to 
  1-14  provide for severability; to provide for other matters 
  1-15  relative to the foregoing; to provide an effective date and 
  1-16  for applicability; to repeal conflicting laws; and for other 
  1-17  purposes. 
 
  1-18       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1-19                           SECTION 1. 
 
  1-20  This Act shall be known and may be cited as the 
  1-21  "Anti-domestic Terrorism Act." 
 
  1-22                           SECTION 2. 
 
  1-23  Article 1 of Chapter 10 of Title 17 of the Official Code of 
  1-24  Georgia Annotated, relating to procedure for sentencing and 
  1-25  imposition of punishment, is amended by adding following 
  1-26  Code Section 17-10-16 a new Code Section 17-10-17 to read as 
  1-27  follows: 
 
  1-28    "17-10-17. 
 
  1-29    (a) In addition to any other penalty imposed by law, if 
  1-30    the judge imposing the sentence determines beyond a 
  1-31    reasonable doubt that the defendant intentionally selected 
  1-32    any victim or any property as the object of the offense 
  1-33    because of the actual or perceived race, color, religion, 
 
 
 
                                 -1- 
 
 
 
  2- 1    national origin, ancestry, ethnicity, gender, disability, 
  2- 2    or sexual orientation of the victim or any person 
  2- 3    associated with the victim, or with the property which is 
  2- 4    the object of the offense, the judge may: 
 
  2- 5      (1) If the offense for which the defendant was convicted 
  2- 6      is a misdemeanor, be authorized to impose a fine not to 
  2- 7      exceed $5,000.00 for each such offense, which shall be 
  2- 8      in addition to the fine which is otherwise prescribed by 
  2- 9      law; or 
 
  2-10      (2) If the offense for which the defendant was convicted 
  2-11      is a misdemeanor of a high and aggravated nature, be 
  2-12      authorized to impose a fine not to exceed $10,000.00 for 
  2-13      each such offense, which shall be in addition to the 
  2-14      fine which is otherwise prescribed by law; or 
 
  2-15      (3) If the offense for which the defendant was convicted 
  2-16      is a felony, be authorized to sentence the defendant to 
  2-17      confinement for an additional period of not more than 
  2-18      five years, impose a fine not to exceed $15,000.00, or 
  2-19      both, for each such offense, which shall be in addition 
  2-20      to the punishment which is otherwise prescribed by law. 
 
  2-21    (b) At any time after the filing of an indictment or 
  2-22    accusation but not later than the arraignment, the state 
  2-23    shall notify the defendant of its intention to seek any 
  2-24    additional penalty or penalties authorized by this Code 
  2-25    section. 
 
  2-26    (c) After a plea of guilty is entered to the offense, or 
  2-27    after a judge or jury finds the defendant guilty of the 
  2-28    offense, then the judge shall conduct a hearing in 
  2-29    accordance with the provisions set forth in subsection (a) 
  2-30    of Code Section 17-10-2. 
 
  2-31    (d) If any one or more provisions, subsections, sentences, 
  2-32    clauses, phrases, or words of this Code section or the 
  2-33    application thereof to any person or circumstances is held 
  2-34    invalid, such invalidity shall not affect the provisions, 
  2-35    words, phrases, clauses, or applications of this Code 
  2-36    section which can be given effect without the invalid 
  2-37    provision, word, phrase, clause, or application and to 
  2-38    this end, the provisions, words, phrases, and clauses of 
  2-39    this Code section are declared to be severable." 
 
  2-40                           SECTION 3. 
 
  2-41  This Act shall become effective on July 1, 2000, and shall 
  2-42  apply to offenses committed on or after said date. 
 
 
                                 -2- 
 
 
 
  3- 1                           SECTION 4. 
 
  3- 2  All laws and parts of laws in conflict with this Act are 
  3- 3  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                 -3- 

Secretary of the Senate
Frank Eldridge, Jr., Secretary
Last Updated on 03/07/00