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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: 03/30/00 Signed by Governor

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/ 17-10-18/ 17-10-19

RECORDED VOTES
Vote # Date Yeas Nays Description
SV0565 2/01/00 032 019 MOTION TO ENGROSS
SV0624 2/09/00 030 023 PASSAGE
HV1621 2/14/00 083 078 Motion to Engross
HV1622 2/14/00 084 079 Motion to Engross Recon
HV1623 2/14/00 085 080 Motion to Engross
HV2082 3/16/00 083 082 TABLE
HV2083 3/16/00 092 072 TABLE Recon
HV2084 3/16/00 159 010 Walker 141 amend
HV2085 3/16/00 117 049 PASS
SV1107 3/20/00 032 018 AGREE TO HOUSE SUBSTITUTE

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 3/16/00
2/9/00 Passed/Adopted 3/16/00
Comm/Floor Amend/Sub CS/FA
3/20/00 Amend/Sub Agreed To
3/27/00 Sent To Governor
3/30/00 Signed by Governor
486 Act/Veto Number
7/1/00 Effective Date
Version by LC Number
LC 14 7418 As Introduced
LC 22 4063S H - Favorably Reported ( ) (Sub )
SB390/AP Sent To Governor
SB 390/HCSFA H - Passed/Adopted ( ) (CS/FA )

SB 390 00                                            SB390/AP 
 
      SENATE BILL 390 
 
      By:  Senators Fort of the 39th, Kemp of the 3rd, Smith 
           of the 25th, Scott of the 36th and others 
 
                        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 trier of 
  1- 5  fact determines beyond a reasonable doubt that the defendant 
  1- 6  intentionally selected any victim or any property as the 
  1- 7  object of the offense because of bias or prejudice; to 
  1- 8  provide procedures under which such enhanced sentences may 
  1- 9  be sought; to provide for other matters relative to the 
  1-10  foregoing; to provide an effective date and for 
  1-11  applicability; to repeal conflicting laws; and for other 
  1-12  purposes. 
 
  1-13       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1-14                           SECTION 1. 
 
  1-15  Article 1 of Chapter 10 of Title 17 of the Official Code of 
  1-16  Georgia Annotated, relating to procedure for sentencing and 
  1-17  imposition of punishment, is amended by adding following 
  1-18  Code Section 17-10-16  new Code Sections 17-10-17 through 
  1-19  17-10-19 to read as follows: 
 
  1-20    "17-10-17. 
 
  1-21    (a) Subject to the notice requirement provided in Code 
  1-22    Section 17-10-18 and in enhancement of the penalty 
  1-23    imposed, if the trier of fact determines beyond a 
  1-24    reasonable doubt that the defendant intentionally selected 
  1-25    any victim or any property of the victim as the object of 
  1-26    the offense because of bias or prejudice, the judge 
  1-27    imposing sentence shall: 
 
  1-28      (1) If the offense for which the defendant was convicted 
  1-29      is a misdemeanor, increase the sentence and the fine 
  1-30      normally imposed by the court through court policy or 
  1-31      voluntary sentencing guidelines by 50 percent up to the 
  1-32      maximum authorized by law; 
 
 
 
 
                                 -1- 
 
 
 
  2- 1      (2) If the offense for which the defendant was convicted 
  2- 2      is a misdemeanor of a high and aggravated nature, 
  2- 3      increase the sentence and fine normally imposed by the 
  2- 4      court through court policy or voluntary sentencing 
  2- 5      guidelines by 50 percent up to the maximum authorized by 
  2- 6      law; or 
 
  2- 7      (3) If the offense for which the defendant was convicted 
  2- 8      is a felony, increase the sentence normally imposed by 
  2- 9      the court through court policy or voluntary sentencing 
  2-10      guidelines by up to five years, not to exceed the 
  2-11      maximum authorized by law. 
 
  2-12    (b) The judge shall state when the judge imposes the 
  2-13    sentence the amount of the increase of the sentence based 
  2-14    on the application of subsection (a) of this Code section. 
 
  2-15    (c) Any person convicted of a felony and given an enhanced 
  2-16    sentence under this Act shall not be eligible for any form 
  2-17    of parole or early release until such person has served at 
  2-18    least 90% of the sentence imposed by the sentencing court. 
 
  2-19    17-10-18. 
 
  2-20    At any time after the filing of an indictment or 
  2-21    accusation but not later than the arraignment, the state 
  2-22    shall notify the defendant of its intention to seek the 
  2-23    enhanced penalty or penalties authorized by Code Section 
  2-24    17-10-17.  The notice shall be in writing and shall allege 
  2-25    the specific factor or factors authorizing an enhanced 
  2-26    sentence in the case pursuant to Code Section 17-10-17. 
 
  2-27    17-10-19. 
 
  2-28    (a) In a case where notice has been given pursuant to Code 
  2-29    Section 17-10-18, the trier of fact shall initially 
  2-30    determine the defendant's guilt on the charge or charges. 
  2-31    If the trier of fact finds the defendant guilty of such 
  2-32    charge or charges, the trial shall immediately be 
  2-33    recommenced to receive evidence as is relevant to 
  2-34    determine whether the defendant intentionally selected the 
  2-35    victim or the property of the victim as the object of the 
  2-36    offense as set forth in the notice given pursuant to Code 
  2-37    Section 17-10-18. 
 
  2-38    (b) If the trier of fact determines beyond a reasonable 
  2-39    doubt that the defendant so acted, the judge shall enhance 
  2-40    the sentence imposed in accordance with the provisions of 
  2-41    Code Section 17-10-17." 
 
 
 
                                 -2- 
 
 
 
  3- 1                           SECTION 2. 
 
  3- 2  This Act shall become effective on July 1, 2000, and shall 
  3- 3  apply to offenses committed on or after July 1, 2000. 
 
  3- 4                           SECTION 3. 
 
  3- 5  All laws and parts of laws in conflict with this Act are 
  3- 6  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                 -3- 

Secretary of the Senate
Frank Eldridge, Jr., Secretary
Last Updated on 05/15/00