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HB 248 - Pardons and paroles; certain felonies; ineligibility

Campbell, Jr, Thomas R (42nd)	Pinholster, Garland (15th)	Ehrhart, Earl (36th)
Evans, Mike A (28th)	Mueller, Anne O'Quin (152nd)	Stancil, Steve (16th)

Status Summary	HC:	SI&P	SC:		FR:	01/27/99	LA:	01/28/99	H - Read 2nd Time

First Reader Summary

A BILL to amend Article 2 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to grants of pardons, paroles, and other relief, so as to provide that offenders convicted of certain felonies shall not be eligible for consideration for parole or other early release for a specified time period; and for other purposes.

Code Sections - 42-9-44.3

HB 248                                             LC 19 4004 
 
 
 
 
 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Article 2 of Chapter 9 of Title 42 of the Official 
  1- 2  Code of Georgia Annotated, relating to grants of pardons, 
  1- 3  paroles, and other relief, so as to provide that offenders 
  1- 4  convicted of certain felonies shall not be eligible for 
  1- 5  consideration for parole or other early release for a 
  1- 6  specified time period; to provide a definition; to repeal 
  1- 7  conflicting laws; and for other purposes. 
 
  1- 8       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1- 9                           SECTION 1. 
 
  1-10  Article 2 of Chapter 9 of Title 42 of the Official Code of 
  1-11  Georgia Annotated, relating to grants of pardons, paroles, 
  1-12  and other relief, is amended by adding immediately following 
  1-13  Code Section 42-9-44.2 a new Code Section 42-9-44.3 to read 
  1-14  as follows: 
 
  1-15    "42-9-44.3. 
 
  1-16    (a) As used in this Code section, the term 'serious 
  1-17    felony' means: 
 
  1-18      (1) Aggravated assault; 
 
  1-19      (2) Aggravated battery; 
 
  1-20      (3) Aggravated assault on a peace officer; 
 
  1-21      (4) Aggravated battery on a peace officer; 
 
  1-22      (5) Aggravated stalking; 
 
  1-23      (6) Attempted rape; 
 
  1-24      (7) Bus hijacking; 
 
  1-25      (8) Child molestation; 
 
  1-26      (9) Criminal attempt to murder; 
 
  1-27      (10) Cruelty to children; 
 
  1-28      (11) Feticide; 
 
 
 
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  2- 1      (12) Enticing a child for indecent purposes; 
 
  2- 2      (13) Hijacking a motor vehicle; 
 
  2- 3      (14) Incest; 
 
  2- 4      (15) Involuntary manslaughter; 
 
  2- 5      (16) Residential burglary; 
 
  2- 6      (17) Robbery; 
 
  2- 7      (18) Statutory rape; 
 
  2- 8      (19) Vehicular homicide while DUI or habitual violator; 
  2- 9      and 
 
  2-10      (20) Voluntary manslaughter, 
 
  2-11    as such crimes are defined in Title 16. 
 
  2-12    (b) Any offender convicted of a serious felony as defined 
  2-13    in subsection (a) of this Code section on or after January 
  2-14    1, 1999, shall serve the sentence in its entirety as 
  2-15    imposed by the sentencing court and shall not be eligible 
  2-16    for pardon, commutation, or parole or for any other form 
  2-17    of early release administered by the State Board of 
  2-18    Pardons and Paroles or for any earned time, early release, 
  2-19    work release, leave, or  other sentence-reducing measures 
  2-20    under programs administered by the Department of 
  2-21    Corrections, the effect of which would be to reduce the 
  2-22    period of incarceration ordered by the sentencing court; 
  2-23    provided, however, that such offender shall be eligible 
  2-24    for consideration for parole after the offender has served 
  2-25    90 percent of the sentence as imposed by the sentencing 
  2-26    court.  For the purposes of this Code section, the 
  2-27    cumulative total of any consecutive sentences shall be 
  2-28    treated as the sentence in determining parole eligibility. 
 
  2-29    (c) The provisions of this Code section shall not be 
  2-30    construed to repeal or modify any other restrictions on 
  2-31    the power of the board to grant relief. 
 
  2-32    (d) Notwithstanding any other provisions of this Code 
  2-33    section, the board shall retain the power to grant a 
  2-34    pardon to an offender otherwise subject to the provisions 
  2-35    of this Code section who is subsequently determined to be 
  2-36    innocent of said crime." 
 
  2-37                           SECTION 2. 
 
  2-38  All laws and parts of laws in conflict with this Act are 
  2-39  repealed. 
 
 
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