05 LC 21
8381
House
Bill 890
By:
Representatives Drenner of the
86th,
Brooks of the
63rd,
Orrock of the
58th,
Ashe of the
56th,
Gardner of the
57th,
and others
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 procedure for sentencing and imposition of punishment, so
as to provide for enhanced sentences in any case in which the trier of fact
determines beyond a reasonable doubt that the defendant intentionally selected
any victim or any property as the object of the offense because of the
victiḿs
race, religion, gender, national origin, or sexual orientation; to provide an
effective date and for applicability; 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 procedure for sentencing and imposition of punishment, is amended by striking
in its entirety Code Section 17-10-17, relating to sentencing of defendants
guilty of crimes involving bias or prejudice, circumstances, and parole, and
inserting in lieu thereof the following:
"17-10-17.
(a)
Subject to the notice requirement provided in Code Section 17-10-18 and in
enhancement of the penalty imposed, if the trier of fact determines beyond a
reasonable doubt that the defendant intentionally selected any victim or any
property of the victim as the object of the offense because of
bias or
prejudice
the
victiḿs
race, religion, gender, national origin, or sexual
orientation, the judge imposing sentence
shall:
(1)
If the offense for which the defendant was convicted is a misdemeanor, increase
the sentence and the fine normally imposed by the court through court policy or
voluntary sentencing guidelines by 50 percent up to the maximum authorized by
law;
(2)
If the offense for which the defendant was convicted is a misdemeanor of a high
and aggravated nature, increase the sentence and fine normally imposed by the
court through court policy or voluntary sentencing guidelines by 50 percent up
to the maximum authorized by law; or
(3)
If the offense for which the defendant was convicted is a felony, increase the
sentence normally imposed by the court through court policy or voluntary
sentencing guidelines by up to five years, not to exceed the maximum authorized
by law.
(b)
The judge shall state when the judge imposes the sentence the amount of the
increase of the sentence based on the application of subsection (a) of this Code
section.
(c)
Any person convicted of a felony and given an enhanced sentence under this Code
section shall not be eligible for any form of parole or early release until such
person has served at least 90 percent of the sentence imposed by the sentencing
court."
SECTION
2.
This Act shall become effective on July 1, 2005, and shall apply to offenses
committed on or after July 1, 2005.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.