LC 28 2608
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating
to sexual offenses, so as to change the definitions of rape and aggravated
sodomy; to provide for increased punishment for certain persons convicted of
rape or aggravated sodomy involving children 12 years of age or younger; 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 increased punishment for certain persons convicted of rape or
aggravated sodomy involving children 12 years of age or younger; to provide for
applicability; to provide for legislative intent; to provide for related
matters; to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual
offenses, is amended by striking Code Section 16-6-1, relating to rape, and
inserting in lieu thereof a new Code Section 16-6-1 to read as
follows:
"16-6-1.
(a)
A person commits the offense of rape when he has carnal knowledge
of:
(1)
A female forcibly and against her will; or
(2)
A female who is
less than
ten
12
years of age
or
younger.
Carnal
knowledge in rape occurs when there is any penetration of the female sex organ
by the male sex organ. The fact that the person allegedly raped is the wife of
the defendant shall not be a defense to a charge of rape.
The fact that
the defendant was unaware of or mistaken concerning the age of the person raped
shall not be a defense to such crime.
(b)
A person convicted of the offense of rape shall be punished by death, by
imprisonment for life without parole, by imprisonment for life, or by
imprisonment for not less than ten nor more than 20
years;
provided, however, that a person who is 18 years of age or older who is
convicted of the offense of rape of a person 12 years of age or younger shall be
punished by imprisonment for life without
parole. Any person convicted under this
Code section shall, in addition, be subject to the sentencing and punishment
provisions of Code Sections 17-10-6.1 and 17-10-7.
(c)
When evidence relating to an allegation of rape is collected in the course of a
medical examination of the person who is the victim of the alleged crime, the
law enforcement agency investigating the alleged crime shall be responsible for
the cost of the medical examination to the extent that expense is incurred for
the limited purpose of collecting
evidence."
SECTION
2.
Said
chapter is further amended by striking Code Section 16-6-2, relating to sodomy
and aggravated sodomy, and inserting in lieu thereof a new Code Section 16-6-2
to read as follows:
"16-6-2.
(a)
A person commits the offense of sodomy when he or she performs or submits to any
sexual act involving the sex organs of one person and the mouth or anus of
another. A person commits the offense of aggravated sodomy when he or she
commits sodomy with force and against the will of the other person or when he or
she commits sodomy with a person who is
less than
ten
12
years of age
or
younger. The fact that the person
allegedly sodomized is the spouse of a defendant shall not be a defense to a
charge of aggravated sodomy.
The fact that
the defendant was unaware of or mistaken concerning the age of the person
against whom the offense of aggravated sodomy was committed shall not be a
defense to such crime.
(b)
A person convicted of the offense of sodomy shall be punished by imprisonment
for not less than one nor more than 20 years. A person convicted of the offense
of aggravated sodomy shall be punished by imprisonment for life or by
imprisonment for not less than ten nor more than 30
years;
provided, however, that a person who is 18 years of age or older who is
convicted of the offense of aggravated sodomy of a person 12 years of age or
younger shall be punished by imprisonment for life without
parole. Any person convicted under this
Code section of the offense of aggravated sodomy shall, in addition, be subject
to the sentencing and punishment provisions of Code Sections 17-10-6.1 and
17-10-7.
(c)
When evidence relating to an allegation of aggravated sodomy is collected in the
course of a medical examination of the person who is the victim of the alleged
crime, the law enforcement agency investigating the alleged crime shall be
financially responsible for the cost of the medical examination to the extent
that expense is incurred for the limited purpose of collecting
evidence."
SECTION
3.
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
Code Section 17-10-6.1, relating to punishment for serious violent offenders,
and inserting in lieu thereof a new Code Section 17-10-6.1 to read as
follows:
"17-10-6.1.
(a)
As used in this Code section, the term 'serious violent felony'
means:
(1)
Murder or felony murder, as defined in Code Section 16-5-1;
(2)
Armed robbery, as defined in Code Section 16-8-41;
(3)
Kidnapping, as defined in Code Section 16-5-40;
(4)
Rape, as defined in Code Section 16-6-1;
(5)
Aggravated child molestation, as defined in Code Section 16-6-4;
(6)
Aggravated sodomy, as defined in Code Section 16-6-2; or
(7)
Aggravated sexual battery, as defined in Code Section 16-6-22.2.
(b)
Notwithstanding any other provisions of law to the contrary, any person
convicted of a serious violent felony as defined in paragraphs (2) through (7)
of subsection (a) of this Code section shall be sentenced to a mandatory minimum
term of imprisonment of ten years and no portion of the mandatory minimum
sentence imposed shall be suspended, stayed, probated, deferred, or withheld by
the sentencing court and shall not be reduced by any form of pardon, parole, or
commutation of sentence by the State Board of Pardons and
Paroles;
provided, however, that a person who is 18 years of age or older who is
convicted of a serious violent felony as defined in paragraphs (4) and (6) of
subsection (a) of this Code section where the victim of such offense was 12
years of age or younger shall be sentenced to imprisonment for life without
parole and no portion of such sentence shall be suspended, stayed, probated,
deferred, or withheld by the sentencing court and shall not be reduced by any
form of pardon, parole, or commutation of sentence by the State Board of Pardons
and Paroles. No person convicted of a
serious violent felony as defined in subsection (a) of this Code section shall
be sentenced as a first offender pursuant to Article 3 of Chapter 8 of Title 42,
relating to probation for first offenders, or any other provision of Georgia law
relating to the sentencing of first offenders. The State of Georgia shall have
the right to appeal any sentence which is imposed by the superior court which
does not conform to the provisions of this subsection in the same manner as is
provided for other appeals by the state in accordance with Chapter 7 of Title 5,
relating to appeals or certiorari by the state.
(c)(1)
Except as otherwise provided in subsection (c) of Code Section 42-9-39, for a
first conviction of a serious violent felony in which the defendant has been
sentenced to life imprisonment, that person shall not be eligible for any form
of parole or early release administered by the State Board of Pardons and
Paroles until that person has served a minimum of 14 years in prison. The
minimum term of imprisonment shall not be reduced by any earned time, early
release, work release, leave, or other sentence-reducing measures under programs
administered by the Department of Corrections.
(2)
For a first conviction of a serious violent felony in which the defendant has
been sentenced to death but the sentence of death has been commuted to life
imprisonment, that person shall not be eligible for any form of parole or early
release administered by the State Board of Pardons and Paroles until that person
has served a minimum of 25 years in prison. The minimum term of imprisonment
shall not be reduced by any earned time, early release, work release, leave, or
other sentence-reducing measures under programs administered by the Department
of Corrections.
(3)
Any sentence imposed for the first conviction of any serious violent felony
other than a sentence of life imprisonment or life without parole or death shall
be served in its entirety as imposed by the sentencing court and shall not be
reduced by any form of parole or early release administered by the State Board
of Pardons and Paroles or by any earned time, early release, work release,
leave, or other sentence-reducing measures under programs administered by the
Department of Corrections, the effect of which would be to reduce the period of
incarceration ordered by the sentencing court.
(d)
For purposes of this Code section, a first conviction of any serious violent
felony means that the person has never been convicted of a serious violent
felony under the laws of this state or of an offense under the laws of any other
state or of the United States, which offense if committed in this state would be
a serious violent felony. Conviction of two or more crimes charged on separate
counts of one indictment or accusation, or in two or more indictments or
accusations consolidated for trial, shall be deemed to be only one
conviction."
SECTION
4.
This
Act shall be applicable to all offenses committed on or after the effective date
of this Act. It is the intent of the General Assembly that the provisions of
this Act shall not affect any prosecutions for offenses committed prior to the
effective date of this Act and such offenses may continue to be
prosecuted.
SECTION
5.
All
laws and parts of laws in conflict with this Act are repealed.