05 LC 29
1877S
The
House Committee on Judiciary Non-civil offers the following substitute to SB
57:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating
to sentence and punishment, so as to provide for matters relating to the death
penalty; to provide that a person convicted of the offense of murder who is not
sentenced to death and who has previously been convicted of three or more
felonies shall be sentenced to life without parole; to protect physicians and
medical professionals involved in state ordered executions from challenges to
their licensure solely on the basis of their participation in such executions;
to provide for related matters; to provide effective dates and applicability; to
repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
10 of Title 17 of the Official Code of Georgia Annotated, relating to sentence
and punishment, is amended by striking subsection (c) of Code Section 17-10-7,
relating to punishment of repeat offenders, and inserting in lieu thereof new
subsections (c) and (c.1) to read as follows:
"(c)
Except as otherwise provided in subsection (b)
and
(c.1) of this Code section, any person
who, after having been convicted under the laws of this state for three felonies
or having been convicted under the laws of any other state or of the United
States of three crimes which if committed within this state would be felonies,
commits a felony within this state other than a capital felony must, upon
conviction for such fourth offense or for subsequent offenses, serve the maximum
time provided in the sentence of the judge based upon such conviction and shall
not be eligible for parole until the maximum sentence has been
served.
(c.1)
In addition to the provisions of paragraph (2) of subsection (b) of this Code
section and Code Section 17-10-30.1, a person convicted of the offense of
murder, who is not sentenced to death and who previously has been convicted
under the laws of this state of three or more felonies or under the laws of any
other state or of the United States of three crimes which if committed within
this state would be felonies, shall be sentenced to imprisonment for life
without parole without any requirement that the state seek the death penalty or
that statutory aggravating circumstances be found under Code Section
17-10-30."
SECTION
2.
Said
chapter is further amended by adding a new Code section following Code Section
17-10-42 to be designated Code Section 17-10-42.1 to read as
follows:
"17-10-42.1.
Participation
in any execution carried out under this article may not be the subject of any
licensure challenge, suspension, or revocation for any physician or medical
professional licensed in the State of
Georgia."
SECTION
3.
Section
1 of this Act shall become effective upon its approval by the Governor or upon
its becoming law without such approval and shall apply to all murders committed
on or after the effective date of this Act and Section 2 of this Act shall
become effective on July 1, 2005.
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.