05 AM 29
0359-EC
ADOPTED
Senators
Carter of the 13th and Smith of the 52nd offered the following
amendment:
Amend
the Senate Judiciary Committee substitute to HB 172 by striking lines 15 through
35 on page 2 and lines 1 through 24 of page 3 and inserting in lieu thereof the
following:
"victiḿs
family of his or her right
under
certain circumstances to submit a victim
impact
statement
form:
(A)
Where the charge is a felony, if the defendant allegedly caused physical,
psychological, or, if restitution is sought, economic injury to the victim;
or
(B)
Where the charge is a misdemeanor, if the defendant allegedly caused serious
physical injury or death to the
victim.
(2)
A victim impact statement submitted by a victim shall be attached to the case
file and may be used by the prosecuting attorney or the judge during any stage
of the proceedings against the defendant involving predisposition, plea
bargaining, sentencing, or determination of restitution.
(b)(1)
A victim impact
statement
form
shall:
(1)
Identify
identify
the victim of the offense and the
perpetrator;.
(2)
A victim
impact form may itemize
Itemize
any economic loss suffered by the victim as a result of the
offense;
and
may:
(3)(A)
Identify any physical injury suffered by the victim as a result of the offense
along with its seriousness and permanence;
(4)(B)
Describe any change in the
victiḿs
personal welfare or familial relationships as a result of the offense;
and
(5)
Identify any request for psychological services initiated by the victim or the
victiḿs
family as a result of the offense; and
(6)(C)
Contain any other information related to the impact of the offense upon the
victim that
the court requires
or the
victiḿs
family that the victim wishes to
include.
(c)
The State
Board of Pardons and Paroles
Prosecuting
Attorneyś
Council of Georgia shall establish
a form
document which shall include the elements set forth
in
forms which
are designed to obtain the information specified
by subsection (b) of this Code
section. The
Prosecuting
Attorneyś
Council of Georgia
and
shall make copies of such form available to prosecuting attorneys in the state.
When
requested by the victim, the victim impact statement form document shall be
provided to the victim by the prosecuting attorney. The form shall include the
address of the State Board of Pardons and Paroles and contain a statement that
the victim must maintain a copy of his address with the State Board of Pardons
and Paroles and must notify the board of any change of
address
It shall be
the duty of the prosecuting attorney or his or her designee to make such forms
available to crime victims.
(d)
The victim may complete
the
a
victim impact
statement
form and submit such form to the appropriate prosecuting attorney charged with
the prosecution of the case. If the victim is unable to do so because of such
victiḿs
mental, emotional, or physical incapacity, or because of such
victiḿs
age, the
victiḿs
attorney or a family member may complete the victim impact
statement
form on behalf of the victim.
The
prosecuting attorney shall file any such written victim impact statement, if in
existence at that time, with the court.
(e)(1)
If, prior to trial, the defendant engages in discussion with the prosecuting
attorney for the purpose of reaching a plea agreement or other pretrial
disposition of his or her case, the prosecuting attorney shall, upon the request
of the defendant,
The court
shall, in the manner prescribed by rule of
court, provide the defendant with a copy
of the victim impact
statement
form relating
to the
defendant́s
case within a reasonable time prior to
any hearing
at which it is to be considered and allow the defendant to have the opportunity
to rebut the
victiḿs
written statements
such
discussions.
(2)
If the prosecuting attorney intends to present information from a victim impact
form to the court at any hearing at which sentencing or a determination of
restitution will be considered by the court, the prosecuting attorney shall
furnish a copy of the victim impact form to the defendant not less than five
days prior to any such hearing. The defendant shall have the right to rebut the
information contained in the victim impact form.
(3)
The court shall consider the victim impact form that is presented to the court
prior to imposing a sentence or making a determination as to the amount of
restitution.".