05 LC 28
2012
Senate
Bill 57
By:
Senators Hamrick of the 30th, Cagle of the 49th, Hill of the 32nd, Smith of the
52nd,
Rogers of the 21st and others
Rogers of the 21st and others
AS
PASSED SENATE
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 17-10-7 of the Official Code of Georgia Annotated, relating
to punishment of repeat offenders, so as 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 provide for related matters; to provide an effective date; to repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 17-10-7 of the Official Code of Georgia Annotated, relating to
punishment of repeat offenders, is amended by striking subsection (c) 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.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.