07 LC 29
2594
Senate
Bill 37
By:
Senators Jones of the 10th, Weber of the 40th, Reed of the 35th, Brown of the
26th, Tate of the 38th and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 17-10-1 of the Official Code of Georgia Annotated, relating
to fixing and changing of sentence, suspension or probation of sentence,
eligibility for parole, and prohibited modifications and exceptions, so as to
allow a change of sentence under certain circumstances; to provide for an
effective date; to provide for related matters; to repeal conflicting laws; and
for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 17-10-1 of the Official Code of Georgia Annotated, relating to fixing
and changing of sentence, suspension or probation of sentence, eligibility for
parole, and prohibited modifications and exceptions, is amended by revising
subsection (f) as follows:
"(f)(1)
Except as provided in paragraph (2) of this subsection,
within
Within
one year of the date upon which the sentence is imposed, or within 120 days
after receipt by the sentencing court of the remittitur upon affirmance of the
judgment after direct appeal, whichever is later, the court imposing the
sentence has the jurisdiction, power, and authority to correct or reduce the
sentence and to suspend or probate all or any part of the sentence imposed.
Prior to entering any order correcting, reducing, or modifying any sentence, the
court shall afford notice and an opportunity for a hearing to the prosecuting
attorney. Any order modifying a sentence which is entered without notice and an
opportunity for a hearing as provided in this subsection shall be void.
(2)
If a person was convicted prior to July 1, 2006, of the offense of:
(A)
Sodomy and such person and the victim meet the criteria of subsection (d) of
Code Section 16-6-2;
(B)
Child molestation and such person and the victim meet the criteria of paragraph
(2) of subsection (b) of Code Section 16-6-4;
(C)
Aggravated child molestation and such person and the victim meet the criteria of
paragraph (2) of subsection (d) of Code Section 16-6-4; or
(D)
Enticing a child for indecent purposes and such person and the victim meet the
criteria of subsection (c) of Code Section 16-6-5,
at
any date after which sentence was imposed, the court imposing the sentence has
the jurisdiction, power, and authority to correct or reduce the sentence and to
suspend or probate all or any part of the sentence imposed. Prior to entering
any order correcting, reducing, or modifying any sentence, the court shall
afford notice and an opportunity for a hearing to the prosecuting attorney. Any
order modifying a sentence which is entered without notice and an opportunity
for a hearing as provided in this subsection shall be void.
(3)
This subsection shall not limit any other jurisdiction granted to the court in
this Code section or as provided for in subsection (g) of Code Section
42-8-34."
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.