07 LC
29 2711
Senate
Bill 211
By:
Senators Fort of the 39th, Brown of the 26th, Reed of the 35th, Orrock of the
36th, Thomas of the 2nd and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
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 repeal certain provisions regarding sentencing of defendants guilty of
crimes involving bias or prejudice, circumstances, and parole; to provide for
sentencing of defendants guilty of crimes which target a victim due to the
victim´s race, religion, gender, national origin, or sexual orientation,
circumstances, and parole; to provide for enhanced sentences in any case in
which the trier of fact determines beyond a reasonable doubt that the defendant
intentionally selected any victim or any property as the object of the offense
because of the victim´s race, religion, gender, national origin, or sexual
orientation; to provide for applicability; to provide an effective date; to
repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
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
repealing in its entirety Code Section 17-10-17, relating to sentencing of
defendants guilty of crimes involving bias or prejudice, circumstances, and
parole.
SECTION
2.
Said
article is further amended by adding a new Code Section 17-10-17 to read as
follows:
"17-10-17.
(a)
Subject to the notice requirement provided in Code Section 17-10-18 and in
enhancement of the penalty imposed, if the trier of fact determines beyond a
reasonable doubt that the defendant intentionally selected any victim or any
property of the victim as the object of the offense because of the victim´s
race, religion, gender, national origin, or sexual orientation, the judge
imposing sentence shall:
(1)
If the offense for which the defendant was convicted is a misdemeanor, increase
the sentence and the fine normally imposed by the court through court policy or
voluntary sentencing guidelines by 50 percent up to the maximum authorized by
law;
(2)
If the offense for which the defendant was convicted is a misdemeanor of a high
and aggravated nature, increase the sentence and fine normally imposed by the
court through court policy or voluntary sentencing guidelines by 50 percent up
to the maximum authorized by law; or
(3)
If the offense for which the defendant was convicted is a felony, increase the
sentence normally imposed by the court through court policy or voluntary
sentencing guidelines by up to five years, not to exceed the maximum authorized
by law.
(b)
The judge shall state when the judge imposes the sentence the amount of the
increase of the sentence based on the application of subsection (a) of this Code
section.
(c)
Any person convicted of a felony and given an enhanced sentence under this Code
section shall not be eligible for any form of parole or early release until such
person has served at least 90 percent of the sentence imposed by the sentencing
court."
SECTION
3.
This
Act shall not apply to any offense committed before July 1, 2007.
SECTION
4.
This
Act shall become effective on July 1, 2007.
SECTION
5.
All
laws and parts of laws in conflict with this Act are repealed.