08 LC 38
0537
Senate
Bill 432
By:
Senators Hamrick of the 30th and Cowsert of the 46th
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 the procedure for sentencing and imposition of
punishment, so as to allow the family of a victim to provide certain statements
during the sentencing procedures for the person who committed the crime; to
amend Article 2 of Chapter 9 of Title 42 of the Official Code of Georgia
Annotated, relating to grants of pardons, paroles, and other relief, so as to
allow the victim of a crime or the family of the victim of a crime to provide
certain testimony during the pardons and paroles process; to provide that the
victim of a crime or the family of a victim of a crime is entitled to certain
notifications; to provide for certain disclosures to an inmate regarding
confidential evidence; to provide for related matters; 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 the procedure for sentencing and imposition of punishment, is amended by
revising subsection (a) of Code Section 17-10-1.2, relating to an oral victim
impact statement, as follows:
"(a)(1)
In all cases in which the death penalty may be imposed, subsequent to an
adjudication of guilt and in conjunction with the procedures in Code Section
17-10-30, the court
may
shall
allow evidence from the family of the victim, or such other witness having
personal knowledge of the victim´s personal characteristics and the
emotional impact of the crime on the victim, the victim´s family, or the
community. Such evidence shall be given in the presence of the defendant and of
the jury and shall be subject to cross-examination. The admissibility of such
evidence shall be in the sole discretion of the judge and in any event shall be
permitted only in such a manner and to such a degree as not to inflame or unduly
prejudice the jury.
(2)
In all cases other than those in which the death penalty may be imposed, prior
to fixing of the sentence as provided for in Code Section 17-10-1 or the
imposing of life imprisonment as mandated by law, and before rendering the
appropriate sentence, including any order of restitution, the
court,
within its discretion,
may
shall
allow evidence from the victim, the family of the victim, or such other witness
having personal knowledge of the impact of the crime on the victim, the family
of the victim, or community. Such evidence shall be given in the presence of the
defendant and shall be subject to cross-examination.
(3)
Evidence presented pursuant to this subsection may be in the form of, but not
limited to, a written statement, an audiotaped or videotaped statement, or a
statement made via speakerphone with an attorney´s verification of the
speaker´s identity. Photographs of the victim may be included with any
other evidence presented pursuant to this subsection. Where evidence is
presented pursuant to this subsection the authenticating witness shall be
subject to cross
examination."
SECTION
2.
Article
2 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating
to grants of pardons, paroles, and other relief, is amended by revising Code
Section 42-9-43, relating to information to be considered by the board, conduct
of investigation and examination, and determination as to grant of relief, as
follows:
"42-9-43.
(a)
The board, in considering any case within its power, shall cause to be brought
before it all pertinent information on the person in question. Included therein
shall be:
(1)
A report by the superintendent, warden, or jailer of the jail or state or county
correctional institution in which the person has been confined upon the conduct
of record of the person while in such jail or state or county correctional
institution;
(2)
The results of such physical and mental examinations as may have been made of
the person;
(3)
The extent to which the person appears to have responded to the efforts made to
improve his or
her social attitude;
(4)
The industrial record of the person while confined, the nature of his
or
her occupations while so confined, and a
recommendation as to the kind of work
he
the
person is best fitted to perform and at
which he or
she is most likely to succeed when and if
he
is released; and
(5)
The educational programs in which the person has participated and the level of
education which the person has attained based on standardized reading
tests.
In
addition, the victim or the victim´s family shall have the right to present
written, oral, audiotaped, or videotaped testimony of the crime victim, the
family of the crime victim, or a witness having personal knowledge of the
victim´s personal characteristics. All evidence submitted pursuant to this
paragraph not classified as confidential pursuant to the board´s rules and
regulations shall be disclosed to the inmate. The inmate shall be permitted to
rebut the evidence and present evidence on his or her own
behalf. The board may also make such
other investigation as it may deem necessary in order to be fully informed about
the person.
(b)
Before releasing any person on parole, the board may have the person appear
before it and may personally examine him
or
her. Thereafter, upon consideration, the
board shall make its findings and determine whether or not the person shall be
granted a pardon, parole, or other relief within the power of the board; and the
board shall determine the terms and conditions thereof. Notice of the
determination shall be given to the person and to the correctional official
having
him
such
person in custody.
(c)
If a person is granted a pardon or a parole, the correctional officials having
the person in custody, upon notification thereof, shall inform him
or
her of the terms and conditions thereof
and shall, in strict accordance therewith, release the person.
(d)
The board shall send written notification of the parole hearing to the victim
or, or when the victim is no longer living, to the family of the
victim."
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.