09 LC
21 0035
House
Bill 111
By:
Representatives Marin of the
96th,
Brooks of the
63rd,
Thomas of the
100th,
Williams of the
165th,
Taylor of the
55th,
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 certain defendants guilty of crimes which target a victim due to
the victim's race, religion, gender, gender identity, sexual orientation, or
national origin; 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 of the victim as the object of
the offense because of the victim's race, religion, gender, gender identity,
sexual orientation, or national origin; to provide for certain exceptions; 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 revising
Code Section 17-10-17, relating to sentencing of defendants guilty of crimes
involving bias or prejudice, circumstances, and parole, 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
bias or
prejudice
the victim's
race, religion, gender, gender identity, sexual orientation, or national
origin, 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;
provided,
however, that if the defendant was less than 18 years of age at the time of the
offense, the judge shall have the discretion to reduce the enhanced penalty
provided for in this
subsection.
(b)
The
judge
When the judge
imposes the sentence, he or she 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
2.
This
Act shall not apply to any offense committed before July 1, 2009.
SECTION
3.
This
Act shall become effective on July 1, 2009.
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.