07 HB
185/CSFA
House
Bill 185 (COMMITTEE SUBSTITUTE) (AM)
By:
Representatives Fleming of the
117th,
Talton of the
145th,
Everson of the
106th,
Bearden of the
68th,
Keen of the
179th,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 2 of Chapter 10 of Title 17 of the Official Code of Georgia
Annotated, relating to the death penalty generally, so as to provide that the
death penalty may be imposed where the jury finds at least one aggravating
circumstance but is unable to reach a unanimous verdict as to the sentence,
taking into account the vote of the jurors under certain circumstances; to
change provisions relating to the requirement of a jury finding of aggravating
circumstance and recommending the death penalty; to provide for an effective
date and applicability; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
2 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating
to the death penalty generally, is amended by revising Code Section 17-10-31,
relating to requirement of a jury finding of aggravating circumstance and
recommendation of death penalty, as follows:
"17-10-31.
Except
as provided in this Code section or Code Section 17-10-31.1,
where
Where,
upon a trial by jury, a person is convicted of an offense which may be
punishable by death, a sentence of death shall not be imposed unless the jury
verdict includes a finding of at least one statutory aggravating circumstance
and a recommendation that such sentence be imposed. Where a statutory
aggravating circumstance is found and a recommendation of death is made, the
court shall sentence the defendant to death. Where a sentence of death is not
recommended by the jury, the court shall sentence the defendant
to
imprisonment as provided
by
law
in Code
Section 17-10-31.1. Unless the jury trying
the case makes a finding of at least one statutory aggravating circumstance
and
recommends the death sentence in its
verdict, the court shall not sentence the defendant to death, provided that no
such finding of statutory aggravating circumstance shall be necessary in
offenses of treason or aircraft hijacking. This Code section shall not affect a
sentence when the case is tried without a jury or when the judge accepts a plea
of guilty."
SECTION
2.
Said
article is further amended by revising Code Section 17-10-31.1, relating to
requirement of a jury finding aggravating circumstances and recommendation of
sentence of death or life without parole, as follows:
"17-10-31.1.
(a)
Where, upon a trial by jury, a person is convicted of murder, a sentence of
death or life without parole shall not be imposed unless the jury verdict
includes a finding of at least one statutory aggravating circumstance
and a
recommendation that such sentence be
imposed.
(b)
Where a statutory aggravating circumstance is found and a recommendation of life
without parole is made, the
court
judge
shall sentence the defendant to imprisonment for life without parole as provided
in Code Section 17-10-16.
(c)
Where a
statutory
aggravating circumstance is found and the
jury has
been impaneled to determine
the
sentence
and the
jury has unanimously found the existence of at least one statutory aggravating
circumstance but is unable to reach a
unanimous verdict as to sentence, the judge shall dismiss the jury and shall
impose a sentence of
either
life
imprisonment,
or
imprisonment for life without
parole, or
death.
(d)
In imposing sentence,
if the jury
finds beyond a reasonable doubt that the defendant committed at least one
statutory aggravating circumstance, the
judge may sentence the defendant
to:
(1)
Imprisonment
imprisonment
for life without parole
only if the
court finds beyond a reasonable doubt that the defendant committed at least one
statutory aggravating circumstance and the trial
court
if the
judge has been informed by the jury
foreman
foreperson
that upon their last vote, a majority of the jurors cast their vote for a
sentence of death or for a sentence of life imprisonment without parole;
or
(2)
Death if the judge has been informed by the jury foreperson that upon their last
vote, at least ten of the jurors cast their vote for a sentence of
death;
provided,
however, that the
trial
judge may impose a sentence of life imprisonment
or
imprisonment for life without parole as
provided by law.
(d)(e)
Notwithstanding any other provision of law, during the sentencing phase before a
jury, counsel for the state and the accused may present argument and the
trial
judge may instruct the jury:
(1)
That 'life without parole' means that the defendant shall be incarcerated for
the remainder of his or her natural life and shall not be eligible for parole
unless such person is subsequently adjudicated to be innocent of the offense for
which he or she was sentenced; and
(2)
That 'life imprisonment' means that the defendant will be incarcerated for the
remainder of his or her natural life but will be eligible for parole during the
term of such sentence."
SECTION
3.
This
Act shall become effective on July 1, 2007, and shall apply to all offenses
which occur on or after July 1, 2007.
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.