Bill Text: GA HB639 | 2011-2012 | Regular Session | Introduced

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Bill Title: Crime Victims' Bill of Rights; fail to notify victim of parole; provide consequences

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2011-04-14 - House Second Readers [HB639 Detail]

Download: Georgia-2011-HB639-Introduced.html

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11 LC 29 4770

House Bill 639

By: Representative Jones of the 44th

A BILL TO BE ENTITLED
AN ACT

To amend Chapter 17 of Title 17 and Article 2 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to the "Crime Victims' Bill of Rights" and grants of pardons, paroles, and other relief, respectively, so as to provide for consequences for the failure to notify a victim of proceedings involving the consideration of parole or clemency; to provide for a short title; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

This Act shall be known as and may be cited as "J.I.'s Law."

SECTION 2.

Chapter 17 of Title 17 of the Official Code of Georgia Annotated, relating to the "Crime Victims' Bill of Rights," is amended by revising Code Section 17-17-13, relating to notification to victim of impending parole or clemency proceedings, as follows:

"17-17-13.

The State Board of Pardons and Paroles shall give 20 days' advance notification to a victim whenever it considers making a final decision to grant parole or any other manner of executive clemency action to release a defendant for a period exceeding 60 days; and the board shall provide the victim with an opportunity to file a written objection to such action. If the State Board of Pardons and Paroles fails to provide notice to the victim as required by this Code section, it shall not make a final decision on a case, and any action taken on a case in violation of this Code section shall be null and void. No notification need be given unless the victim has expressed objection to release or has expressed a desire for such notification and has provided the State Board of Pardons and Paroles with a current address and telephone number. "

SECTION 3.

Article 2 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to the grants of pardons, paroles, and other relief, is amended by revising Code Section 42-9-46, relating to cases in which an inmate has failed to serve the time required for automatic initial consideration, as follows:

"42-9-46.

Notwithstanding any other provisions of law to the contrary, if the board is to consider any case in which an inmate has failed to serve the time required by law for automatic initial consideration, the board shall notify in writing, at least ten days prior to consideration, the sentencing judge, the district attorney of the county in which the person was sentenced, and any victim of crimes against the person or, if such victim is deceased, the spouse, children, or parents of the deceased victim if such person's name and address are provided on the impact statement pursuant to Code Section 17-10-1.1. The sentencing judge, district attorney, or victim or, if such victim is deceased, the spouse, children, or parents of the deceased victim may appear at a hearing held by the board or make a written statement to the board expressing their views and making their recommendation as to whether the person should be paroled. If the board fails to provide the notice to the victim as required by this Code section, it shall not take action on a case, and any action taken on a case in violation of this Code section shall be null and void."

SECTION 4.

All laws and parts of laws in conflict with this Act are repealed.