House Bill 185

Chair's Name: David Ralston

Committee: Judiciary Non Civil

House Sponsor: Barry Fleming 

In a capital murder trial where the jury has unanimously found beyond a reasonable doubt a statutory aggravating circumstance, yet does not unanimously agree on the death penalty, the judge will have the discretion to impose the death penalty, rather than be limited to imprisonment for life or imprisonment for life without parole.

This bill was designed to prevent a single member of the jury from stopping a death sentence in egregious cases. This has happened in several cases in Georgia, as well as around the nation. Several other states have similar laws giving judges discretion when the jury cannot agree and these statutes have withstood constitutional challenges. 

The Judiciary Committee Substitute allows the judge to decide in situations where at least 11 of the jurors cast their vote for a sentence of death.

Under the Modified Rule, Representatives Keen, Burkhalter, Ehrhart, and Fleming will be offering a floor amendment (AM 25 0987). This amendment allows the judge to decide if at least 10 jurors vote in favor of the death sentence. This change is prompted by the recent sentencing of Jessica Lunsford's killer when jurors voted 10-2 for death and Florida law allowed death to be imposed.