House Bill 197

Chair's Name: David Ralston

Committee: Judiciary Non-Civil

House Sponsor: Barry Fleming

HB 197 repeals provisions that allowed a three-judge panel to review sentences for imprisonment for 12 or more years. Recently, the constitutionality of these review panels has been questioned by the Georgia Supreme Court. Also, the panel has overturned sentences which were the result of plea-bargaining. Under this bill, no new sentences will be reviewed by these panels after July 1, 2007 and applications to review existing sentences must be received by September 1, 2007. The bill then sets out a timeline to phase out the panels entirely.

The committee substitute received a Do Pass recommendation from the Judiciary Non-Civil Committee and comes to the House Floor under the Modified Structured Rule. 

Chairman Ralston�s opinion of this legislation:

WHAT PROBLEM/OPPORTUNITY DOES THIS LEGISLATION ADDRESS?

This legislation terminates the right of a defendant to have a sentence of 12 years or more reviewed by a three judge panel.

WHAT IS THE DRIVING FORCE BEHIND THIS LEGISLATION?

The reduction of court ordered sentences that have been negotiated by the District Attorney and defense counsel, accepted by the defendant and entered by a Superior Court Judge

THIS LEGISLATION:

• Reduces the Size of Government:

Eliminates the Sentence Review Panel in its entirety

• Reduces the Tax Burden on our Citizens:

By eliminating the costs associated with the Sentence Review Panel

Senate Changes:

The Senate added language originally contained in SB 97, which provides that all objections to jury charges in criminal cases must be made at trial. Representative Fleming will likely move to agree.