The Governor signed SB 13, life without parole, into law at approximately 2:00 PM on Wednesday, April 29, 2009. As noted below, the Bill became effective upon approval of the Governor (See Section 10). A link to a copy of the "As passed" version of the Bill appears below.
The legislation revises O.C.G.A. §§ 16-5-1(d), 17-10-2, 17-10-6.1(c), and 17-10-31 and repeals O.C.G.A. §§ 17-10-30.1, 17-10-31.1 and 17-10-32.1. The net effect of the legislation is to eliminate the requirement that the State seek the death penalty in order for the defendant to be sentence to life without parole.
The Bill is effective 4/29/09 and applies to "all crimes committed on or after" 4/29/09. However, some defendants who committed crime prior to 4/29/09 may elect to be sentenced to life without parole if:
(1) The State consents; and
(2) Jeopardy for the offense has not attached; or
(3) The defendant was "sentenced to death but the conviction or sentence has been reversed on appeal and the state is not barred from seeking prosecution after the remand."
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