A Summary of House Bill 902
Link to full bill

Purpose: To repeal § 17-10-17 and § 17-10-18.  

Effect: No increased sentences for those convicted of hate crimes

Rationale: The current statute encourages disparate treatment of persons accused of committing the same crimes; imposes enhanced penalties based on whether the crime was motivated by bias or prejudice. Calls for increased punishment of these offenders is unnecessary and unconstitutional based on Botts v. State 278 Ga. 538 (2004), which declared the code section unconstitutionally vague, violative of state and federal due process and explained that it “impermissibly delegates basic policy matters to policemen, judges, and juries for resolution on an ad hoc and subjective basis, with the attendant dangers of arbitrary and discriminatory applications.”

To repeal:

§ 17-10-17. Enhanced sentence where defendant intentionally selected victim or property as object of offense because of bias or prejudice

“(a) Subject to the notice requirement provided in Code Section 17-10-18 and in enhancement of the penalty imposed, if the trier of fact determines beyond a reasonable doubt that the defendant intentionally selected any victim or any property of the victim as the object of the offense because of bias or prejudice, the judge imposing sentence shall:

(1) If the offense for which the defendant was convicted is a misdemeanor, increase the sentence and the fine normally imposed by the court through court policy or voluntary sentencing guidelines by 50 percent up to the maximum authorized by law;

(2) If the offense for which the defendant was convicted is a misdemeanor of a high and aggravated nature, increase the sentence and fine normally imposed by the court through court policy or voluntary sentencing guidelines by 50 percent up to the maximum authorized by law; or
(3) If the offense for which the defendant was convicted is a felony, increase the sentence normally imposed by the court through court policy or voluntary sentencing guidelines by up to five years, not to exceed the maximum authorized by law.

(b) The judge shall state when the judge imposes the sentence the amount of the increase of the sentence based on the application of subsection (a) of this Code section.

(c) Any person convicted of a felony and given an enhanced sentence under this Code section shall not be eligible for any form of parole or early release until such person has served at least 90 percent of the sentence imposed by the sentencing court.”

To repeal:

§ 17-10-18. Notice to defendant of intention to seek enhanced sentence

“At any time after the filing of an in determined by measuring from the outer boundary of the property of the location in which the sexually dangerous predator actually carries out or performs the functions of his or her job to the outer boundary of the area where minors congregate at their closest points”

At the indictment or accusation but not later than the arraignment, the state shall notify the defendant of its intention to seek the enhanced penalty or penalties authorized by Code Section 17-10-17. The notice shall be in writing and shall allege the specific factor or factors authorizing an enhanced sentence in the case pursuant to Code Section 17-10- 17.”