Bill > HB894

This bill introduces the Georgia Second Look Act, which allows individuals sentenced to life without parole to petition for sentence reduction after serving 20 years, with several important conditions and considerations. Specifically, the bill enables incarcerated individuals who have served at least 20 years and were not convicted of certain serious violent crimes to petition their sentencing court for a sentence reduction. The court must consider multiple factors when evaluating the petition, including the defendant's age at the time of the offense, brain development research, current age, health, rehabilitation efforts, nature of the original offense, and potential risk to public safety. The bill provides that defendants who are 55 or older have a rebuttable presumption of release and ensures that petitioners have the right to counsel if they cannot afford an attorney. Victims must be notified and can provide statements during the process, and the court must provide written reasons for granting or denying a petition. Importantly, defendants cannot file successive petitions within certain time frames—two to five years after a denied petition and at least five years after a granted petition. The bill aims to provide a mechanism for potentially excessive sentences to be reviewed and modified based on an individual's demonstrated rehabilitation and changed circumstances.

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https://www.legis.ga.gov/legislation/71938