HB894: HB894 Georgia Second Look Act; enact

Under current Georgia law, someone sentenced to life without parole generally has no path to have that sentence reconsidered later, no matter how much time has passed or how they have changed. This bill creates a new process letting an incarcerated person who was not convicted of murder (O.C.G.A. § 16-5-1) or rape (O.C.G.A. § 16-6-1) petition the sentencing court for a reduced sentence once they have served at least 20 years. The Department of Corrections must notify the person, the court, prosecutors, and defense counsel shortly before the 20-year mark. The court holds a hearing, weighing factors like the person's age, health, rehabilitation record, and any evidence of ineffective counsel or innocence. People age 55 or older get a rebuttable presumption of release. Denied petitions can be refiled after a 2 to 5 year wait, and either side can appeal the court's decision.

• Creates a new petition process (O.C.G.A. § 17-10-1.5) letting incarcerated people who served at least 20 years of a life-without-parole sentence ask the original court to reduce it.
• Excludes people convicted of murder or rape from filing, unless the prosecuting attorney consents to make them eligible anyway.
• Requires the Department of Corrections to notify the incarcerated person, the court, prosecutors, and defense counsel within 30 days of the start of the person's 20th year in prison.
• Guarantees a right to court-appointed counsel for the petition and any appeal if the person cannot afford a lawyer.
• Sets a rebuttable presumption of release for petitioners age 55 or older at the time of filing.
• Requires notice to crime victims and lets them attend the hearing and give a statement, while barring the court from disturbing any restitution order.

People currently serving life-without-parole sentences in Georgia prisons (except those convicted of murder or rape, unless a prosecutor agrees otherwise), the Department of Corrections, sentencing courts, prosecuting attorneys, the Georgia Public Defender Council, and crime victims and their families.

For eligible long-serving prisoners, this creates a real chance at reduced sentences and possible release after 20 years, based on factors like age, health, and rehabilitation. Courts, prosecutors, and corrections staff would take on new notice, hearing, and review duties, and victims would gain a formal role in these proceedings.

• Section 2 revises O.C.G.A. § 17-10-1 to note that the new sentence-reduction process in Section 3 is an exception to standard sentencing rules for life imprisonment, life without parole, or death penalty cases.
• Section 3 adds O.C.G.A. § 17-10-1.5, letting eligible incarcerated people petition for a sentence reduction after 20 years, with denied petitions barred from refiling for 2 to 5 years and granted petitions barred from a second reduction for 5 years.
• Subsection (b) requires the Department of Corrections to give written notice of this right within 30 days after the 20th year of imprisonment begins.
• Subsection (f) entitles the defendant to a recorded hearing where evidence, including live testimony, may be presented and considered at the court's discretion.
• Subsection (g) lists 13 factors courts must weigh, including the defendant's age at the offense, health, rehabilitation, disciplinary record, and any evidence of innocence or ineffective counsel.
• Subsection (h) creates a rebuttable presumption of release for petitioners who are 55 or older when they file.
• Subsection (j) guarantees free court-appointed counsel for petitioners who cannot afford a lawyer, covering the petition and any appeal.
• Subsection (l) allows either the defendant or the prosecution to appeal the resentencing decision on the same terms as a first appeal from an original conviction.

1. 2025-04-04House Second Readers (House)
2. 2025-04-02House First Readers (House)
3. 2025-03-31House Hopper (House)

• Scott Holcomb (D, HD-101)Primary sponsor
• Shaw Blackmon (R, HD-146)

• criminal sentencing
• life without parole
• prison reform
• parole and resentencing
• victims' rights