House Bill 1154
By: Representatives Clark of the 100th, Smith of the 18th, Gullett of the 19th, Powell of the
33rd, McCollum of the 30th, and others
A BILL TO BE ENTITLED
AN ACT
To amend Code Section 17-10-30 of the Official Code of Georgia Annotated, relating to
procedure for imposition of death penalty generally, so as to include the offense of
trafficking of persons for labor or sexual servitude; to provide for related matters; to provide
for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 17-10-30 of the Official Code of Georgia Annotated, relating to procedure for
imposition of death penalty generally, is amended as follows:
"17-10-30.
(a) The death penalty may be imposed for the offenses of aircraft hijacking or treason in
any case.
(b) In all cases of other offenses for which the death penalty may be authorized, the judge
shall consider, or <del>he</del> shall include in <del>his</del> instructions to the jury for it to consider, any
mitigating circumstances or aggravating circumstances otherwise authorized by law and
any of the following statutory aggravating circumstances which may be supported by the
evidence:
(1) The offense of murder, rape, armed robbery, <ins>trafficking of persons for labor or sexual
servitude,</ins> or kidnapping was committed by a person with a prior record of conviction for
a capital felony;
(2) The offense of murder, rape, armed robbery, <ins>trafficking of persons for labor or sexual
servitude,</ins> or kidnapping was committed while the offender was engaged in the
commission of another capital felony or aggravated battery, or the offense of murder was
committed while the offender was engaged in the commission of burglary in any degree
or arson in the first degree;
(3) The offender, by <del>his</del> <ins>the</ins> act of murder, armed robbery, or kidnapping, knowingly
created a great risk of death to more than one person in a public place by means of a
weapon or device which would normally be hazardous to the lives of more than one
person;
(4) The offender committed the offense of murder for himself or another, for the purpose
of receiving money or any other thing of monetary value;
(5) The murder of a judicial officer, former judicial officer, district attorney, <ins>solicitor,
</ins> or solicitor-general, or former district attorney, solicitor, or solicitor-general was
committed during or because of the exercise of his or her official duties;
(6) The offender caused or directed another to commit murder or committed murder as
an agent or employee of another person;
(7) The offense of murder, rape, armed robbery, <ins>trafficking of persons for labor or sexual
servitude,</ins> or kidnapping was outrageously or wantonly vile, horrible, or inhuman in that
it involved torture, depravity of mind, or an aggravated battery to the victim;
(8) The offense of murder was committed against any peace officer, corrections
employee, or firefighter while engaged in the performance of his <ins>or her</ins> official duties;
(9) The offense of murder was committed by a person in, or who has escaped from, the
lawful custody of a peace officer or place of lawful confinement;
(10) The murder was committed for the purpose of avoiding, interfering with, or
preventing a lawful arrest or custody in a place of lawful confinement, of himself or
another;
(11) The offense of murder, rape, <ins>trafficking of persons for labor or sexual servitude,</ins> or
kidnapping was committed by a person previously convicted of rape, aggravated sodomy,
aggravated child molestation, or aggravated sexual battery; or
(12) The murder was committed during an act of domestic terrorism.
(c) The statutory instructions as determined by the trial judge to be warranted by the
evidence shall be given in charge and in writing to the jury for its deliberation. The jury,
if its verdict is a recommendation of death, shall designate in writing, signed by the
foreman of the jury, the aggravating circumstance or circumstances which it found beyond
a reasonable doubt. In nonjury cases the judge shall make such designation. Except in
cases of treason or aircraft hijacking, unless at least one of the statutory aggravating
circumstances enumerated in subsection (b) of this Code section is so found, the death
penalty shall not be imposed."
SECTION 2.
This Act shall be applicable to all offenses committed on or after July 1, 2026. It is the intent
of the General Assembly that the provisions of this Act shall not affect any prosecutions for
offenses committed prior to July 1, 2026, and such offenses may continue to be prosecuted
under prior law. Prosecutions for any violation of law occurring prior to July 1, 2026, shall
not be affected by the amendments made by this Act or abated by reason thereof.
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.