Georgia CommonsHouse · Introduced · 2025-2026 Regular Session
HB 894: Georgia Second Look Act; enact
Last action April 4, 2025 · House Second Readers
House Bill 894, the Georgia Second Look Act, would let people serving life without parole ask the sentencing court to reduce their sentence after 20 years, with hearings, victim notice, and appeal rights.
The summaries below were written by an AI model (claude-sonnet-5) from the text of the bill and are not part of it. Quote the text, not the summary. The stored text is the Introduced version, the latest the General Assembly's website lists.
In plain language
Under current Georgia law, most people sentenced to life without parole have no formal path to ask a court to reconsider that sentence years later. HB894 would create one. It amends Georgia's sentencing law (O.C.G.A. § 17-10-1) and adds a new Code section, 17-10-1.5, letting an incarcerated person who was not convicted of murder or rape petition the sentencing court for a reduced sentence once they have served at least 20 years. The bill lays out a detailed process: the Department of Corrections must notify the person, the court, prosecutors, and defense counsel near the 20-year mark; petitions can be filed after six months' further notice; the original sentencing judge (or a successor) decides; and the court must weigh 13 listed factors, including the defendant's age, health, rehabilitation, and any evidence of innocence or ineffective counsel. People 55 or older get a rebuttable presumption favoring release. The bill guarantees a right to counsel, victim notice and input, and an appeal process for either side, and it bars waiving the right to petition.
What the bill does
- Creates a new process (O.C.G.A. § 17-10-1.5) letting people serving life without parole petition for a sentence reduction after serving 20 years, unless convicted of murder or rape.
- Requires the Department of Corrections to notify the incarcerated person, the sentencing court, prosecutors, and defense counsel within 30 days of the 20-year mark.
- Directs courts to weigh 13 specific factors, such as age, health, rehabilitation, and innocence claims, when deciding whether to reduce a sentence.
- Creates a rebuttable presumption of release for petitioners age 55 or older at the time they file.
- Guarantees free appointed counsel for petitioners who cannot afford a lawyer, and gives victims notice and a right to be heard at any hearing.
- Allows either the defendant or the prosecution to appeal the outcome of a resentencing decision on the same terms as a normal appeal.
Who it affects
People currently serving life without parole sentences in Georgia (except those convicted of murder or rape), the Department of Corrections, sentencing judges and prosecuting attorneys, the Georgia Public Defender Council, crime victims and their families, and defense attorneys handling these petitions.
Why it matters
For eligible incarcerated Georgians, this would open a formal path to seek release or a shorter sentence after two decades, something current law generally does not provide. Courts, prosecutors, and victims would face new notification and hearing duties tied to this process.
Key provisions
- Section 1 names the bill the 'Georgia Second Look Act.'
- Section 2 amends O.C.G.A. § 17-10-1 to carve out an exception for the new resentencing process under Section 17-10-1.5.
- Section 3 creates O.C.G.A. § 17-10-1.5, restricting eligibility to those not convicted of murder (16-5-1) or rape (16-6-1) who have served at least 20 years.
- Subsection (a) bars a second petition within two to five years after a denial, and within five years after a grant, unless the prosecutor consents to an earlier filing.
- Subsection (b) requires the Department of Corrections to notify all parties within 30 days after the 20-year mark begins.
- Subsection (g) lists 13 factors courts must consider, including brain development research, rehabilitation, victim statements, and evidence of innocence or ineffective counsel.
- Subsection (h) creates a rebuttable presumption of release for petitioners 55 or older.
- Subsection (l) allows either side to appeal a resentencing decision as of right, on the same terms as a first appeal from the original conviction.
From the bill
“an incarcerated individual who was not convicted of an offense violating Code Section 16-5-1 or 16-6-1 and who has served at least 20 years of his or her sentence may petition the sentencing court for a reduction of his or her sentence”
“In the case of a defendant who is 55 years of age or older on the date on which the defendant files a petition for a sentence reduction under this Code section, there shall be a rebuttable presumption that the defendant shall be released.”
“No waiver of the right to petition for a resentencing under this Code section shall be permitted or honored by the sentencing court.”
Discussed in meetings (2)
The House and Senate meetings that took this bill up, from their machine transcripts. Each account was written by Georgia Commons with AI and is not part of the record; the video is what was said.
House Judiciary Non-Civil Committee, February 25, 2026
From 2:31:42 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: The sponsor described a process allowing eligible people to petition the sentencing court for a reduced sentence after 20 years. The sponsor said murder, rape, sexual offenses against children and aggravated sodomy were excluded. Courts would consider age at the offense, health, prison conduct, rehabilitation and other circumstances. The sponsor argued that people change and that some lengthy sentences cannot otherwise be reconsidered. Members questioned a provision favoring release for petitioners age 55 or older unless contrary evidence justified continued imprisonment. Some suggested raising the age or deleting that provision; the sponsor was open to changes needed for passage. Members also asked about probation and supported-release arrangements. The sponsor supported allowing supervision but did not establish whether the draft already provided it. A Southern Center for Human Rights witness supported a clearer process, describing cases where prosecutors and judges agreed sentences were excessive but believed they lacked authority to change them. The Alcovy Circuit district attorney raised concerns about public safety, revisiting decades-old evidence, negotiated pleas, victims' expectations and release without supervision. One member responded that innocence and ineffective counsel were among several considerations and that people accept pleas for varied reasons. Other members sought stronger victim participation and reentry provisions. The chair requested further work with members before Monday. No vote occurred.
House Judiciary Non-Civil Committee, March 6, 2026
From 0:33:42 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: The sponsor said HB 894 would let judges reconsider certain sentences after 20 years, addressing people affected by earlier sentencing policies. The sponsor described a prisoner serving life without parole after an armed robbery involving an unloaded gun, contrasting that sentence with a co-defendant’s 10 years. The substitute removed a presumption favoring relief at age 55 and expressly allowed supervision after release. A Prosecuting Attorneys’ Council witness opposed the bill, citing additional kidnapping and aggravated-assault convictions in that case, mandatory repeat-offender sentencing, victims’ expectations of finality and possible conflict with the parole board’s constitutional powers. Asked about that conflict, the witness maintained the concern. A supporting witness who worked on resentencing cases disputed the constitutional objection and said victims could participate. That witness said the original prosecutor and victims supported reconsideration in the example case and described the prisoner’s rehabilitation. A Georgia Catholic Conference witness supported allowing an opportunity for redemption. The sponsor defended judicial authority and cited prison costs and incentives for good behavior. Members voted by voice and raised hands; a speaker said the measure had died, and the chair voted no. No numerical tally or explicit final ruling was announced.
Status timeline
- House Second Readers (House)
- House First Readers (House)
- House Hopper (House)
Sponsors
- Scott Holcomb (D, HD-101)
- Shaw Blackmon (R, HD-146)
Topics
- criminal sentencing
- life without parole
- parole and resentencing
- criminal justice reform
- victims' rights