HB1154: HB1154 Criminal procedure; imposition of death penalty; include offense of trafficking of persons for labor and sexual servitude

26 LC 48 1667 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 to1 procedure for imposition of death penalty generally, so as to i nclude the offense of2 trafficking of persons for labor or sexual servitude; to provide for related matters; to provide3 for applicability; to repeal conflicting laws; and for other purposes.4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:5 SECTION 1.6 Code Section 17-10-30 of the Official Code of Georgia Annotated, relating to procedure for7 imposition of death penalty generally, is amended as follows:8 "17-10-30.9 (a) The death penalty may be imposed for the offenses of aircraft hijacking or treason in10 any case.11 (b) In all cases of other offenses for which the death penalty may be authorized, the judge12 shall consider, or he shall include in his instructions to the jury for it to consider, any13 mitigating circumstances or aggravating circumstances otherwise authorized by law and14 any of the following statutory aggravating circumstances which may be supported by the15 evidence:16 H. B. 1154 - 1 - 26 LC 48 1667 (1) The offense of murder, rape, armed robbery, trafficking of persons for labor or sexual17 servitude, or kidnapping was committed by a person with a prior record of conviction for18 a capital felony;19 (2) The offense of murder, rape, armed robbery, trafficking of persons for labor or sexual20 servitude, or kidnapping was committed while the offender was engaged in the21 commission of another capital felony or aggravated battery, or the offense of murder was22 committed while the offender was engaged in the commission of burglary in any degree23 or arson in the first degree;24 (3) The offender, by his the act of murder, armed robbery, or kidnapping, knowingly25 created a great risk of death to more than one person in a publ ic place by means of a26 weapon or device which would normally be hazardous to the lives of more than one27 person;28 (4) The offender committed the offense of murder for himself or another, for the purpose29 of receiving money or any other thing of monetary value;30 (5) The murder of a judicial officer, former judicial officer, district attorney, solicitor, 31 or solicitor-general, or former district attorney, solicitor, o r solicitor-general was32 committed during or because of the exercise of his or her official duties;33 (6) The offender caused or directed another to commit murder or committed murder as34 an agent or employee of another person;35 (7) The offense of murder, rape, armed robbery, trafficking of persons for labor or sexual36 servitude, or kidnapping was outrageously or wantonly vile, horrible, or inhuman in that37 it involved torture, depravity of mind, or an aggravated battery to the victim;38 (8) The offense of murder was committed against any peace offi cer, corrections39 employee, or firefighter while engaged in the performance of his or her official duties;40 (9) The offense of murder was committed by a person in, or who has escaped from, the41 lawful custody of a peace officer or place of lawful confinement;42 H. B. 1154 - 2 - 26 LC 48 1667 (10) The murder was committe d for the purpos e of avoiding, int erfering with, or43 preventing a lawful arrest or custody in a place of lawful conf inement, of himself or44 another;45 (11) The offense of murder, rape, trafficking of persons for labor or sexual servitude, or46 kidnapping was committed by a person previously convicted of rape, aggravated sodomy,47 aggravated child molestation, or aggravated sexual battery; or48 (12) The murder was committed during an act of domestic terrorism.49 (c) The statutory instructions as determined by the trial judg e to be warranted by the50 evidence shall be given in charge and in writing to the jury for its deliberation. The jury,51 if its verdict is a recommendation of death, shall designate in writing, signed by the52 foreman of the jury, the aggravating circumstance or circumstances which it found beyond53 a reasonable doubt. In nonjury cas es the judge shall make such designation. Except in54 cases of treason or aircraft hijacking, unless at least one of the statutory aggravating55 circumstances enumerated in subsection (b) of this Code section is so found, the death56 penalty shall not be imposed."57 SECTION 2.58 This Act shall be applicable to all offenses committed on or after July 1, 2026. It is the intent59 of the General Assembly that the provisions of this Act shall not affect any prosecutions for60 offenses committed prior to July 1, 2026, and such offenses may continue to be prosecuted61 under prior law. Prosecutions for any violation of law occurring prior to July 1, 2026, shall62 not be affected by the amendments made by this Act or abated by reason thereof.63 SECTION 3.64 All laws and parts of laws in conflict with this Act are repealed.65 H. B. 1154 - 3 -