HB 894: Georgia Second Look Act; enact

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.

• 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.

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.

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.

• 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.

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

• Scott Holcomb (D, HD-101)Patrocinador principal
• Shaw Blackmon (R, HD-146)

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