Life-without-parole bill imperiled by addition

A move to allow a death sentence without a unanimous jury sidetracked legislation Tuesday that was the state district attorneys’ top priority this session.

The House was scheduled to vote for final passage of Senate Bill 13, which would allow DAs to seek a sentence of life without parole without having to seek the death penalty to get it.

But House Rules Committee Chairman Earl Ehrhart (R-Powder Springs) pulled the bill off the House floor just before the vote so it could be amended with nonunanimous jury legislation.

The amendment would allow a judge to impose a capital sentence if a jury deadlocked during the sentencing phase, with at least a 9-3 vote in favor of death.

Even though many DAs support the nonunanimous jury bill, they have said they do not want it amended to —- and thus imperil passage of —- their top priority, the life-without-parole bill.

SB 13, which already passed the Senate by a 54-0 vote, has widespread support because it would spare DAs from mounting costly capital prosecutions when the sentence they really want is life without parole.

Once a DA files a notice to seek death in a murder case, the sentencing options are life with parole, life without parole or death.

Sen. Preston Smith (R-Rome), SB 13’s lead sponsor, expressed disappointment Tuesday after learning of the maneuver by House Republicans. If the nonunanimous jury amendment is put on his bill, Smith said, it would kill both measures. He said he supports the death penalty but has yet to see a nonunanimous jury proposal that will withstand a constitutional challenge.

House Judiciary Non-Civil Committee Rich Golick (R-Smyrna) has said he planned hearings on the nonunanimous jury legislation this summer. On Tuesday afternoon, Golick said negotiations were ongoing over Smith’s legislation.