The state House on Friday approved limited changes to Georgia’s mandatory minimum sentencing laws, widely considered to be among the toughest in the nation.
House Bill 349, sponsored by Judiciary Committee Chairman Rich Golick, R-Smyrna, allows for reduced sentences for some defendants charged with drug trafficking and other serious felonies. It provides “safety valves” for cases in which prosecutors and defense attorneys agree that a harsh mandatory minimum term is unwarranted; for example, a person who sat in the car while his friend committed an armed robbery of a store might be eligible for a break.
The bill, which has bipartisan support, has the support of Gov. Nathan Deal’s office. It passed the House 163-0.
HB 349 would let judges impose prison terms below the mandatory minimums in drug-trafficking cases if:
The defender was not a leader of the crime and did not use a weapon.
The criminal conduct did not result in death or serious injury.
The defendant had no prior felony conviction.
The legislation also would allow for reduced sentences for defendants who plead guilty to armed robbery, which carries a minimum 10-year sentence, and to kidnapping, rape, aggravated child molestation, aggravated sodomy and aggravated sexual battery, all of which call for minimum 25-year terms.
This can only occur when the prosecutor and defense attorney agree to the reduced sentence and the judge signs off on it.
The Special Council on Criminal Justice Reform, a group of judges, prosecutors and other state officials appointed by the governor, recommended the safety valve for mandatory minimums in a report released in December.
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