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GA HB984

Bill

Status

Passed

7/29/2020

Primary Sponsor

James Burchett

Click for details

Origin

House of Representatives

2019-2020 Regular Session

AI Summary

  • Defendants must file a motion to correct, reduce, or modify a sentence within 1 year of sentencing or 120 days after appellate remittitur, but the court is not required to issue its order or hold a hearing within those same time periods
  • When a defendant is free on bond during an appeal and the conviction is affirmed, the prosecuting attorney must notify the defendant of sentence commencement within 90 days of the remittitur; failure to provide notice means the sentence is computed from the remittitur date
  • Convicted persons shall receive full credit for all pretrial confinement since the date of arrest and for posttrial confinement awaiting appellate remittitur or transfer to the Department of Corrections
  • Courts may exclude pretrial confinement credit when the sentence requires completion of a probation detention center program, allows work release participation, or involves a misdemeanor offense with confinement in a different jurisdiction than where the arrest occurred
  • Time-served credits must be applied toward the sentence and considered by the State Board of Pardons and Paroles in determining parole eligibility, for all crimes including violations, misdemeanors, and felonies

Legislative Description

Criminal procedure; sentencing; change provisions

Last Action

Effective Date

1/1/2021

Full Bill Text

No bill text available