Douglas County District Attorney David McDade praised the work of this year’s Georgia General Assembly. “The focus of this year’s session was the protection of children and I believe that priority was accomplished,” stated McDade. “I applaud the efforts of Speaker Glenn Richardson, House Majority Leader Jerry Keen, Senator Bill Hamrick and all the other legislators who worked hard to pass the strongest child predator law in the Country.”
House Bill 1059 requires 25 years of mandatory minimum sentencing for aggravated sex offenses and aggravated child molestation followed by probation and monitoring for life. This legislation also increases the minimum time required to be served for a life sentence. Under the new law any sentence to life will have to serve at least 30 years before being eligible for parole.
“Increasing the time served for life sentences is a big step towards truth in sentencing,” stated McDade. “It is important to District Attorneys in this state to increase the prison time for those who commit murder or any other offense where a life sentence is imposed. Victims of crime deserve and expect the appropriate punishment for a life sentence.”
HB 1059 also includes lesser penalties in what has been called the “Romeo and Juliet” provisions. For those cases that involve teenagers involved in sexual activity between the ages of 13 to 18, misdemeanor punishment is authorized.
Another important change during this year’s session was a bill that will make it easier for law enforcement to gather evidence needed to prosecute drunk divers. In a recent Georgia Supreme Court decision that came out of Carrollton Georgia, the Court overturned a 28-year vehicular homicide conviction. In that case, the defendant, who tested positive for methamphetamine, ran a stop sign, hitting and killing an eight year old and his grandmother while she was driving him to school. The conviction was overturned because the court ruled that implied consent was the exclusive remedy of gathering evidence of intoxication and evidence gathered from a search warrant was not admissible.
Senator Bill Hamrick, and others responded with legislation to the Court’s interpretation of Georgia law. In the bill that passed, evidence gathered by means of voluntary consent or from a search warrant is always admissible in all cases where a person is suspected of driving under the influence of alcohol or drugs.
“This change in law was a priority for all district attorneys,” stated McDade. “In order to keep our roadways safe and to prevent senseless deaths on our highways, we must have every tool available to prove that a person has driven while under the influence. We must hold accountable those drivers who get behind the wheel of their car while under the influence of alcohol or drugs.”
McDade serves as the legislative chair of the Georgia District Attorneys Association. In this capacity, he monitors the actions of the General Assembly and assists legislators as they discuss bills that affect the criminal justice system.
“I am honored to represent Georgia’s district attorneys and prosecutors during the Georgia General Assembly. I never forget that just like in the courtroom, my job at the Capitol is to remind Senators and Representatives that we are there advocating for victims of crime. The changes in law that we ask for are not to make our job easier, but to provide a system for victims that offers the justice that they deserve,” McDade concluded.
