ATLANTA – State Representative Kevin Levitas (D- Atlanta) will pre-file legislation this week to close a loophole in Georgia law that allows some career criminals convicted of murder and kidnapping to receive more lenient sentences than offenders convicted of other serious violent felonies.
Rep. Levitas said that his new legislation would fix a gap in state law that permits serial felons to escape punishment under the State’s general recidivist punishment statute. Rep. Levitas explained that Georgia’s law requiring career criminals to receive maximum, nonparolable sentences was never intended to treat more leniently career criminals convicted of murder or kidnapping with bodily injury. Under Georgia’s current recidivist punishment statute, the State can require a court to sentence an offender with three or more prior felony convictions to the maximum allowable punishment for a subsequent crime without the possibility of parole. Accordingly, a criminal with three prior felony convictions who commits an offense the maximum punishment for which is life can be compelled to serve a sentence of life without the possibility of parole. Levitas said the loophole that he seeks to close exempts murders and those convicted of kidnapping with bodily injury from being subject to the maximum punishment provisions of this law.
“The unfortunate inclusion of five words in current law has had the unintended effect of allowing many career criminals convicted of murder or kidnapping with bodily injury to be eligible for parole, while those committing one or more of Georgia’s other serious violent felonies are kept away from the public forever where they belong,” said Rep. Levitas.
Rep. Levitas noted that court decisions have ruled that recidivist punishment of offenders applies to five of Georgia’s seven serious violent felonies, but not to murder and kidnapping with bodily injury. Known as the “Seven Deadly Sins,” serious violent felonies include Aggravated Child Molestation, Aggravated Sexual Battery, Aggravated Sodomy, Armed Robbery, Kidnapping, Murder and Rape.
“Under current law, a serial felon who robs a convenience store could be forced to serve life without the possibility of parole, but a similar offender who commits murder would remain eligible for parole. My bill closes this loophole and reaffirms the legislature’s intent to protect the public from the worst of the worst in our society,” added Rep. Levitas.
Rep. Levitas’ bill will be assigned a number and then referred to a House committee when the General Assembly convenes in January.
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Representative Kevin Levitas represents the citizens of District 82, which includes portions of DeKalb County. He was elected into the House of Representatives in 2005, and currently serves on the Judiciary Non-Civil, Science and Technology, Transportation, and Agriculture and Consumer Affairs Committees.