Georgia Code
Article 1 - Procedure for Sentencing and Imposition of Punishment
§ 17-10-16. Sentence to Imprisonment for Life Without Parole Authorized; Ineligibility for Parole or Leave Programs

History. Code 1981, § 17-10-16 , enacted by Ga. L. 1993, p. 1654, § 3.
Code Commission notes.
Pursuant to Code Section 28-9-5, in 1993, “May 1, 1993,” was substituted for “the effective date of this Code section” in subsection (a).
Editor’s notes.
Ga. L. 1993, p. 1654, § 7, effective May 1, 1993, provides: “Except as provided in this section, the provisions of this Act shall apply only to those offenses committed after the effective date of this Act. With express written consent of the state, a defendant whose offense was committed prior to the effective date of this Act may elect in writing to be sentenced under the provisions of this Act provided that: (1) jeopardy for the offense charged has not attached and the state has filed with the trial court notice of its intention to seek the death penalty or (2) the defendant has been sentenced to death but the conviction or sentence has been reversed on appeal and the state is not barred from seeking the death penalty after remand.”
Ga. L. 1993, p. 1654, § 8, effective May 1, 1993, provides: “Except as provided in Section 6 of this Act [Code Section 17-10-32.1], the amendment or repeal of a Code section by this Act shall not affect any sentence imposed by any court of this state prior to the effective date of this Act nor shall this Act be construed as repealing Code Sections 17-10-30, 17-10-31, or 17-10-32 of the Official Code of Georgia Annotated.”
Ga. L. 1993, p. 1654, § 9, effective May 1, 1993, provides: “No person shall be sentenced to life without parole unless such person could have received the death penalty under the laws of this state as such laws have been interpreted by the United States Supreme Court and the Supreme Court of Georgia.”
Law reviews.
For note on 1993 enactment of this Code section, see 10 Ga. St. U.L. Rev. 183 (1993).

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