Georgia Code
Article 1 - Procedure for Sentencing and Imposition of Punishment
§ 17-10-16.1. Seeking Death Penalty Not Prerequisite to Life Without Parole Sentence

A person may be sentenced to life without parole without the prosecutor seeking the death penalty under the laws of this state.
History. Code 1981, § 17-10-16.1 , enacted by Ga. L. 2011, p. 752, § 17/HB 142.
Editor’s notes.
This Code section is reflective of uncodified provisions from Ga. L. 2009, p. 223, § 10.

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Structure Georgia Code

Georgia Code

Title 17 - Criminal Procedure

Chapter 10 - Sentence and Punishment

Article 1 - Procedure for Sentencing and Imposition of Punishment

§ 17-10-1. Fixing of Sentence; Suspension or Probation of Sentence; Change in Sentence; Eligibility for Parole; Prohibited Modifications; Exceptions

§ 17-10-1.1. Judicial Consideration of Victim Impact Statement; Form Document; Manner of Rebuttal; Effect of Noncompliance; No Creation of Cause of Action or Right of Appeal

§ 17-10-1.2. Oral Victim Impact Statement; Presentation of Evidence; Cross-Examination and Rebuttal by Defendant; Effect of Noncompliance; No Creation of Cause of Action or Right of Appeal

§ 17-10-1.3. Factoring Into Sentencing Determinations Citizenship Status of Convict

§ 17-10-1.4. Split Sentence

§ 17-10-2. Conduct of Presentence Hearings in Felony Cases; Effect of Reversal for Error in Presentence Hearing

§ 17-10-3. Punishment for Misdemeanors Generally

§ 17-10-3.1. Punishment for Violations of Code Section 40-6-391

§ 17-10-4. Punishment for Misdemeanors of a High and Aggravated Nature

§ 17-10-5. Imposition of Misdemeanor Punishment for Felonies Punishable by Imprisonment for Term of Ten Years or Less

§ 17-10-6.1. Punishment for Serious Violent Offenders; Authorization for Reduction in Mandatory Minimum Sentencing

§ 17-10-6.2. Punishment for Sexual Offenders

§ 17-10-6.3. Disposition of Cases Currently Under Review by Three-Judge Panel; Duties and Responsibilities of the President of the Council of Superior Court Judges of Georgia With Respect to Abolishing the Three-Judge Panel

§ 17-10-7. Punishment of Repeat Offenders; Punishment and Eligibility for Parole of Persons Convicted of Fourth Felony Offense

§ 17-10-8. Payment of Fine in Felony Case; Rebate or Refund of Fine Not Permitted Upon Revocation of Probation

§ 17-10-8.1. Fee for Legal Defense Services as Condition of Probation

§ 17-10-9. Specification by Judge Imposing Sentence of Time From Which Penal Sentence to Run; Effect of Appeal

§ 17-10-9.1. Voluntary Surrender to County Jail or Correctional Institution; Release of Defendant

§ 17-10-10. Concurrent Sentences

§ 17-10-11. Granting of Credit Generally; Exceptions; Use in Determining Parole Eligibility; Applicability of Code Section

§ 17-10-12. Affidavit Specifying Number of Days Spent in Confinement; Disposition of Affidavit; Granting of Credit to Defendant

§ 17-10-13. Legal Adjudication of Guilt in Court Having Jurisdiction to Precede Assessment of Punishment

§ 17-10-14. Committal of Person Under 17 Convicted of Felony

§ 17-10-15. Aids Transmitting Crimes; Requiring Defendant to Submit to Hiv Test; Report of Results

§ 17-10-16. Sentence to Imprisonment for Life Without Parole Authorized; Ineligibility for Parole or Leave Programs

§ 17-10-16.1. Seeking Death Penalty Not Prerequisite to Life Without Parole Sentence

§ 17-10-17. Sentencing of Defendants Guilty of Crimes Involving Bias or Prejudice; Identification of Increased Sentence

§ 17-10-18. Notification to Seek Enhanced Penalty

§ 17-10-19. Determination of Defendant’s Guilt; Object of the Offense; Enhancement of Sentence

§ 17-10-20. Collection of Fines and Restitution in Criminal Cases

§ 17-10-21. Vacating of Sentence for Trafficking Victim Defendants