Georgia Code
Article 1 - Procedure for Sentencing and Imposition of Punishment
§ 17-10-2. Conduct of Presentence Hearings in Felony Cases; Effect of Reversal for Error in Presentence Hearing

History. Code 1933, § 27-2503, enacted by Ga. L. 1974, p. 352, § 7; Ga. L. 1990, p. 8, § 17; Ga. L. 1993, p. 1654, § 2; Ga. L. 2005, p. 20, § 11/HB 170; Ga. L. 2009, p. 223, § 2/SB 13.
Cross references.
General rules regarding order of argument after presentation of evidence, § 17-8-71 .
Editor’s notes.
Ga. L. 1993, p. 1654, § 7, not codified by the General Assembly, and 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, not codified by the General Assembly, and 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, not codified by the General Assembly, and 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.”
Ga. L. 2005, p. 20, § 1/HB170, not codified by the General Assembly, provides that: “This Act shall be known and may be cited as the ‘Criminal Justice Act of 2005.’ ”
Ga. L. 2005, p. 20, § 17/HB170, not codified by the General Assembly, provides that the 2005 amendment applies to all trials which commence on or after July 1, 2005.
Ga. L. 2009, p. 223, § 8/SB 13, not codified by the General Assembly, provides that: “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, an accused 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 or (2) the accused has been sentenced to death but the conviction or sentence has been reversed on appeal and the state is not barred from seeking prosecution after the remand.”
Ga. L. 2009, p. 223, § 9/SB 13, not codified by the General Assembly, provides that: “Except as provided in Section 8 of this Act, 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.”
Ga. L. 2009, p. 223, § 10/SB 13, not codified by the General Assembly, provides that: “A person may be sentenced to life without parole without the prosecutor seeking the death penalty under the laws of this state.” Ga. L. 2011, p. 752, § 17(3) codified these provisions at Code Section 17-10-16.1.
Ga. L. 2009, p. 223, § 11(a)/SB 13, not codified by the General Assembly, provides that the law as set forth in this Code section as it existed prior to April 29, 2009, shall apply to all offenses committed on and before April 29, 2009, and the amendments by this Act shall apply to all crimes committed on and after April 29, 2009.
Ga. L. 2009, p. 223, § 11(b)/SB 13, not codified by the General Assembly, provides that: “The provisions of this Act shall not affect or abate the status as a crime of any such act or omission which occurred prior to the effective date of the Act repealing, repealing and reenacting, or amending such law, nor shall the prosecution of such crime be abated as a result of such repeal, repeal and reenactment, or amendment.”
Law reviews.
For comment on Todd v. State, 228 Ga. 746 , 187 S.E.2d 831 (1972), see 24 Mercer L. Rev. 491 (1973).
For article, “Toward a Perspective on the Death Penalty Cases,” see 27 Emory L.J. 469 (1978).
For article on recidivism and convictions based on nolo contendere pleas, see 13 Ga. L. Rev. 723 (1979).
For article surveying judicial developments in Georgia Criminal Law, see 31 Mercer L. Rev. 59 (1979).
For survey of 1986 Eleventh Circuit cases on constitutional criminal procedure, see 38 Mercer L. Rev. 1141 (1987).
For note on 1993 amendment of this Code section, see 10 Ga. St. U.L. Rev. 183 (1993).
For note and comment, “Hope for the Best and Prepare for the Worst: The Capital Defender’s Guide to Reciprocal Discovery in the Sentencing Phase of Georgia Death Penalty Trials,” see 23 Ga. St. U.L. Rev. 995 (2007).