Georgia Code
Article 1 - Procedure for Sentencing and Imposition of Punishment
§ 17-10-21. Vacating of Sentence for Trafficking Victim Defendants

History. Code 1981, § 17-10-21 , enacted by Ga. L. 2020, p. 90, § 2/SB 435; Ga. L. 2022, p. 601, § 1/SB 565.
Effective date. —
This Code section became effective June 29, 2020.
The 2022 amendment, effective May 9, 2022, rewrote subparagraph (a)(2)(B), which read: “Shall be submitted no earlier than six months following conviction and sentencing for a misdemeanor offense or no earlier than one year following completion of the sentence for a felony offense;”; substituted “When a petition” for “When the petition” in subsection (b); rewrote subsection (c), which read: “For any sentence vacated pursuant to this Code section, any fines and fees paid by the defendant under such sentence shall be returned to the defendant in the amount paid by the defendant.”; and, in subsection (d), substituted “a petition provided for under subsection (a) of this Code section” for “such petition” at the beginning and inserted “, petitioner, expert witness,” near the middle.
Editor’s notes.
Ga. L. 2020, p. 90, § 1/SB 435, not codified by the General Assembly, provides: “This Act shall be known and may be cited as ‘The Survivors First Act.’

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