Georgia Code
Article 2 - Death Penalty Generally
§ 17-10-41. Persons Required to Be Present at Executions

There shall be present at the execution of a convicted person the superintendent of the state correctional institution or a deputy superintendent thereof, at least three executioners, two physicians to determine when death supervenes, and other correctional officers, assistants, technicians, and witnesses as determined by the commissioner of corrections. In addition, the convicted person may request the presence of his or her counsel, a member of the clergy, and a reasonable number of relatives and friends, provided that the total number of witnesses appearing at the request of the convicted person shall be determined by the commissioner of corrections.
History. Ga. L. 1924, p. 195, § 4; Code 1933, § 27-2515; Ga. L. 1956, p. 161, § 32; Ga. L. 1988, p. 252, § 1; Ga. L. 2000, p. 947, § 4.
Editor’s notes.
Ga. L. 2000, p. 947, § 1, not codified by the General Assembly, provides that: “It is the intention of the General Assembly to provide for execution by lethal injection for persons sentenced to death after conviction of capital crimes committed on or after May 1, 2000. It is the further intention of the General Assembly that persons sentenced to death for crimes committed prior to the effective date of this Act be executed by lethal injection if the Supreme Court of the United States declares that electrocution violates the Constitution of the United States or if the Supreme Court of Georgia declares that electrocution violates the Constitution of the United States or the Constitution of Georgia.”
Law reviews.
For comment, “Making the Murderer’s Voyeurs: The Influence of Violent Crime Exposure, Social Movements, and Desensitization on Georgia’s Treatment of the Death Penalty,” see 72 Mercer L. Rev. 883 (2021).

Structure Georgia Code

Georgia Code

Title 17 - Criminal Procedure

Chapter 10 - Sentence and Punishment

Article 2 - Death Penalty Generally

§ 17-10-30. Procedure for Imposition of Death Penalty Generally

§ 17-10-31. Requirement of Jury Finding of Aggravating Circumstance and Recommendation of Death Penalty Prior to Imposition; Arguments of Counsel During Sentencing Phase; Jury Instructions; Actions of Judge in Event of Failure to Reach Unanimous Verd...

§ 17-10-32. Sentencing of Person Indicted for Capital Offense to Life Imprisonment or Other Punishment Upon Plea of Guilty

§ 17-10-33. Imposition of Sentence of Death Upon Judgment of Death; to Whom Copies of Sentence Sent; Conveying Defendant to State Correctional Institution; Expenses of Transporting Defendant

§ 17-10-34. Sentence to Specify Time Period for and Place of Execution; Appointing Time Period for Execution of Pregnant Female

§ 17-10-35. Review of Death Sentences by Supreme Court; Forwarding of Record and Transcript; Scope of Review; Written Briefs and Oral Argument; Similar Cases to Be Included in Decision; Direct Appeal to Be Consolidated With Sentence Review

§ 17-10-35.1. Review of Pretrial Proceedings When Death Penalty Is Sought; Reports Investigating Reversible Error; Transmittal of Reports to Supreme Court; Orders Regarding Review; Attorney General Assistance; Res Judicata; Applicability; Waiver of R...

§ 17-10-35.2. Hearing to Determine Appropriateness of Interim Appellate Review of Pretrial Rulings

§ 17-10-36. Establishment of Unified Review Procedure by Supreme Court; Effect on Habeas Corpus

§ 17-10-37. Appointment of Assistant to Supreme Court to Review Death Sentences; Employment of Staff to Compile Data

§ 17-10-38. Death Sentences Generally

§ 17-10-39. Procedure for Determination if Female Sentenced to Death Is Pregnant; Suspension of Execution of Sentence; Issuance of New Order for Execution of Sentence; Entry of Order Upon Minutes of Court

§ 17-10-40. Change of Time Period for Execution When Time Period Set for Execution Has Passed; Recordation on Court Minutes; Length of and Time Limitation for New Time Period for Execution; Setting Day and Time for Execution

§ 17-10-41. Persons Required to Be Present at Executions

§ 17-10-42. Preparation and Filing of Certification of Execution

§ 17-10-42.1. Participation of Medical Professionals in Executions

§ 17-10-43. Disposition of Body of Executed Person; Payment of Expenses of Transporting Body

§ 17-10-44. Apparatus, Machinery, and Appliances