A person under sentence of death shall not be executed when it is determined under the provisions of this article that the person is mentally incompetent to be executed as defined in Code Section 17-10-60.
History. Code 1981, § 17-10-61 , enacted by Ga. L. 1988, p. 1003, § 2.
Law reviews.
For note, “Ford v. Wainwright: Eighth Amendment Prohibits Execution of the Insane,” see 38 Mercer L. Rev. 949 (1987).
Structure Georgia Code
Chapter 10 - Sentence and Punishment
Article 3 - Mentally Incompetent to Be Executed
§ 17-10-60. “Mentally Incompetent to Be Executed” Defined
§ 17-10-61. No Execution Upon Determination of Mental Incompetency to Be Executed
§ 17-10-62. Exclusive Procedure for Challenging Mental Competency to Be Executed
§ 17-10-63. Filing of Application; Contents
§ 17-10-64. Service of Application
§ 17-10-65. Answer by Respondent
§ 17-10-66. Examination of Applicant
§ 17-10-67. When Application to Be Filed
§ 17-10-68. Proof; Disposition
§ 17-10-69. Prior Adjudication as Presumption of Mental Competency
§ 17-10-71. Procedure Upon Convicted Person’s Regaining Mental Competency