Georgia Code
Article 4 - Granting Special Leaves, Emergency Leaves, and Limited Leave Privileges
§ 42-5-85. Leave Privileges of Inmates Serving Murder Sentences

History. Code 1981, § 42-5-85 , enacted by Ga. L. 1983, p. 1806, § 2; Ga. L. 1984, p. 22, § 42; Ga. L. 1996, p. 748, § 22; Ga. L. 2002, p. 660, § 4; Ga. L. 2002, p. 1259, § 11; Ga. L. 2012, p. 899, § 8-15/HB 1176; Ga. L. 2014, p. 444, § 2-11/HB 271.
The 2012 amendment, effective July 1, 2012, inserted “in any degree” in paragraph (a)(2). See editor’s note for applicability.
The 2014 amendment, effective July 1, 2014, substituted the present provisions of subsection (a) for the former provisions, which read: “As used in this Code section only, the term ‘aggravating circumstance’ means that:”; redesignated former paragraphs (a)(1) through (a)(10) as present subparagraphs (a)(1)(A) through (a)(1)(J), respectively; inserted “or her” in subparagraphs (a)(1)(C) and (a)(1)(H); inserted “, herself,” in subparagraphs (a)(1)(D) and (a)(1)(J); and added paragraph (a)(2).
Editor’s notes.
Ga. L. 1996, p. 748, § 27, not codified by the General Assembly, provides: “Notwithstanding any other provision of law, an Act approved February 11, 1854 (Ga. L. 1854, p. 281), which abolished the office of solicitor of the City Court of Savannah, now the State Court of Chatham County, and transferred responsibility for the prosecution of criminal cases in said court to the solicitor general (now the district attorney) for the Eastern Judicial Circuit is confirmed. It shall be the duty of said district attorney to prosecute all criminal actions in said state court until otherwise specifically provided by law.”
Ga. L. 1996, p. 748, § 28, not codified by the General Assembly, provides: “The provisions of this Act shall not affect the powers, duties, or responsibilities of the district attorney as successor to the office of solicitor general under the constitution, statutes, and common law of this state as provided by Code Section 15-18-1.”
Ga. L. 1996, p. 748, § 29, not codified by the General Assembly, provides: “Except as otherwise authorized in this Act, on and after July 1, 1996, any reference in general law or in any local Act to the solicitor of a state court shall mean and shall be deemed to mean the solicitor-general of such state court.”
Ga. L. 1996, p. 748, § 30, not codified by the General Assembly, provides: “The provisions of paragraph (3) of Code Section 15-18-62, relating to the qualifications for the office of solicitor-general of a state court, shall apply to any person elected or appointed to such office after July 1, 1996. Any person holding such office on July 1, 1996, may continue to hold such office for the remainder of the term to which such person was elected or appointed notwithstanding the fact that such person has not been a member of the State Bar of Georgia for three years if such person is otherwise qualified to hold the office of solicitor-general.”
Ga. L. 2012, p. 899, § 9-1(a)/HB 1176, not codified by the General Assembly, provides: “This Act shall become effective on July 1, 2012, and shall apply to offenses which occur on or after that date. Any offense occurring before July 1, 2012, shall be governed by the statute in effect at the time of such offense and shall be considered a prior conviction for the purpose of imposing a sentence that provides for a different penalty for a subsequent conviction for the same type of offense, of whatever degree or level, pursuant to this Act.”
Law reviews.
For article on the 2012 amendment of this Code section, see 29 Ga. St. U. L. Rev. 290 (2012).

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