History. Ga. L. 1943, p. 185, § 20; Ga. L. 1953, Nov.-Dec. Sess., p. 210, § 1; Ga. L. 1975, p. 786, § 4; Ga. L. 1982, p. 3, § 42; Ga. L. 2011, p. 620, § 2/SB 214; Ga. L. 2013, p. 1056, § 2/HB 122; Ga. L. 2015, p. 207, § 7/HB 71; Ga. L. 2015, p. 422, § 5-89/HB 310; Ga. L. 2017, p. 585, § 2-15/SB 174.
The 2013 amendment, effective July 1, 2013, inserted “and the Sexual Offender Registration Review Board” near the end of subsection (b).
The 2015 amendments.
The first 2015 amendment, effective July 1, 2015, rewrote subsection (b). The second 2015 amendment, effective July 1, 2015, rewrote subsection (b). See Editor’s notes for applicability. See Code Commission notes regarding the effect of these amendments.
The 2017 amendment, effective July 1, 2017, inserted “conditional releases,” in subsection (a); in paragraph (b)(1), substituted “reports, files, records, and information” for “records, papers, and documents” near the middle, and substituted a colon for “to” at the end; added the subparagraph (b)(1)(A) designation; in subparagraph (b)(1)(A), added “To” at the beginning and substituted “; and” for a period at the end; added subparagraph (b)(1)(B); inserted “, upon conviction,” near the end of the last sentence of subsection (c); and, in subsection (d), substituted “shall be exempt” for “are exempt” in the second and last sentences.
Cross references.
Management of records of state entities generally, § 50-18-90 et seq.
Code Commission notes.
Pursuant to Code Section 28-9-5, in 2015, the amendment of subsection (b) of this Code section by Ga. L. 2015, p. 207, § 7/HB 71, was treated as impliedly repealed and superseded by Ga. L. 2015, p. 422, § 5-89/HB 310, due to irreconcilable conflict.
Editor’s notes.
Ga. L. 2015, p. 422, § 6-1/HB 310, not codified by the General Assembly, provides that: “This Act shall become effective July 1, 2015, and shall apply to sentences entered on or after such date.”
Law reviews.
For annual survey of death penalty law, see 56 Mercer L. Rev. 197 (2004).
For article on the 2015 amendment of this Code section, see 32 Ga. St. U.L. Rev. 231 (2015).
For article on the 2017 amendment of this Code section, see 34 Ga. St. U. L. Rev. 115 (2017).
Structure Georgia Code
Chapter 9 - Pardons and Paroles
Article 2 - Grants of Pardons, Paroles, and Other Relief
§ 42-9-39. Restrictions on Relief for Person Serving a Second Life Sentence
§ 42-9-40. Parole Guidelines System
§ 42-9-42.1. Use of Hiv Test Results in Granting Relief From Sentence; Conditions
§ 42-9-43.1. Citizenship Status of Prisoner; Deportation
§ 42-9-45. General Rule-Making Power
§ 42-9-47. Notification of Decision to Parole Inmate
§ 42-9-48. Arrest of Parolee or Conditional Release Violator
§ 42-9-54. Effect of Pardons Upon Civil and Political Disabilities; Conditional Pardons Prohibited
§ 42-9-55. Cooperation by Jails or Correctional Institutions With Board
§ 42-9-56. Restriction on Governor’s Powers
§ 42-9-57. Effect of Chapter on Probation Power of Courts; Cooperation by Board With the Department
§ 42-9-58. Effect of Chapter on Other Laws Respecting Parole and Probation
§ 42-9-59. Effect of Chapter on Previously Granted Pardons, Paroles, and Probations
§ 42-9-61. Request for Report; Disclosure’s Impact on Confidentiality