Ask a question on the site
Questions
Lawyers
Blogs
Legislation
Contacts
Become a lawyer
Login Registration
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 - (A) “Developmental disability” shall have the same meaning as set...
§ 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 - History. Code 1981, § 17-10-1.1 , enacted by Ga. L....
§ 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 - History. Code 1981, § 17-10-1.2 , enacted by Ga. L....
§ 17-10-1.3. Factoring Into Sentencing Determinations Citizenship Status of Convict - History. Code 1981, § 17-10-1.3 , enacted by Ga. L....
§ 17-10-1.4. Split Sentence - History. Code 1981, § 17-10-1.4 , enacted by Ga. L....
§ 17-10-2. Conduct of Presentence Hearings in Felony Cases; Effect of Reversal for Error in Presentence Hearing - History. Code 1933, § 27-2503, enacted by Ga. L. 1974,...
§ 17-10-3. Punishment for Misdemeanors Generally - History. Orig. Code 1863, § 4209; Ga. L. 1865-66, p....
§ 17-10-3.1. Punishment for Violations of Code Section 40-6-391 - History. Code 1981, § 17-10-3.1 , enacted by Ga. L....
§ 17-10-4. Punishment for Misdemeanors of a High and Aggravated Nature - History. Code 1933, § 27-2506.1, enacted by Ga. L. 1970,...
§ 17-10-5. Imposition of Misdemeanor Punishment for Felonies Punishable by Imprisonment for Term of Ten Years or Less - When a defendant is found guilty of a felony punishable...
§ 17-10-6.1. Punishment for Serious Violent Offenders; Authorization for Reduction in Mandatory Minimum Sentencing - shall, unless sentenced to life imprisonment, be a split sentence...
§ 17-10-6.2. Punishment for Sexual Offenders - History. Code 1981, § 17-10-6.2 , enacted by Ga. L....
§ 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 - History. Code 1981, § 17-10-6.3 , enacted by Ga. L....
§ 17-10-7. Punishment of Repeat Offenders; Punishment and Eligibility for Parole of Persons Convicted of Fourth Felony Offense - (b.1) Subsections (a) and (c) of this Code section shall...
§ 17-10-8. Payment of Fine in Felony Case; Rebate or Refund of Fine Not Permitted Upon Revocation of Probation - History. Ga. L. 1957, p. 477, § 1; Ga. L....
§ 17-10-8.1. Fee for Legal Defense Services as Condition of Probation - In any case in which a defendant receives legal defense...
§ 17-10-9. Specification by Judge Imposing Sentence of Time From Which Penal Sentence to Run; Effect of Appeal - History. Ga. L. 1931, p. 165, § 1; Code 1933,...
§ 17-10-9.1. Voluntary Surrender to County Jail or Correctional Institution; Release of Defendant - (5.1) Home invasion in any degree; is sentenced to a...
§ 17-10-10. Concurrent Sentences - History. Laws 1833, Cobb’s 1851 Digest, p. 836; Code 1863,...
§ 17-10-11. Granting of Credit Generally; Exceptions; Use in Determining Parole Eligibility; Applicability of Code Section - History. Ga. L. 1970, p. 692, §§ 1, 2; Ga....
§ 17-10-12. Affidavit Specifying Number of Days Spent in Confinement; Disposition of Affidavit; Granting of Credit to Defendant - History. Ga. L. 1970, p. 692, §§ 3, 4; Ga....
§ 17-10-13. Legal Adjudication of Guilt in Court Having Jurisdiction to Precede Assessment of Punishment - The punishments prescribed by this Code shall be assessed only...
§ 17-10-14. Committal of Person Under 17 Convicted of Felony - History. Code 1981, § 17-10-14 , enacted by Ga. L....
§ 17-10-15. Aids Transmitting Crimes; Requiring Defendant to Submit to Hiv Test; Report of Results - History. Code 1981, § 17-10-15 , enacted by Ga. L....
§ 17-10-16. Sentence to Imprisonment for Life Without Parole Authorized; Ineligibility for Parole or Leave Programs - History. Code 1981, § 17-10-16 , enacted by Ga. L....
§ 17-10-16.1. Seeking Death Penalty Not Prerequisite to Life Without Parole Sentence - A person may be sentenced to life without parole without...
§ 17-10-17. Sentencing of Defendants Guilty of Crimes Involving Bias or Prejudice; Identification of Increased Sentence - History. Code 1981, § 17-10-17 , enacted by Ga. L....
§ 17-10-18. Notification to Seek Enhanced Penalty - At any time after the filing of an indictment or...
§ 17-10-19. Determination of Defendant’s Guilt; Object of the Offense; Enhancement of Sentence - History. Code 1981, § 17-10-19 , enacted by Ga. L....
§ 17-10-20. Collection of Fines and Restitution in Criminal Cases - History. Code 1981, § 17-10-20 , enacted by Ga. L....
§ 17-10-21. Vacating of Sentence for Trafficking Victim Defendants - History. Code 1981, § 17-10-21 , enacted by Ga. L....
Article 2 - Death Penalty Generally
§ 17-10-30. Procedure for Imposition of Death Penalty Generally - History. Code 1933, § 27-2534.1, enacted by Ga. L. 1973,...
§ 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... - History. Code 1933, § 26-3102, enacted by Ga. L. 1968,...
§ 17-10-32. Sentencing of Person Indicted for Capital Offense to Life Imprisonment or Other Punishment Upon Plea of Guilty - Any person who has been indicted for an offense punishable...
§ 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 - Upon a judgment of death made by a judge, it...
§ 17-10-34. Sentence to Specify Time Period for and Place of Execution; Appointing Time Period for Execution of Pregnant Female - When a person is sentenced to the punishment of death,...
§ 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 - History. Code 1933, § 27-2537, enacted by Ga. L. 1973,...
§ 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... - History. Code 1981, § 17-10-35.1 , enacted by Ga. L....
§ 17-10-35.2. Hearing to Determine Appropriateness of Interim Appellate Review of Pretrial Rulings - Prior to the filing of a report by the trial...
§ 17-10-36. Establishment of Unified Review Procedure by Supreme Court; Effect on Habeas Corpus - History. Code 1933, § 27-2538, enacted by Ga. L. 1980,...
§ 17-10-37. Appointment of Assistant to Supreme Court to Review Death Sentences; Employment of Staff to Compile Data - History. Code 1933, § 27-2537, enacted by Ga. L. 1973,...
§ 17-10-38. Death Sentences Generally - History. Ga. L. 1924, p. 195, § 1; Code 1933,...
§ 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 - After a sentence of death has been imposed, if a...
§ 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 - History. Ga. L. 1924, p. 195, § 7; Code 1933,...
§ 17-10-41. Persons Required to Be Present at Executions - There shall be present at the execution of a convicted...
§ 17-10-42. Preparation and Filing of Certification of Execution - The executioner and attending physicians shall certify the fact of...
§ 17-10-42.1. Participation of Medical Professionals in Executions - Participation in any execution of any convicted person carried out...
§ 17-10-43. Disposition of Body of Executed Person; Payment of Expenses of Transporting Body - The body of an executed person shall be delivered to...
§ 17-10-44. Apparatus, Machinery, and Appliances - The Department of Corrections shall provide a place for execution...
Article 3 - Mentally Incompetent to Be Executed
§ 17-10-60. “Mentally Incompetent to Be Executed” Defined - As used in this article, the term “mentally incompetent to...
§ 17-10-61. No Execution Upon Determination of Mental Incompetency to Be Executed - A person under sentence of death shall not be executed...
§ 17-10-62. Exclusive Procedure for Challenging Mental Competency to Be Executed - Notwithstanding any other provision of this Code, this article provides...
§ 17-10-63. Filing of Application; Contents - History. Code 1981, § 17-10-63 , enacted by Ga. L....
§ 17-10-64. Service of Application - Service of an application brought under this article shall be...
§ 17-10-65. Answer by Respondent - As soon as possible after the filing and docketing of...
§ 17-10-66. Examination of Applicant - History. Code 1981, § 17-10-66 , enacted by Ga. L....
§ 17-10-67. When Application to Be Filed - An application under this article shall not be filed until...
§ 17-10-68. Proof; Disposition - History. Code 1981, § 17-10-68 , enacted by Ga. L....
§ 17-10-69. Prior Adjudication as Presumption of Mental Competency - If an applicant is determined to have previously filed an...
§ 17-10-70. Appeals - History. Code 1981, § 17-10-70 , enacted by Ga. L....
§ 17-10-71. Procedure Upon Convicted Person’s Regaining Mental Competency - If a convicted person under sentence of death who is...