reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 10 - SENTENCE AND PUNISHMENT (§§ 17-10-1 — 17-10-71) › Article 1 - PROCEDURE FOR SENTENCING AND IMPOSITION OF PUNISHMENT (§§ 17-10-1 — 17-10-21) › Section 17-10-2 - Conduct of presentence hearings in felony cases; effect of reversal for error in presentence hearing

(a)
(1)
Except in cases in which the death penalty may be imposed, upon the return of a verdict of "guilty" by the jury in any felony case, the judge shall dismiss the jury and shall conduct a presentence hearing at which the only issue shall be the determination of punishment to be imposed. In the hearing the judge shall hear additional evidence in extenuation, mitigation, and aggravation of punishment, including the record of any prior criminal convictions and pleas of guilty or nolo contendere of the accused, or the absence of any prior conviction and pleas.
(2)
The judge shall also hear argument by the accused or the accused's counsel and the prosecuting attorney, as provided by law, regarding the punishment to be imposed. Except in cases where the death penalty may be imposed, the prosecuting attorney shall open and conclude the argument. In cases where the death penalty may be imposed, the prosecuting attorney shall open and the accused or the accused's counsel shall conclude the argument.
(3)
Upon the conclusion of the evidence and arguments, the judge shall impose the sentence or shall recess the trial for the purpose of taking the sentence to be imposed under advisement. The judge shall fix a sentence within the limits prescribed by law.
(b)
In cases in which the death penalty may be imposed, the judge, when sitting without a jury, in addition to the procedure set forth in subsection (a) of this Code section, shall follow the procedures provided for in Code Section
17-10-30
.
(c)
In all cases tried by a jury in which the death penalty may be imposed, upon a return of a verdict of "guilty" by the jury, the court shall resume the trial and conduct a presentence hearing before the jury. The hearing shall be conducted in the same manner as presentence hearings conducted before the judge as provided for in subsection (a) of this Code section. Upon the conclusion of the evidence and arguments, the judge shall give the jury appropriate instructions, and the jury shall retire to determine whether any mitigating or aggravating circumstances, as defined in Code Section
17-10-30
, exist and whether to recommend mercy for the accused. Upon the findings of the jury, the judge shall fix a sentence within the limits prescribed by law.
(d)
If the trial court is reversed on appeal because of error only in the presentence hearing, the new trial which may be ordered shall apply only to the issue of punishment.
Amended by 2009 Ga. Laws 62,§ 2, eff. 4/29/2009.
Amended by 2005 Ga. Laws 8,§ 11, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 10 - SENTENCE AND PUNISHMENT (§§ 17-10-1 — 17-10-71) › Article 1 - PROCEDURE FOR SENTENCING AND IMPOSITION OF PUNISHMENT (§§ 17-10-1 — 17-10-21) › Section 17-10-3.1 - Punishment for violations of Code Section 40-6-391

(a)
In any case where a person is sentenced to a period of imprisonment under Code Section
40-6-391
upon conviction for violating subsection (k) of said Code section, it is within the authority and discretion of the sentencing judge in cases involving the first such violation to allow the sentence to be served on weekends by weekend confinement or during the nonworking hours of the defendant. A weekend shall commence and shall end in the discretion of the sentencing judge, and the nonworking hours of the defendant shall be determined in the discretion of the sentencing judge; provided, however, that the judge shall retain plenary control of the defendant at all times during the sentence period. Confinement during the nonworking hours of a defendant during any day may be counted as serving a full day of the sentence.
(b)
Any confinement of a person pursuant to a sentence to a period of imprisonment under Code Section
40-6-391
upon conviction for violating subsection (k) of said Code section shall be served in a county jail, provided that for the first such violation such person shall be kept segregated from all offenders other than those confined for violating subsection (k) of Code Section
40-6-391
.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 10 - SENTENCE AND PUNISHMENT (§§ 17-10-1 — 17-10-71) › Article 1 - PROCEDURE FOR SENTENCING AND IMPOSITION OF PUNISHMENT (§§ 17-10-1 — 17-10-21) › Section 17-10-4 - Punishment for misdemeanors of a high and aggravated nature

(a)
A person who is convicted of a misdemeanor of a high and aggravated nature shall be punished by a fine not to exceed $5,000.00 or by confinement in the county or other jail, county correctional institution, or such other places as counties may provide for maintenance of county inmates, for a term not to exceed 12 months, or both; provided, however, that a person convicted of a misdemeanor of a high and aggravated nature which was committed by an inmate within the confines of a state correctional institution and sentenced to confinement as a result of such offense shall be sentenced to confinement under the jurisdiction of the Board of Corrections in a state correctional institution or such other institution as the Department of Corrections may direct for a term which shall not exceed 12 months. In all cases of a conviction of a misdemeanor of a high and aggravated nature, the sentencing court shall retain jurisdiction to amend, modify, alter, suspend, or probate sentences imposed under this Code section at any time; but in no instance shall a sentence imposed under this Code section be modified in such a manner as to increase the amount of fine or the term of confinement.
(b)
Notwithstanding any laws to the contrary, a person sentenced for a misdemeanor of a high and aggravated nature may earn no more than four days per month earned time allowance.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 10 - SENTENCE AND PUNISHMENT (§§ 17-10-1 — 17-10-71) › Article 1 - PROCEDURE FOR SENTENCING AND IMPOSITION OF PUNISHMENT (§§ 17-10-1 — 17-10-21) › Section 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 by imprisonment for a maximum term of ten years or less, the judge may, in his discretion, impose punishment as for a misdemeanor.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 10 - SENTENCE AND PUNISHMENT (§§ 17-10-1 — 17-10-71) › Article 1 - PROCEDURE FOR SENTENCING AND IMPOSITION OF PUNISHMENT (§§ 17-10-1 — 17-10-21) › Section 17-10-6 - [Repealed] Review of sentences of imprisonment for period exceeding 12 years by three-judge panel

Amended by 2007 Ga. Laws 327,§ 2, eff. 7/1/2007.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 10 - SENTENCE AND PUNISHMENT (§§ 17-10-1 — 17-10-71) › Article 1 - PROCEDURE FOR SENTENCING AND IMPOSITION OF PUNISHMENT (§§ 17-10-1 — 17-10-21) › Section 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

(a)
As used in this Code section, the term "three-judge panel" means the three-judge panel that was created and existed pursuant to the former provisions of Code Section
17-10-6
as it existed on June 30, 2007, which reviewed certain sentences to determine if a sentence was excessively harsh and what relief, if any, should be given.
(b)
The right of a defendant to have a sentence reviewed by a three-judge panel shall be terminated for sentences imposed by a trial or appellate court on or after July 1, 2007. No new application for review of a sentence shall be transmitted to the three-judge panel on or after July 1, 2007, except for cases in which a sentence was imposed prior to July 1, 2007.
(c)
No new application for review of a sentence shall be accepted by the three-judge panel unless such application has been received by the three-judge panel on or before September 1, 2007. Any sentence that has an application for review with the three-judge panel pending on September 1, 2007, shall have such review completed by the three-judge panel by November 1, 2008.
(d)
It shall be the duty of the president of The Council of Superior Court Judges of Georgia to cause all administrative measures which may be necessary to conclude the business of the three-judge panel to be completed no later than January 1, 2009. Such administrative, clerical, or secretarial personnel as may be assigned to provide support for the three-judge panel may continue to be employed for the purpose of providing support to the president of The Council of Superior Court Judges of Georgia until January 1, 2009.
(e)
No later than January 1, 2009, all records and documents relating to the activities of the three-judge panels during the period July 1, 1974, through November 1, 2008, shall be transmitted to the Division of Archives and History for retention in accordance with Article 5 of Chapter 18 of Title 50, the "Georgia Records Act." All equipment, supplies, and materials which the president of The Council of Superior Court Judges of Georgia determines are excess or surplus shall be distributed by the president to the judges of the superior courts for use in the performance of their official duties. Any fees or expenses due to any clerk, superior court judge, or other person as a result of the three-judge panel shall be paid out of such funds as are appropriated for the operation of the superior courts during fiscal year 2009.
Amended by 2013 Ga. Laws 184,§ 2-6, eff. 5/6/2013.
Added by 2007 Ga. Laws 327,§ 3, eff. 7/1/2007.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 10 - SENTENCE AND PUNISHMENT (§§ 17-10-1 — 17-10-71) › Article 1 - PROCEDURE FOR SENTENCING AND IMPOSITION OF PUNISHMENT (§§ 17-10-1 — 17-10-21) › Section 17-10-8 - Payment of fine in felony case; rebate or refund of fine not permitted upon revocation of probation

(a)
In a felony case, when a statutory fine amount is not set by law, upon conviction, the court may impose a fine not to exceed $100,000.00.
(b)
In any case when probation is revoked, the defendant shall not be entitled to any rebate or refund of any part of the fine paid.
Amended by 2018 Ga. Laws 416,§ 2-7, eff. 7/1/2018.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 10 - SENTENCE AND PUNISHMENT (§§ 17-10-1 — 17-10-71) › Article 1 - PROCEDURE FOR SENTENCING AND IMPOSITION OF PUNISHMENT (§§ 17-10-1 — 17-10-21) › Section 17-10-8.1 - Fee for legal defense services as condition of probation

In any case in which a defendant receives legal defense services pursuant to Chapter 12 of Title 17 where the defendant has not paid the application fee required by Code Section
15-21A-6
and the court has not waived such fee at the time of sentencing, the court shall impose such fee as a condition of probation.
Added by 2006 Ga. Laws 749,§ 2, eff. 5/3/2006.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 10 - SENTENCE AND PUNISHMENT (§§ 17-10-1 — 17-10-71) › Article 1 - PROCEDURE FOR SENTENCING AND IMPOSITION OF PUNISHMENT (§§ 17-10-1 — 17-10-21) › Section 17-10-9 - Specification by judge imposing sentence of time from which penal sentence to run; effect of appeal

(a)
In the imposition of sentence for violation of the penal laws, it shall be the duty of the judge to specify that the term of service under the sentence shall be computed from the date of sentence if the defendant is confined in jail or otherwise incarcerated and has no appeal or motion for new trial pending.
(b)
In cases which are appealed to the Georgia Court of Appeals or the Georgia Supreme Court for reversal of the conviction, the sentence shall be computed from the date the remittitur of the appellate court is made the judgment of the court in which the conviction is had, provided the defendant is not at liberty under bond but is incarcerated or in custody of the sheriff of the county where convicted. If the defendant was at liberty under bond during the pendency of the appeal, once the remittitur of the appellate court is made the judgment of the court in which the conviction is had, the prosecuting attorney shall have the burden of notifying the defendant of the commencement of the sentence within 90 days of such remittitur. When the prosecuting attorney fails to provide such notice, the sentence shall be computed from the date of such remittitur.
(c)
If a defendant has been convicted and sentenced but, because of his or her failure or inability to post bond or bail for any reason, he or she has been incarcerated pending the prosecution of an appeal to any court, the time of the original imposition of his or her sentence until the time when the remittitur of the appellate court is made the judgment of the court in which the conviction is had shall be counted as time spent under sentence for all purposes.
Amended by 2020 Ga. Laws 503,§ 2, eff. 1/1/2021.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 10 - SENTENCE AND PUNISHMENT (§§ 17-10-1 — 17-10-71) › Article 1 - PROCEDURE FOR SENTENCING AND IMPOSITION OF PUNISHMENT (§§ 17-10-1 — 17-10-21) › Section 17-10-10 - Concurrent sentences

(a)
Where at one term of court a person is convicted on more than one indictment or accusation, or on more than one count thereof, and sentenced to imprisonment, the sentences shall be served concurrently unless otherwise expressly provided therein.
(b)
Where a person is convicted on more than one indictment or accusation at separate terms of court, or in different courts, and sentenced to imprisonment, the sentences shall be served concurrently, one with the other, unless otherwise expressly provided therein.
(c)
This Code section shall apply alike to felony and misdemeanor offenses.
(d)
This Code section shall govern and shall be followed by the Department of Corrections in the computation of time that sentences shall run.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 10 - SENTENCE AND PUNISHMENT (§§ 17-10-1 — 17-10-71) › Article 1 - PROCEDURE FOR SENTENCING AND IMPOSITION OF PUNISHMENT (§§ 17-10-1 — 17-10-21) › Section 17-10-11 - Granting of credit generally; exceptions; use in determining parole eligibility; applicability of Code section

(a)
Except as provided in subsection (b) of this Code section, upon conviction for an offense, a person shall be given full credit for each day spent in confinement in any penal institution or facility and in any institution or facility for treatment or examination for a disability, as such term is defined in Code Section
37-1-1
, infirmity, or other physical condition, including:
(1)
Pretrial confinement, for any reason, since the date of arrest for the offense which is the subject of the sentence; and
(2)
Posttrial confinement awaiting the remittitur from an appellate court or transfer to the Department of Corrections or other court ordered institution or facility.
(b)
The court may exclude credit for time served in pretrial confinement when its sentence:
(1)
Requires the person to complete a program at a probation detention center as set forth in Code Section
42-8-35.4
;
(2)
Allows the person to participate in a work release program as set forth in Code Section
42-1-4
; or
(3)
Is for a misdemeanor offense for time spent in confinement in a jurisdiction other than the one in which the arrest for such offense occurred.
(c)
The credit or credits set forth in subsection (a) of this Code section shall be applied toward the convicted person's sentence and shall be considered by the State Board of Pardons and Paroles in determining the eligibility of such person for parole.
(d)
This Code section shall apply to sentences for all crimes, whether classified as violations, misdemeanors, or felonies, and to all courts having criminal jurisdiction located within the boundaries of this state.
Amended by 2020 Ga. Laws 503,§ 3, eff. 1/1/2021.
Amended by 2010 Ga. Laws 674,§ 9, eff. 7/1/2010.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 10 - SENTENCE AND PUNISHMENT (§§ 17-10-1 — 17-10-71) › Article 1 - PROCEDURE FOR SENTENCING AND IMPOSITION OF PUNISHMENT (§§ 17-10-1 — 17-10-21) › Section 17-10-12 - Affidavit specifying number of days spent in confinement; disposition of affidavit; granting of credit to defendant

(a)
The custodian of the defendant shall be required to make an affidavit specifying the number of days which the defendant has spent in confinement in his custody and furnish the affidavit to the clerk of the court within five days after sentence is imposed if the defendant is convicted. The affidavit of the custodian of the defendant shall be made a part of the official record of the trial.
(b)
The clerk of the court shall transmit a copy of the custodian's affidavit to the Department of Corrections when the defendant has been sentenced to the custody of the department. The Department of Corrections shall give the defendant credit for the number of days spent in confinement prior to conviction and sentence, as reflected in the custodian's affidavit, before forwarding the record to the State Board of Pardons and Paroles.
(c)
Where the defendant has been sentenced to the custody of an official other than the commissioner of corrections, the clerk of the court shall transmit the custodian's affidavit to the proper authorities who shall give the defendant credit for the number of days spent in custody prior to conviction and sentence.
(d)
For service under this Code section, the clerk shall receive the fee prescribed in Code Section
15-6-77
from the funds of the county, except where the clerk is on a salary.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 10 - SENTENCE AND PUNISHMENT (§§ 17-10-1 — 17-10-71) › Article 1 - PROCEDURE FOR SENTENCING AND IMPOSITION OF PUNISHMENT (§§ 17-10-1 — 17-10-21) › Section 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 after a legal adjudication of guilt in a court having jurisdiction.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 10 - SENTENCE AND PUNISHMENT (§§ 17-10-1 — 17-10-71) › Article 1 - PROCEDURE FOR SENTENCING AND IMPOSITION OF PUNISHMENT (§§ 17-10-1 — 17-10-21) › Section 17-10-14 - Committal of person under 17 convicted of felony

(a)
Notwithstanding any other provisions of this article and except as otherwise provided in subsection (b) of this Code section, in any case where a person under the age of 17 years is convicted of a felony and sentenced as an adult to life imprisonment or to a certain term of imprisonment, such person shall be committed to the Department of Juvenile Justice to serve such sentence in a detention center of such department until such person is 17 years of age at which time such person shall be transferred to the Department of Corrections to serve the remainder of the sentence. This Code section shall apply to any person convicted on or after July 1, 1987, and to any person convicted prior to such date who has not been committed to an institution operated by the Department of Corrections.
(b)
If a child is transferred to superior court pursuant to Code Section
15-11-561
and convicted of aggravated assault as defined in Chapter 5 of Title 16, the court may sentence such child to the Department of Corrections. Such child shall be housed in a designated youth confinement unit until such person is 17 years of age, at which time such person may be housed in any other unit designated by the Department of Corrections.
Amended by 2015 Ga. Laws 75,§ 1-16, eff. 5/5/2015.
Amended by 2013 Ga. Laws 127,§ 4-18, eff. 1/1/2014.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 10 - SENTENCE AND PUNISHMENT (§§ 17-10-1 — 17-10-71) › Article 1 - PROCEDURE FOR SENTENCING AND IMPOSITION OF PUNISHMENT (§§ 17-10-1 — 17-10-21) › Section 17-10-16 - Sentence to imprisonment for life without parole authorized; ineligibility for parole or leave programs

(a)
Notwithstanding any other provision of law, a person who is convicted of an offense committed after May 1, 1993, for which the death penalty may be imposed under the laws of this state may be sentenced to death, imprisonment for life without parole, or life imprisonment as provided in Article 2 of this chapter.
(b)
Notwithstanding any other provision of law, any person who is convicted of an offense for which the death penalty may be imposed and who is sentenced to imprisonment for life without parole shall not be eligible for any form of parole during such person's natural life unless the State Board of Pardons and Paroles or a court of this state shall, after notice and public hearing, determine that such person was innocent of the offense for which the sentence of imprisonment for life without parole was imposed. Such person shall not be eligible for any work release program, leave, or any other program administered by the Department of Corrections the effect of which would be to reduce the term of actual imprisonment to which such person was sentenced.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 10 - SENTENCE AND PUNISHMENT (§§ 17-10-1 — 17-10-71) › Article 1 - PROCEDURE FOR SENTENCING AND IMPOSITION OF PUNISHMENT (§§ 17-10-1 — 17-10-21) › Section 17-10-16.1 - Seeking death penalty not prerequisite to life without parole sentence

A person may be sentenced to life without parole without the prosecutor seeking the death penalty under the laws of this state.
Added by 2011 Ga. Laws 245,§ 17, eff. 5/13/2011.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 10 - SENTENCE AND PUNISHMENT (§§ 17-10-1 — 17-10-71) › Article 1 - PROCEDURE FOR SENTENCING AND IMPOSITION OF PUNISHMENT (§§ 17-10-1 — 17-10-21) › Section 17-10-17 - Sentencing of defendants guilty of crimes involving bias or prejudice; identification of increased sentence

(a)
As used in this Code section, the term "designated misdemeanor" means:
(1)
Simple assault as defined in Code Section
16-5-20
;
(2)
Simple battery as defined in Code Section
16-5-23
;
(3)
Battery as defined in Code Section
16-5-23.1
;
(4)
Criminal trespass as defined in Code Section
16-7-21
; and
(5)
Misdemeanor theft by taking as defined in Code Section
16-8-2
.
(b)
Subject to the notice requirement provided in Code Section
17-10-18
and in enhancement of the penalty imposed, if the trier of fact determines beyond a reasonable doubt that the defendant intentionally selected any victim or group of victims or any property as the object of the offense because of such victim's or group of victims' actual or perceived race, color, religion, national origin, sex, sexual orientation, gender, mental disability, or physical disability, the judge imposing sentence shall:
(1)
If the offense for which the defendant was convicted is a designated misdemeanor, impose a sentence of imprisonment for a period of not less than six nor more than 12 months, and a fine not to exceed $5,000.00; or
(2)
If the offense for which the defendant was convicted is a felony, impose a sentence of imprisonment for a period of not less than two years, and a fine not to exceed $5,000.00.
(c)
The judge shall state when he or she imposes the sentence the amount of the increase of the sentence based on the application of subsection (b) of this Code section.
Amended by 2020 Ga. Laws 329,§ 1, eff. 7/1/2020.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 10 - SENTENCE AND PUNISHMENT (§§ 17-10-1 — 17-10-71) › Article 1 - PROCEDURE FOR SENTENCING AND IMPOSITION OF PUNISHMENT (§§ 17-10-1 — 17-10-21) › Section 17-10-18 - Notification to seek enhanced penalty

At any time after the filing of an indictment or accusation but not later than the arraignment, the state shall notify the defendant of its intention to seek the enhanced penalty or penalties authorized by Code Section
17-10-17
. The notice shall be in writing and shall allege the specific factor or factors authorizing an enhanced sentence in the case pursuant to Code Section
17-10-17
.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 10 - SENTENCE AND PUNISHMENT (§§ 17-10-1 — 17-10-71) › Article 1 - PROCEDURE FOR SENTENCING AND IMPOSITION OF PUNISHMENT (§§ 17-10-1 — 17-10-21) › Section 17-10-19 - Determination of defendant's guilt; object of the offense; enhancement of sentence

(a)
In a case where notice has been given pursuant to Code Section
17-10-18
, the trier of fact shall initially determine the defendant's guilt on the charge or charges. If the trier of fact finds the defendant guilty of such charge or charges, the trial shall immediately be recommenced to receive evidence as is relevant to determine whether the defendant intentionally selected the victim or the property of the victim as the object of the offense as set forth in the notice given pursuant to Code Section
17-10-18
.
(b)
If the trier of fact determines beyond a reasonable doubt that the defendant so acted, the judge shall enhance the sentence imposed in accordance with the provisions of Code Section
17-10-17
.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 10 - SENTENCE AND PUNISHMENT (§§ 17-10-1 — 17-10-71) › Article 1 - PROCEDURE FOR SENTENCING AND IMPOSITION OF PUNISHMENT (§§ 17-10-1 — 17-10-21) › Section 17-10-20 - Collection of fines and restitution in criminal cases

(a)
In any case in which a fine or restitution is imposed as part of the sentence, such fine and restitution shall constitute a judgment against the defendant. Upon the request of the prosecuting attorney, it shall be the duty of the clerk of the sentencing court to issue a writ of fieri facias thereon and enter it on the general execution docket of the superior court of the county in which such sentence was imposed. Such fieri facias may also be entered on the general execution docket in any county in which the defendant owns real property.
(b)
If, in imposing sentence, the court sets a time certain for such fine or restitution to be paid in full, no execution shall issue upon the writ of fieri facias against the property of the defendant until such time as the time set by the court for payment of the fine or restitution shall have expired.
(c)
If the fine or restitution is not paid in full, such judgment may be enforced by instituting any procedure for execution upon the writ of fieri facias through levy, foreclosure, garnishment, and all other actions provided for the enforcement of judgments in the State of Georgia and in other states and foreign nations where such judgment is afforded full faith and credit under the Uniform Foreign Money Judgments Act or domestication thereof.
(d)
If the fine is not paid in full by the expiration of the time set by the court for payment of the fine, the governing authority of the county or municipality entitled to such fine may institute procedures to enforce such judgment as provided by subsection (c) of this Code section.
(e)
If the restitution is not paid in full by the expiration of the time set by the court for payment of the restitution, the prosecuting attorney or the victim entitled to receive such restitution may institute procedures to enforce such judgment as provided by subsection (c) of this Code section.
(f)
Notwithstanding the provisions of Code Section
9-12-60
, a judgment entered on the general execution docket pursuant to this Code section shall not become dormant during any period when the defendant is incarcerated and for seven years thereafter. Such judgment shall be subject to revival in the same manner as provided for dormant judgments under Code Section
9-12-60
.
(g)
No fees, costs, or other charges authorized by law in civil cases shall be charged by a clerk of superior court for entering a judgment arising out of a criminal case on the general execution docket or for any action brought by the state to enforce such judgment.
(h)
The provisions of this Code section shall be supplemental to any other provision of law applicable to the collection of fines or restitution in criminal cases.
Added by 2005 Ga. Laws 20,§ 4, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 10 - SENTENCE AND PUNISHMENT (§§ 17-10-1 — 17-10-71) › Article 2 - DEATH PENALTY GENERALLY (§§ 17-10-30 — 17-10-44) › Section 17-10-30.1 - [Repealed] Imprisonment for life without parole; finding of statutory aggravating circumstance required; duties of judge and jury

Repealed by 2009 Ga. Laws 62,§ 4, eff. 4/29/2009.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 10 - SENTENCE AND PUNISHMENT (§§ 17-10-1 — 17-10-71) › Article 2 - DEATH PENALTY GENERALLY (§§ 17-10-30 — 17-10-44) › Section 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 verdict

(a)
Where, upon a trial by jury, a person is convicted of an offense which may be punishable by death, a sentence of death shall not be imposed unless the jury verdict includes a finding of at least one statutory aggravating circumstance and a recommendation that such sentence be imposed. Where a statutory aggravating circumstance is found and a recommendation of death is made, the court shall sentence the accused to death. Where a statutory aggravating circumstance is not found or where a statutory circumstance is found but a recommendation of death is not made, the jury shall decide whether to recommend a sentence of life imprisonment without parole or life imprisonment with the possibility of parole. Unless the jury trying the case makes a finding of at least one statutory aggravating circumstance and recommends the death sentence in its verdict, the court shall not sentence the accused to death, provided that no such finding of statutory aggravating circumstance shall be necessary in offenses of treason or aircraft hijacking. This Code section shall not affect a sentence when the case is tried without a jury or when the judge accepts a plea of guilty.
(b)
During the sentencing phase before a jury, counsel for the state and the accused may present argument and the trial judge may instruct the jury:
(1)
That "life without parole" means that the accused shall be incarcerated for the remainder of his or her natural life and shall not be eligible for parole unless such person is subsequently adjudicated to be not guilty of the offense for which he or she was sentenced; and
(2)
That "life imprisonment" means that the accused will be incarcerated for the remainder of his or her natural life but will be eligible for parole during the term of such sentence.
(c)
If the jury is unable to reach a unanimous verdict as to sentence, the judge shall dismiss the jury and shall impose a sentence of either life imprisonment or imprisonment for life without parole.
Amended by 2009 Ga. Laws 62,§ 5, eff. 4/29/2009.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 10 - SENTENCE AND PUNISHMENT (§§ 17-10-1 — 17-10-71) › Article 2 - DEATH PENALTY GENERALLY (§§ 17-10-30 — 17-10-44) › Section 17-10-31.1 - [Repealed] Requirement of jury finding of aggravating circumstance and recommendation of sentence of death or life without parole; duties of judge; jury instruction on meaning of "life without parole" and "life imprisonment."

Repealed by 2009 Ga. Laws 62,§ 6, eff. 4/29/2009.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 10 - SENTENCE AND PUNISHMENT (§§ 17-10-1 — 17-10-71) › Article 2 - DEATH PENALTY GENERALLY (§§ 17-10-30 — 17-10-44) › Section 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 by death may enter a plea of guilty at any time after his indictment, and the judge of the superior court having jurisdiction may, in his discretion, sentence the person to life imprisonment or to any other punishment authorized by law for the offense named in the indictment; provided, however, that the judge must find one of the statutory aggravating circumstances provided in Code Section
17-10-30
before imposing the death penalty, except in cases of treason or aircraft hijacking.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 10 - SENTENCE AND PUNISHMENT (§§ 17-10-1 — 17-10-71) › Article 2 - DEATH PENALTY GENERALLY (§§ 17-10-30 — 17-10-44) › Section 17-10-32.1 - [Repealed] Sentencing of person subject to death penalty or life without parole upon plea of guilty; duties of judge

Repealed by 2009 Ga. Laws 62,§ 7, eff. 4/29/2009.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 10 - SENTENCE AND PUNISHMENT (§§ 17-10-1 — 17-10-71) › Article 2 - DEATH PENALTY GENERALLY (§§ 17-10-30 — 17-10-44) › Section 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 shall be the duty of the judge to sentence the defendant to death and to indicate the sentence in writing, which writing shall be filed with the papers in the case against the defendant. A certified copy of the sentence shall be sent by the clerk of the court in which the sentence is pronounced to the defendant's attorney of record, to the Attorney General, and to the superintendent of the state correctional institution where the execution is to take place, not less than ten days prior to the time fixed in the sentence of the court for the execution of the defendant. In all cases it shall be the duty of the sheriff of the county in which the defendant is sentenced, together with one deputy or more if in the sheriff's judgment it is necessary, and provided that in all cases the number of guards shall be approved by the trial judge or, if the trial judge is not available, by the judge of the probate court of the county in which the defendant is sentenced, to convey the defendant to the appropriate state correctional institution, not more than 20 days nor less than two days prior to the time fixed in the judgment for the execution of the defendant, unless otherwise directed by the Governor or unless a stay of execution has been caused by an appeal, granting of a new trial, or other order of a court of competent jurisdiction. The expense for transporting the defendant to the state correctional institution for the purpose of execution of the death sentence shall be paid by the county governing authority of the county in which the defendant was convicted, out of any funds on hand in the treasury of the county.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 10 - SENTENCE AND PUNISHMENT (§§ 17-10-1 — 17-10-71) › Article 2 - DEATH PENALTY GENERALLY (§§ 17-10-30 — 17-10-44) › Section 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, the court shall specify the time period for the execution in the sentence. The time period for the execution fixed by the court shall be seven days in duration and shall commence at noon on a specified date and shall end at noon on a specified date. The time period shall commence not less than 20 days nor more than 60 days from the date of sentencing. However, if the person is a female who is pregnant at the time of sentencing, the court shall appoint a time period for execution after the female is no longer pregnant.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 10 - SENTENCE AND PUNISHMENT (§§ 17-10-1 — 17-10-71) › Article 2 - DEATH PENALTY GENERALLY (§§ 17-10-30 — 17-10-44) › Section 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

(a)
Whenever the death penalty is imposed, upon the judgment becoming final in the trial court, the sentence shall be reviewed on the record by the Supreme Court of Georgia. The clerk of the trial court, within ten days after receiving the transcript, shall transmit the entire record and transcript to the Supreme Court together with a notice prepared by the clerk and a report prepared by the trial judge. The notice shall set forth the title and docket number of the case, the name of the defendant and the name and address of his attorney, a narrative statement of the judgment, the offense, and the punishment prescribed. The report shall be in the form of a standard questionnaire prepared and supplied by the Supreme Court.
(b)
The Supreme Court shall consider the punishment as well as any errors enumerated by way of appeal.
(c)
With regard to the sentence, the court shall determine:
(1)
Whether the sentence of death was imposed under the influence of passion, prejudice, or any other arbitrary factor;
(2)
Whether, in cases other than treason or aircraft hijacking, the evidence supports the jury's or judge's finding of a statutory aggravating circumstance as enumerated in subsection (b) of Code Section
17-10-30
; and
(3)
Whether the sentence of death is excessive or disproportionate to the penalty imposed in similar cases, considering both the crime and the defendant.
(d)
Both the defendant and the state shall have the right to submit briefs within the time provided by the court and to present oral argument to the court.
(e)
The court shall include in its decision a reference to those similar cases which it took into consideration. In addition to its authority regarding correction of errors, the court, with regard to review of death sentences, shall be authorized to:
(1)
Affirm the sentence of death; or
(2)
Set the sentence aside and remand the case for resentencing by the trial judge based on the record and argument of counsel. The records of those similar cases referred to by the Supreme Court in its decision and the extracts prepared as provided for in subsection (a) of Code Section
17-10-37
shall be provided to the resentencing judge for his consideration.
(f)
The sentence review shall be in addition to direct appeal, if taken, and the review and appeal shall be consolidated for consideration. The court shall render its decision on legal errors enumerated, the factual substantiation of the verdict, and the validity of the sentence.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 10 - SENTENCE AND PUNISHMENT (§§ 17-10-1 — 17-10-71) › Article 2 - DEATH PENALTY GENERALLY (§§ 17-10-30 — 17-10-44) › Section 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 judge under Code Section
17-10-35.1
certifying that pretrial proceedings are complete, the court shall conduct a hearing to determine if an interim appellate review of pretrial rulings is appropriate. The court shall hear from the state and the defense as to whether the delay to be caused by interim appellate review outweighs the need for such review. The court shall order such review and initiate the procedure contained in Code Section
17-10-35.1
unless the court concludes and enters an order to the effect that interim appellate review would not serve the ends of justice in the case. An order obviating interim appellate review shall not be appealable.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 10 - SENTENCE AND PUNISHMENT (§§ 17-10-1 — 17-10-71) › Article 2 - DEATH PENALTY GENERALLY (§§ 17-10-30 — 17-10-44) › Section 17-10-36 - Establishment of unified review procedure by Supreme Court; effect on habeas corpus

(a)
The Supreme Court of Georgia shall establish, by rules, a new unified review procedure to provide for the presentation to the sentencing court and to the Supreme Court of all possible challenges to the trial, conviction, sentence, and detention of defendants upon whom the sentence of death has been or may be imposed, which challenges before July 1, 1988, have been presented for review by the former unified review procedure under this subsection. Such new unified review procedure shall govern both pretrial and posttrial appellate review of death penalty cases.
(b)
The Supreme Court shall establish, by rules, a series of check lists to be utilized by the trial court, the prosecuting attorney, and defense counsel prior to, during, and after the trial of cases in which the death penalty is sought to make certain that all possible matters which could be raised in defense have been considered by the defendant and defense counsel and either asserted in a timely and correct manner or waived in accordance with applicable legal requirements, so that, for purposes of any pretrial review and the trial and posttrial review, the record and transcript of proceedings will be complete for a review by the sentencing court and the Supreme Court of all possible challenges to the trial, conviction, sentence, and detention of the defendant.
(c)
Nothing in this Code section or in the rules of the Supreme Court shall limit or restrict the grounds of review or suspend the rights or remedies available through the procedures governing the writ of habeas corpus.
(d)
The procedures governing the writ of habeas corpus may be employed to assert rights or seek remedies if the procedures established in the rules of the Supreme Court as applied to the petitioner are inadequate or ineffective in any constitutional sense.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 10 - SENTENCE AND PUNISHMENT (§§ 17-10-1 — 17-10-71) › Article 2 - DEATH PENALTY GENERALLY (§§ 17-10-30 — 17-10-44) › Section 17-10-37 - Appointment of assistant to Supreme Court to review death sentences; employment of staff to compile data

(a)
There shall be an assistant to the Supreme Court who shall be an attorney appointed by the Chief Justice and who shall serve at the pleasure of the court. The assistant shall assist the Supreme Court in the review of all death sentences.
(b)
The court shall be authorized to employ an appropriate staff and such methods to compile such data as are deemed by the Chief Justice to be appropriate and relevant to the statutory questions concerning the validity of the sentence reviewed in accordance with Code Section
17-10-35
.
Amended by 2010 Ga. Laws 452,§ 2, eff. 7/1/2010.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 10 - SENTENCE AND PUNISHMENT (§§ 17-10-1 — 17-10-71) › Article 2 - DEATH PENALTY GENERALLY (§§ 17-10-30 — 17-10-44) › Section 17-10-38 - Death sentences generally

(a)
All persons who have been convicted of a capital offense and have had imposed upon them a sentence of death shall suffer such punishment by lethal injection. Lethal injection is the continuous intravenous injection of a substance or substances sufficient to cause death into the body of the person sentenced to death until such person is dead.
(b)
In all cases in which the defendant is sentenced to death, it shall be the duty of the trial judge in passing sentence to direct that the defendant be delivered to the Department of Corrections for execution of the death sentence at a state correctional institution designated by the department.
(c)
Notwithstanding any other provision of law, prescription, preparation, compounding, dispensing, or administration of a lethal injection authorized by a sentence of death by a court of competent jurisdiction shall not constitute the practice of medicine or any other profession relating to health care which is subject by law to regulation, licensure, or certification.
(d)
No state agency, department, or official may, through regulation or otherwise, require or compel a physician to participate in the execution of a death sentence. "To participate in the execution of a death sentence" means any of the following actions: selecting injection sites; starting an intravenous line or lines as a port for a lethal injection device; prescribing, preparing, administering, or supervising injection drugs or their doses or types; inspecting, testing, or maintaining lethal injection devices; or consulting with or supervising lethal injection personnel.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 10 - SENTENCE AND PUNISHMENT (§§ 17-10-1 — 17-10-71) › Article 2 - DEATH PENALTY GENERALLY (§§ 17-10-30 — 17-10-44) › Section 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 female defendant so sentenced is believed to be pregnant, the sheriff of the county in which the defendant is imprisoned, with the concurrence and assistance of the judge of the probate court, shall select one or more physicians who shall conduct an examination. If the female is found to be pregnant, the sheriff shall suspend the execution of the sentence and make a report of the examination and suspension of execution to the presiding judge of the circuit, who shall cause the report and suspension to be entered on the minutes of the superior court of the county where the sentence was imposed. When the defendant is no longer pregnant, the judge shall issue a new order as provided in Code Section
17-10-40
directing the sheriff to execute the sentence at such date and place as the judge may appoint and direct in the order, which the sheriff shall be bound to do accordingly. The judge shall cause the new order and other proceedings in the case to be entered on the minutes of the court in which the sentence was imposed.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 10 - SENTENCE AND PUNISHMENT (§§ 17-10-1 — 17-10-71) › Article 2 - DEATH PENALTY GENERALLY (§§ 17-10-30 — 17-10-44) › Section 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

(a)
Where the time period for the execution of any convicted person in a capital case has passed by reason of a supersedeas incident to appellate review, a stay of execution by the State Board of Pardons and Paroles, or for any other reason, a judge of the superior court of the county where the case was tried shall have the power and authority to pass an order fixing a new time period for the execution of the original sentence without requiring the convicted person to be brought before him by a writ of habeas corpus. The order shall be recorded on the minutes of the court and a certified copy of the order shall be sent immediately to the convicted person's attorney of record, to the Attorney General, and to the superintendent of the state correctional institution at the place of execution.
(b)
The new time period for the execution shall be seven days in duration and shall commence at noon on a specified date and shall end at noon on a specified date. The new time period for the execution fixed by the judge shall commence not less than ten nor more than 20 days from the date of the order.
(c)
The Department of Corrections shall set the day and time for execution within the time period designated by the judge of the superior court. If the execution is not carried out on the day and at the time originally set by the Department of Corrections, the Department of Corrections is authorized to set new dates and times for execution within the period designated by the judge of the superior court.