Chapter

SENTENCE AND PUNISHMENT

O.C.G.A. § 17-10-1— (For effective date, see note.) Fixing of sentence; suspension or probation of sentence; change in sentence; eligibility for parole; prohibited modifications; exceptions
O.C.G.A. § 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
O.C.G.A. § 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
O.C.G.A. § 17-10-1.3— Factoring into sentencing determinations citizenship status of convict
O.C.G.A. § 17-10-1.4— Split sentence
O.C.G.A. § 17-10-2— Conduct of presentence hearings in felony cases; effect of reversal for error in presentence hearing
O.C.G.A. § 17-10-3— Punishment for misdemeanors generally
O.C.G.A. § 17-10-3.1— Punishment for violations of Code Section 40-6-391
O.C.G.A. § 17-10-4— Punishment for misdemeanors of a high and aggra- vated nature
O.C.G.A. § 17-10-5— Imposition of misdemeanor punishment for felonies punishable by imprisonment for term of ten years or less
O.C.G.A. § 17-10-6.1— Punishment for serious violent offenders; authorization for reduction in mandatory minimum sentenc- ing
O.C.G.A. § 17-10-6.2— Punishment for sexual offenders
O.C.G.A. § 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
O.C.G.A. § 17-10-7— Punishment of repeat offenders; punishment and eligibility for parole of persons convicted of fourth felony offense
O.C.G.A. § 17-10-8— Payment of fine in felony case; rebate or refund of fine not permitted upon revocation of probation
O.C.G.A. § 17-10-8.1— Fee for legal defense tion
O.C.G.A. § 17-10-9— (For effective date, see note.) Specification by judge imposing sentence of time from which penal sentence to run; effect of appeal
O.C.G.A. § 17-10-9.1— Voluntary surrender separate sentence which runs consecutively, 68 A.L.R.2d 712
O.C.G.A. § 17-10-10— Concurrent sentences
O.C.G.A. § 17-10-11— (For effective date, see note.) Granting of credit generally; exceptions; use in determining parole eligibility; applicability of Code section
O.C.G.A. § 17-10-12— Affidavit specifying number of days spent in confinement; disposition of affidavit; granting of credit to defendant
O.C.G.A. § 17-10-13— Legal adjudication of guilt in court having jurisdiction to precede assessment of punishment
O.C.G.A. § 17-10-14— Committal of person under 17 convicted of felony
O.C.G.A. § 17-10-15— AIDS transmitting crimes; requiring defendant to submit to HIV test; report of results
O.C.G.A. § 17-10-16— Sentence to imprisonment for life without parole au- thorized; ineligibility for parole or leave programs
O.C.G.A. § 17-10-16.1— Seeking death penalty not prerequisite to life with- out parole sentence
O.C.G.A. § 17-10-17— Sentencing of defendants guilty of crimes involving bias or prejudice; identification of increased sentence
O.C.G.A. § 17-10-18— Notification to seek enhanced penalty
O.C.G.A. § 17-10-19— Determination of defendant’s guilt; object of the offense; enhancement of sentence
O.C.G.A. § 17-10-20— Collection of fines and restitution in criminal cases
O.C.G.A. § 17-10-21— Vacating of sentence for trafficking victim defendants
O.C.G.A. § 17-10-30— Procedure for imposition of death penalty generally
O.C.G.A. § 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
O.C.G.A. § 17-10-32— Sentencing of person indicted for capital offense to life imprisonment or other punishment upon plea of guilty
O.C.G.A. § 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
O.C.G.A. § 17-10-34— Sentence to specify time period for and place of execution; appointing time period for execution of preg- nant female
O.C.G.A. § 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
O.C.G.A. § 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 rights
O.C.G.A. § 17-10-35.2— Hearing to determine appropriateness of interim appellate review of pretrial rulings
O.C.G.A. § 17-10-36— Establishment of unified review procedure by Supreme Court; effect on habeas corpus
O.C.G.A. § 17-10-37— Appointment of assistant to Supreme Court to review death sentences; employment of staff to compile data
O.C.G.A. § 17-10-38— Death sentences generally
O.C.G.A. § 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
O.C.G.A. § 17-10-40— The judge of the court which made the determination on the issue of mental competency shall cause the new order and other proceedings in the case to be presented on the minutes of the court
O.C.G.A. § 17-10-41— Persons required to be present at executions
O.C.G.A. § 17-10-42— Preparation and filing of certification of execution
O.C.G.A. § 17-10-42.1— Participation of medical professionals in executions
O.C.G.A. § 17-10-43— Disposition of body of executed person; payment of expenses of transporting body
O.C.G.A. § 17-10-44— Apparatus, machinery, and appliances
O.C.G.A. § 17-10-60— “Mentally incompetent to be executed” defined
O.C.G.A. § 17-10-61— No execution upon determination of mental incompetency to be executed
O.C.G.A. § 17-10-62— Exclusive procedure for challenging mental competency to be executed
O.C.G.A. § 17-10-63— Filing of application; contents
O.C.G.A. § 17-10-64— Service of application
O.C.G.A. § 17-10-65— Answer by respondent
O.C.G.A. § 17-10-66— Examination of applicant
O.C.G.A. § 17-10-67— When application to be filed
O.C.G.A. § 17-10-68— Proof; disposition
O.C.G.A. § 17-10-69— Prior adjudication as presumption of mental competency
O.C.G.A. § 17-10-70— Appeals