Georgia Code, Title 17, Chapter 10, Article 2 - Death Penalty Generally

• § 17-10-30 - Procedure for Imposition of Death Penalty Generally
  (a) The death penalty may be imposed for the offenses of aircraft hijacking or treason in any case.(b) In all cases of other offenses...
• § 17-10-30.1 - Imprisonment for Life Without Parole; Finding of Statutory Aggravating Circumstance Required; Duties of Judge and Jury
  Repealed by Ga. L. 2009, p. 223, § 4/SB 13, effective April 29, 2009.
• § 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...
• § 17-10-31.1 - 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  Repealed by Ga. L. 2009, p. 223, § 6/SB 13, effective April 29, 2009.
• § 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,...
• § 17-10-32.1 - Sentencing of Person Subject to Death Penalty or Life Without Parole Upon Plea of Guilty; Duties of Judge
  Repealed by Ga. L. 2009, p. 223, § 7/SB 13, effective April 29, 2009.
• § 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...
• § 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...
• § 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...
• § 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
  (a) In cases in which the death penalty is sought, there may be a review of all pretrial proceedings by the Supreme Court upon...
• § 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...
• § 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...
• § 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...
• § 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...
• § 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...
• § 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...
• § 17-10-41 - Persons Required to Be Present At Executions
  There shall be present at the execution of a convicted person the superintendent of the state correctional institution or a deputy superintendent thereof, at...
• § 17-10-42 - Preparation and Filing of Certification of Execution
  The executioner and attending physicians shall certify the fact of the execution to the clerk of the superior court of the county in which...
• § 17-10-42.1 - Participation of Medical Professionals in Executions
  Participation in any execution of any convicted person carried out under this article shall not be the subject of any licensure challenge, suspension, or...
• § 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 the relatives of the person if they so desire; and, in case no claim...
• § 17-10-44 - Apparatus, Machinery, and Appliances
  The Department of Corrections shall provide a place for execution of the death sentence and all necessary apparatus, machinery, and appliances for inflicting the...

Last modified: October 14, 2016