Georgia Code, Title 17, Chapter 10, 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) (1) Except in cases in which life imprisonment, life without parole, or the death penalty may be imposed, upon a verdict or plea...
• § 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
  (a) A prosecuting attorney bringing charges against a defendant shall notify, where practical, the alleged victim or, when the victim is no longer living,...
• § 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
  (a) (1) In all cases in which the death penalty may be imposed, subsequent to an adjudication of guilt and in conjunction with the...
• § 17-10-1.3 - Factoring Into Sentencing Determinations Citizenship Status of Convict
  (a) In determining whether to probate all or any part of any sentence of confinement in any felony, misdemeanor, or ordinance violation case, the...
• § 17-10-1.4 - Split Sentence
  (a) As used in this Code section, the term "split sentence" means any felony sentence that includes a term of imprisonment followed by a...
• § 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...
• § 17-10-3 - Punishment for Misdemeanors Generally
  (a) Except as otherwise provided by law, every crime declared to be a misdemeanor shall be punished as follows: (1) By a fine not...
• § 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)...
• § 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...
• § 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,...
• § 17-10-6 - Review of Sentences of Imprisonment for Period Exceeding 12 Years by Three-Judge Panel
  Reserved. Repealed by Ga. L. 2007, p. 595, § 2/HB 197, effective July 1, 2007.
• § 17-10-6.1 - Punishment for Serious Violent Offenders; Authorization for Reduction in Mandatory Minimum Sentencing
  (a) As used in this Code section, the term "serious violent felony" means: (1) Murder or felony murder, as defined in Code Section 16-5-1;...
• § 17-10-6.2 - Punishment for Sexual Offenders
  (a) As used in this Code section, the term "sexual offense" means: (1) Aggravated assault with the intent to rape, as defined in Code...
• § 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...
• § 17-10-7 - Punishment of Repeat Offenders; Punishment and Eligibility for Parole of Persons Convicted of Fourth Felony Offense
  (a) Except as otherwise provided in subsection (b) or (b.1) of this Code section, any person who, after having been convicted of a felony...
• § 17-10-8 - Requirement of Payment of Fine As Condition Precedent to Probation; Rebate or Refund of Fine Upon Revocation of Probation
  In any case where the judge may, by any law so authorizing, place on probation a person convicted of a felony, the judge may...
• § 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...
• § 17-10-9 - Specification by Judge Imposing Sentence of Time From Which Penal Sentence to Run; Effect of Appeal
  In the imposition of sentence for violation of the penal laws, it shall be the duty of the judge to specify that the term...
• § 17-10-9.1 - Voluntary Surrender to County Jail or Correctional Institution; Release of Defendant
  (a) When a defendant who pleads nolo contendere or guilty or is convicted of an offense against the laws of this state other than:...
• § 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...
• § 17-10-11 - Granting of Credit Generally; Use in Determining Parole Eligibility; Applicability of Code Section
  (a) Each person convicted of a crime in this state shall be given full credit for each day spent in confinement awaiting trial and...
• § 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...
• § 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.
• § 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...
• § 17-10-15 - Aids Transmitting Crimes; Requiring Defendant to Submit to Hiv Test; Report of Results
  (a) Any term used in this Code section and defined in Code Section 31-22-9.1 shall have the meaning provided for such term in Code...
• § 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...
• § 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.
• § 17-10-17 - Sentencing of Defendants Guilty of Crimes Involving Bias or Prejudice; Circumstances; Parole
  (a) 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...
• § 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...
• § 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...
• § 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...

Last modified: October 14, 2016