---
title: O.C.G.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.
collection: code
id: 17-10-40
cite_as: O.C.G.A. § 17-10-40 (2025)
canonical_url: https://georgiacommons.org/code/17-10-40
md_url: https://georgiacommons.org/code/17-10-40.md
text_url: https://georgiacommons.org/code/17-10-40/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t17-(v15)-2020-pdf.pdf?sfvrsn=8c04ccfe_0#page=1266
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
up: https://georgiacommons.org/code/17-10.md
previous: https://georgiacommons.org/code/17-10-39.md
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index: https://georgiacommons.org/code/index.md
version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: CRIMINAL PROCEDURE / SENTENCE AND PUNISHMENT / DEATH PENALTY GENERALLY
---

# O.C.G.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.

(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.

## History

Ga. L. 1924, p. 195, § 7; Code 1933, § 27-2518; Ga. L. 1983, p. 665, § 2; Ga. L. 1985, p. 1463, § 2.

## Code Commission Notes

Pursuant to Code Section 28-9-5, in 1985, ‘‘Offender Rehabilitation’’ was changed to ‘‘Corrections’’ in subsection (c).