Official Code of Georgia Annotated

Title 17. CRIMINAL PROCEDURE · Chapter 10. SENTENCE AND PUNISHMENT · Article 3. MENTALLY INCOMPETENT TO BE EXECUTED

17-10-61. No execution upon determination of mental incompetency to be executed.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

A person under sentence of death shall not be executed when it is determined under the provisions of this article that the person is mentally incompetent to be executed as defined in Code Section 17-10-60.

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

Code 1981, § 17-10-61, enacted by Ga. L. 1988, p. 1003, § 2.

For note, ‘‘Ford v. Wainwright: Eighth Amendment Prohibits Execution of the Insane,’’ see 38 Mercer L. Rev. 949 (1987).

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Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t17-(v15)-2020-pdf.pdf, Volume V15, 2020 edition, page 1271; merge action: carried; file SHA-256 0b0d45f9c609.