---
title: O.C.G.A. § 38-2-1063. Rehearings; grounds; members of court; effect on sentence.
collection: code
id: 38-2-1063
cite_as: O.C.G.A. § 38-2-1063 (2025)
canonical_url: https://georgiacommons.org/code/38-2-1063
md_url: https://georgiacommons.org/code/38-2-1063.md
text_url: https://georgiacommons.org/code/38-2-1063/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t37-t39-(v28)-2021-pdf.pdf?sfvrsn=c6b9c518_0#page=492
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.
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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: MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS / MILITARY AFFAIRS / CODE OF MILITARY JUSTICE / REVIEW OF COURTS-MARTIAL
---

# O.C.G.A. § 38-2-1063. Rehearings; grounds; members of court; effect on sentence.

Each rehearing under this article shall take place before a court-martial composed of members who were not members of the court-martial which first heard the case. Upon a rehearing, the accused may not be tried for any offense of which the accused was found not guilty by the first court-martial, and no sentence in excess of or more severe than the original sentence may be approved, unless the sentence is based upon a finding of guilty of an offense not considered upon the merits in the original proceedings or unless the sentence prescribed for the offense is mandatory. If the sentence approved after the first court-martial was in accordance with a pretrial agreement and the accused at the rehearing changes a plea with respect to the charges or specifications upon which the pretrial agreement was based, or otherwise does not comply with the pretrial agreement, the approved sentence as to those charges or specifications may include any punishment not in excess of that lawfully adjudged at the first court-martial.

## History

Code 1981, § 38-2-1063, enacted by Ga. L. 2015, p. 753, § 1/HB 98.