---
title: O.C.G.A. § 38-2-1072. Vacation of suspension of sentence; hearing; legal representation by military counsel; record of hearing.
collection: code
id: 38-2-1072
cite_as: O.C.G.A. § 38-2-1072 (2025)
canonical_url: https://georgiacommons.org/code/38-2-1072
md_url: https://georgiacommons.org/code/38-2-1072.md
text_url: https://georgiacommons.org/code/38-2-1072/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=498
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
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publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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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. § 38-2-1072. Vacation of suspension of sentence; hearing; legal representation by military counsel; record of hearing.

(a) Before the vacation of the suspension of a special court-martial sentence, which as approved includes a bad conduct discharge, or of any general court-martial sentence, the officer having special court-martial jurisdiction over the probationer shall hold a hearing on an alleged violation of probation. The probationer shall be represented at the hearing by military counsel if the probationer so desires.

(b) The record of the hearing and the recommendation of the officer having special court-martial jurisdiction shall be sent for action to the officer exercising general court-martial jurisdiction over the probationer. If the officer vacates the suspension, any unexecuted part of the sentence, except a dismissal, shall be executed subject to applicable restrictions in this article.

(c) The suspension of any other sentence may be vacated by any authority competent to convene for the command in which the accused is serving or assigned a court of the kind that imposed the sentence.

## History

Code 1981, § 38-2-1072, enacted by Ga. L. 2015, p. 753, § 1/HB 98.

## U.s. Code.

For similar provision in Uniform Code of Military Justice, see 10 U.S.C. § 872.