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Georgia Commons

Título 17. CRIMINAL PROCEDURE

Capítulo 10. SENTENCE AND PUNISHMENT

66 secciones · 17-10-1 a 17-10-71

Legible por máquinas https://georgiacommons.org/code/17-10.md · https://georgiacommons.org/code/index.md · MCP https://mcp.georgiacommons.org/mcp

Artículo 1. PROCEDURE FOR SENTENCING AND IMPOSITION OF PUNISHMENT

  1. 17-10-1Fixing of sentence; suspension or probation of sentence; change in sentence; eligibility for parole; prohibited modifications; exceptions.
  2. 17-10-1.1Judicial consideration of victim impact statement; form document; manner of rebuttal; effect of noncompliance; no creation of cause of action or right of appeal.
  3. 17-10-1.2Oral 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.
  4. 17-10-1.3Factoring into sentencing determinations citizenship status of convict.
  5. 17-10-1.4Split sentence.
  6. 17-10-2Conduct of presentence hearings in felony cases; effect of reversal for error in presentence hearing.
  7. 17-10-3Punishment for misdemeanors generally.
  8. 17-10-3.1Punishment for violations of Code Section 40-6-391.
  9. 17-10-4Punishment for misdemeanors of a high and aggravated nature.
  10. 17-10-5Imposition of misdemeanor punishment for felonies punishable by imprisonment for term of ten years or less.
  11. 17-10-6Review of sentences of imprisonment for period exceeding 12 years by three-judge panel.Derogada
  12. 17-10-6.1Punishment for serious violent offenders; authorization for reduction in mandatory minimum sentencing.
  13. 17-10-6.2Punishment for sexual offenders.
  14. 17-10-6.3Disposition 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.
  15. 17-10-7Punishment of repeat offenders; punishment and eligibility for parole of persons convicted of fourth felony offense.
  16. 17-10-8Payment of fine in felony case; rebate or refund of fine not permitted upon revocation of probation.
  17. 17-10-8.1Fee for legal defense services as condition of probation.
  18. 17-10-9Specification by judge imposing sentence of time from which penal sentence to run; effect of appeal.
  19. 17-10-9.1Voluntary surrender to county jail or correctional institution; release of defendant.
  20. 17-10-10Concurrent sentences.
  21. 17-10-11Granting of credit generally; exceptions; use in determining parole eligibility; applicability of Code section.
  22. 17-10-12Affidavit specifying number of days spent in confinement; disposition of affidavit; granting of credit to defendant.
  23. 17-10-13Legal adjudication of guilt in court having jurisdiction to precede assessment of punishment.
  24. 17-10-14Committal of person under 17 convicted of felony.
  25. 17-10-15AIDS transmitting crimes; requiring defendant to submit to HIV test; report of results.
  26. 17-10-16Sentence to imprisonment for life without parole authorized; ineligibility for parole or leave programs.
  27. 17-10-16.1Seeking death penalty not prerequisite to life without parole sentence.
  28. 17-10-17Sentencing of defendants guilty of crimes involving bias or prejudice; identification of increased sentence.
  29. 17-10-18Notification to seek enhanced penalty.
  30. 17-10-19Determination of defendant’s guilt; object of the offense; enhancement of sentence.
  31. 17-10-20Collection of fines and restitution in criminal cases.
  32. 17-10-21Vacating of sentence for trafficking victim defendants.
  33. 17-10-22Consideration of past violence or abuse against defendant during sentencing.

Artículo 2. DEATH PENALTY GENERALLY

  1. 17-10-30Procedure for imposition of death penalty generally.
  2. 17-10-30.1Imprisonment for life without parole; finding of statutory aggravating circumstance required; duties of judge and jury.Derogada
  3. 17-10-31Requirement of jury finding of aggravating circumstance and recommendation of death penalty prior to imposition; arguments of counsel during sentencing phase; jury instructions; actions of judge in event of failure to reach unanimous verdict.
  4. 17-10-31.1Requirement of jury finding of aggravating circumstance and recommendation of sentence of death or life without parole; duties of judge; jury instruction on meaning of ‘‘life without parole’’ and ‘‘life imprisonment.’’Derogada
  5. 17-10-32Sentencing of person indicted for capital offense to life imprisonment or other punishment upon plea of guilty.
  6. 17-10-32.1Sentencing of person subject to death penalty or life without parole upon plea of guilty; duties of judge.Derogada
  7. 17-10-33Imposition of sentence of death upon judgment of death; to whom copies of sentence sent; conveying defendant to state correctional institution; expenses of transporting defendant.
  8. 17-10-34Sentence to specify time period for and place of execution; appointing time period for execution of pregnant female.
  9. 17-10-35Review of death sentences by Supreme Court; forwarding of record and transcript; scope of review; written briefs and oral argument; similar cases to be included in decision; direct appeal to be consolidated with sentence review.
  10. 17-10-35.1Review of pretrial proceedings when death penalty is sought; reports investigating reversible error; transmittal of reports to Supreme Court; orders regarding review; Attorney General assistance; res judicata; applicability; waiver of rights.
  11. 17-10-35.2Hearing to determine appropriateness of interim appellate review of pretrial rulings.
  12. 17-10-36Establishment of unified review procedure by Supreme Court; effect on habeas corpus.
  13. 17-10-37Appointment of assistant to Supreme Court to review death sentences; employment of staff to compile data.
  14. 17-10-38Death sentences generally.
  15. 17-10-39Procedure for determination if female sentenced to death is pregnant; suspension of execution of sentence; issuance of new order for execution of sentence; entry of order upon minutes of court.
  16. 17-10-40Change 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.
  17. 17-10-41Persons required to be present at executions.
  18. 17-10-42Preparation and filing of certification of execution.
  19. 17-10-42.1Participation of medical professionals in executions.
  20. 17-10-43Disposition of body of executed person; payment of expenses of transporting body.
  21. 17-10-44Apparatus, machinery, and appliances.

Artículo 3. MENTALLY INCOMPETENT TO BE EXECUTED

  1. 17-10-60‘‘Mentally incompetent to be executed’’ defined.
  2. 17-10-61No execution upon determination of mental incompetency to be executed.
  3. 17-10-62Exclusive procedure for challenging mental competency to be executed.
  4. 17-10-63Filing of application; contents.
  5. 17-10-64Service of application.
  6. 17-10-65Answer by respondent.
  7. 17-10-66Examination of applicant.
  8. 17-10-67When application to be filed.
  9. 17-10-68Proof; disposition.
  10. 17-10-69Prior adjudication as presumption of mental competency.
  11. 17-10-70Appeals.
  12. 17-10-71Procedure upon convicted person’s regaining mental competency.