Title 17 — Criminal Procedure
0 chapters · 345 sections in this title.
O.C.G.A. § 17-10-1 Darby v
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State, 230 Ga. App. 32, 495 S.E.2d 146 (1998). Warrantless searches vs. warrantless arrests. — Trial court erred in denying a probationer’s motion to suppress the evidence seized from the probationer’s apartment as, even though the entry into the apartment for the purpose of effe…
O.C.G.A. § 17-10-1.2 Appearances
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First appearance. No warrant, §§17-4-21, 17-4-62. Warrant, §17-4-26. Appointment of counsel for indigent defendants. Legal defense for indigents generally, §§17-12-1 to 17-12-80. Argument of counsel. Closing arguments. Allowance of additional time, §17-8-74. 1579 INDEX CRIMINAL L…
O.C.G.A. § 17-10-1.4 Split sentence
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(a) As used in this Code section, the term ‘‘split sentence’’ means any felony sentence that includes a term of imprisonment followed by a term of probation. (b) In any case where a judge on or after July 1, 2015, sentences a defendant to a split sentence, post-incarceration supe…
O.C.G.A. § 17-10-10 Concurrent sentences
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17-10-11. (For effective date, see note.) Granting of credit generally; exceptions; use in determining parole eligibility; applicability of Code section. 17-10-12. Affidavit specifying number of days spent in confinement; disposition of affidavit; granting of credit to defendant. …
O.C.G.A. § 17-10-11 Restitution as condition, §17-14-3
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Probation. Restitution as condition, §17-14-3. Graffiti. Removal by inmates, §§17-15A-1 to 17-15A-4. Jails.
O.C.G.A. § 17-10-14 Committal of person under 17 convicted of felony
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(a) Notwithstanding any other provisions of this article and except as otherwise provided in subsection (b) of this Code section, in any case where a person under the age of 17 years is convicted of a felony and sentenced as an adult to life imprisonment or to a certain term of i…
O.C.G.A. § 17-10-15 Aircraft
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Hijacking. Bail and recognizance. Appeal bonds, §17-6-1. Where offense bailable, §17-6-1. Death penalty, §17-10-30. CRIMINAL LAW AND PROCEDURE —Cont’d Aliens. Illegal alien status. Investigation during investigation of criminal suspect, §17-5-100. Witness’ or victim’s immigration…
O.C.G.A. § 17-10-16.1 Seeking death penalty not prerequisite to life without parole sentence
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A person may be sentenced to life without parole without the prosecutor seeking the death penalty under the laws of this state. History. — Code 1981, § 17-10-16.1, enacted by Ga. L. 2011, p. 752, § 17/HB 142. Editor’s notes. — This Code section is reflective of uncodified provision…
O.C.G.A. § 17-10-17 COMMERCE AND TRADE
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Profits of accused. Derived from entertainment media. Distribution to victims or representatives, §§17-14-30 to 17-14-32. COMMERCIAL DRIVERS’ LICENSES. Bail and recognizance. Display of driver’s license in lieu of bail or recognizance ordering incarceration, §17-6-11. CLOSING STAT…
O.C.G.A. § 17-10-18 Notification to seek enhanced penalty
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At any time after the filing of an indictment or accusation but not later than the arraignment, the state shall notify the defendant of its intention to seek the enhanced penalty or penalties authorized by Code Section 17-10-17. The notice shall be in writing and shall allege the …
O.C.G.A. § 17-10-2 Williams v
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State, 271 Ga. 686, 523 S.E.2d 857 (1999). 17-10-2 Failure to complete hearing not justified. — Defendant’s profane tirade and physical agitation following return of the jury’s verdict did not justify the failure to complete a presentence hearing. Hayes v. State, 211 Ga. App. 801,…
O.C.G.A. § 17-10-20 Collection of fines and restitution in criminal cases
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(a) In any case in which a fine or restitution is imposed as part of the sentence, such fine and restitution shall constitute a judgment against the defendant. Upon the request of the prosecuting attorney, it shall be the duty of the clerk of the sentencing court to issue a writ of…
O.C.G.A. § 17-10-21 Vacating of sentence for trafficking victim defendants
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(a)(1) A defendant convicted of an offense and sentenced as a direct result of the defendant being the victim of an offense of trafficking under Code Section 16-5-46 may petition the court imposing the sentence to vacate such conviction. Such court shall maintain the jurisdiction…
O.C.G.A. § 17-10-3 Punishment for misdemeanors generally
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(a) Except as otherwise provided by law, every crime declared to be a misdemeanor shall be punished as follows: (1) By a fine not to exceed $1,000.00 or by confinement in the county or other jail, county correctional institution, or such other 1056 17-10-3 places as counties may pr…
O.C.G.A. § 17-10-3.1 Punishment for violations of Code Section 40-6-391
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(a) In any case where a person is sentenced to a period of imprisonment under Code Section 40-6-391 upon conviction for violating subsection (k) of said Code section, it is within the authority and discretion of the sentencing judge in cases involving the first such violation to a…
O.C.G.A. § 17-10-30 Procedure for imposition of death penalty generally
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(a) The death penalty may be imposed for the offenses of aircraft hijacking or treason in any case. (b) In all cases of other offenses for which the death penalty may be authorized, the judge shall consider, or he shall include in his instructions to the jury for it to consider, …
O.C.G.A. § 17-10-32 Life without parole
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Capital cases, §17-10-16. Jury instructions, §17-10-31. Sentencing without seeking death penalty, §17-10-16.1. Limitation on prosecutions. Crimes punishable by life imprisonment, §17-3-1. Minors. Committal of person under 17, §17-10-14. Without parole.
O.C.G.A. § 17-10-33 Department of corrections
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Restitution. Remand of sentence. Copies of restitution order to be provided to department, §17-14-16. Earned-time allowances.
O.C.G.A. § 17-10-35 AIDS
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HIV tests. Person convicted of AIDS transmitting crime. Report of results, §17-10-15. Reporting requirements. Persons convicted of AIDS transmitting crimes. Results of HIV test, §17-10-15. Transmitting crimes. Requiring defendant to submit to HIV test and report of results, §17-1…
O.C.G.A. § 17-10-35.1 NUCLEAR POWER FACILITIES
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Refusal to submit search or vacate premises upon request by security officers. Criminal penalty, §17-4-20. Security officers. Use of force, searches, detention of persons on premises. Powers, §17-4-20. 1628 INDEX NURSING HOMES. Battery by employee, agents or volunteer against pat…
O.C.G.A. § 17-10-36 Venue
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Denial of change, §17-7-150. Pretrial proceedings. Cases in which death penalty sought, §17-10-35.1. Hearing to determine appropriateness of interim appellate review of pretrial rulings, §17-10-35.2. Sentencing proceedings. Victim impact statements. Noncompliance with statutory p…
O.C.G.A. § 17-10-37 Felony cases
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Preparation of transcript by court reporter. Petition to chief justice for additional period of time, §17-8-5. Justices.
O.C.G.A. § 17-10-38 Death sentences generally
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(a) All persons who have been convicted of a capital offense and have had imposed upon them a sentence of death shall suffer such punishment by lethal injection. Lethal injection is the continuous intravenous injection of a substance or substances sufficient to cause death into t…
O.C.G.A. § 17-10-4 Punishment for misdemeanors of a high and aggravated nature
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(a) A person who is convicted of a misdemeanor of a high and aggravated nature shall be punished by a fine not to exceed $5,000.00 or by confinement in the county or other jail, county correctional institution, or such other places as counties may provide for mainte1068 17-10-4 nan…
O.C.G.A. § 17-10-40 Sentencing
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Imposition of death sentence. Copy of sentence to be sent to attorney general, §17-10-33. Continuances. Grounds for continuance, §17-8-27. Criminal cases. Attorney general in attendance at general assembly, §17-8-27. Criminal law and procedure. Maintenance of criminal actions, §1…
O.C.G.A. § 17-10-41 Persons required to be present at executions
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There shall be present at the execution of a convicted person the superintendent of the state correctional institution or a deputy superintendent thereof, at least three executioners, two physicians to determine when death supervenes, and other correctional officers, assistants, …
O.C.G.A. § 17-10-42 Preparation and filing of certification of execution
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The executioner and attending physicians shall certify the fact of the execution to the clerk of the superior court of the county in which the sentence was imposed, which certificate shall be filed by the clerk with the papers in the case. History. — Ga. L. 1924, p. 195, § 5; Code …
O.C.G.A. § 17-10-42.1 Participation of medical professionals in executions
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Participation in any execution of any convicted person carried out under this article shall not be the subject of any licensure challenge, suspension, or revocation for any physician or medical professional licensed in the State of Georgia. History. — Code 1981, § 17-10-42.1, ena…
O.C.G.A. § 17-10-44 Apparatus, machinery, and appliances
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The Department of Corrections shall provide a place for execution of the death sentence and all necessary apparatus, machinery, and appliances for inflicting the penalty of death. History. — Ga. L. 1924, p. 195, § 2; Code 1933, § 27-2513; Ga. L. 1956, p. 161, § 28; Ga. L. 1985, p.…
O.C.G.A. § 17-10-6.1 Competency to stand trial, §17-7-130
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SERVICE OF PROCESS. Accusations. Against corporations. Notice of filing, §17-7-92. Arraignments, §17-7-91. Bench warrants, §17-7-90. Corporations. Indictments, special presentments or accusations. Notice of filing, §17-7-92. Criminal pleadings, motions and other papers, §17-1-1. Ex…
O.C.G.A. § 17-10-6.2 Punishment for sexual offenders
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(a) As used in this Code section, the term ‘‘sexual offense’’ means: (1) Aggravated assault with the intent to rape, in violation of Code Section 16-5-21; (2) False imprisonment, in violation of Code Section 16-5-41, if the victim is not the child of the defendant and the victim …
O.C.G.A. § 17-10-6.3 COURT REPORTS
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Custodian of property introduced into evidence. Designation by court, §17-5-55. COURTS. Administrative office of the courts. Public defenders. Administrative support, §17-12-26. CREDIT CARDS. Fraud. Trial upon accusations, §17-7-70.1. Theft. Trial upon accusations, §17-7-70.1. Un…
O.C.G.A. § 17-10-60 History
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— Code 1981, § 17-10-61, enacted by Ga. L. 1988, p. 1003, § 2.
O.C.G.A. § 17-10-61 No execution upon determination of mental incompetency to be executed
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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. History.
O.C.G.A. § 17-10-62 Exclusive procedure for challenging mental competency to be executed
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Notwithstanding any other provision of this Code, this article provides the exclusive procedure for challenging mental competency to be executed when such challenge is made subsequent to the time of conviction and sentence. History. — Code 1981, § 17-10-62, enacted by Ga. L. 1988…
O.C.G.A. § 17-10-63 Filing of application; contents
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(a) An application brought under this article must be filed in the superior court of the county in which the applicant is being detained. 1258 17-10-65 The named respondent shall be the person having actual custody of the applicant. (b) An application brought under this article sh…
O.C.G.A. § 17-10-64 Service of application
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Service of an application brought under this article shall be made upon the person having custody of the applicant. If the applicant is being detained under the custody of the Department of Corrections, an additional copy of the application shall be served upon the Attorney Gener…
O.C.G.A. § 17-10-65 Answer by respondent
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As soon as possible after the filing and docketing of the application under this article, the respondent shall answer the application. The court may schedule a case for a hearing prior to the filing of responsive pleadings but, in any event, shall schedule the case for a hearing as…
O.C.G.A. § 17-10-66 Examination of applicant
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(a) By filing an application under this article, the applicant specifically consents to submit to a state examination for the purposes of assessing mental competency to be executed. (b) Simultaneously with the filing of the application, the applicant, if he or she wishes the court t…
O.C.G.A. § 17-10-67 When application to be filed
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An application under this article shall not be filed until completion of direct appeal and until an order has been signed by a judge of the trial court setting a time period for the execution. History. — Code 1981, § 17-10-67, enacted by Ga. L. 1988, p. 1003, § 2. 17-10-68. Proof;…
O.C.G.A. § 17-10-68 Proof; disposition
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(a) The court may receive proof by depositions, oral testimony, sworn affidavits, or other evidence. (b) The taking of depositions shall be governed by Code Sections 9-11-26 through 9-11-32 and 9-11-37. (c) If a sworn affidavit is to be introduced into evidence by either party, t…
O.C.G.A. § 17-10-69 Prior adjudication as presumption of mental competency
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If an applicant is determined to have previously filed an application under this article and has previously been determined to be mentally competent to be executed, such prior adjudication shall act as a presumption of mental competency and the applicant shall not be entitled to a…
O.C.G.A. § 17-10-7 Brown v
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State, 252 Ga. App. 714, 556 S.E.2d 881, 2001 Ga. App. LEXIS 1359 (2001), cert. denied, No. S02C0476, 2002 Ga. LEXIS 307 (Ga. Mar. 29, 2002). Construed with O.C.G.A. §§ 16-13-26(1)(D) and 16-13-31. — When the total weight of the substances seized from defendant was only 24.4 gram…
O.C.G.A. § 17-10-70 Appeals
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(a) Appeals in cases brought under this article shall be governed by Chapter 6 of Title 5 except that as to final orders of the court which are adverse to the applicant, no appeal shall be ordered unless the Supreme Court of this state issues a certificate of probable cause for the…
O.C.G.A. § 17-10-71 Minors, §17-9-3
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Mitigating circumstances. Consideration in imposing penalty, §17-10-30. Persons required to be present, §17-10-41. Physicians and surgeons.
O.C.G.A. § 17-10-8.1 Fee for legal defense services as condition of probation
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In any case in which a defendant receives legal defense services pursuant to Chapter 12 of Title 17 where the defendant has not paid the application fee required by Code Section 15-21A-6 and the court has not waived such fee at the time of sentencing, the court shall impose such …
O.C.G.A. § 17-10-9 Special presentments
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Against corporations, §17-7-92. NOTICE OF APPEAL. Death penalty cases. Mental incompetents, §17-10-70. Review of pretrial proceeding, §17-10-35.1. NUCLEAR POWER FACILITIES.
O.C.G.A. § 17-10-9.1 Earned time allowance
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Persons sentenced for misdemeanors of a high and aggravated nature, §17-10-4. Restitution as condition, §17-14-3.