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O.C.G.A. § 17-10-1.3 — Factoring into sentencing determinations citizenship status of convict | Georgia Code
O.C.G.A. § 17-10-1.3 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 17 CRIMINAL PROCEDURE

Section 10. Sentence and Punishment, 17-10-1 through 17-10-71.

ARTICLE 1 PROCEDURE FOR SENTENCING AND IMPOSITION OF PUNISHMENT

17-10-1.3. Factoring into sentencing determinations citizenship status of convict.

  1. In determining whether to probate all or any part of any sentence of confinement in any felony, misdemeanor, or ordinance violation case, the sentencing court shall be authorized to make inquiry into whether the person to be sentenced is lawfully present in the United States under federal law.
  2. If the court determines that the person to be sentenced is not lawfully present in the United States, the court shall be authorized to make inquiry into whether the person to be sentenced would be legally subject to deportation from the United States while serving a probated sentence.
  3. If the court determines that the person to be sentenced would be legally subject to deportation from the United States while serving a probated sentence, the court may:
    1. Consider the interest of the state in securing certain and complete execution of its judicial sentences in criminal and quasi-criminal cases;
    2. Consider the likelihood that deportation may intervene to frustrate that state interest if probation is granted; and
    3. Where appropriate, decline to probate a sentence in furtherance of the state interest in certain and complete execution of sentences.
  4. This Code section shall apply with respect to a judicial determination as to whether to suspend all or any part of a sentence of confinement in the same manner as this Code section applies to determinations with respect to probation.

(Code 1981, §17-10-1.3, enacted by Ga. L. 2007, p. 34, § 1/SB 23; Ga. L. 2008, p. 324, § 17/SB 455.)

Editor's notes.

- Ga. L. 2007, p. 34, § 3/SB 23, not codified by the General Assembly, provides: "The General Assembly finds that this Act states factors for consideration in discretionary decision-making processes within the criminal justice system. The General Assembly finds that such factors could have been considered prior to or without the enactment of this Act. Accordingly, it is the intention of the General Assembly that this Act may be applied with respect to offenses committed prior to its effective date as well as offenses committed on or after its effective date. However, if there should be a judicial determination that retrospective application is prohibited, it is the intention of the General Assembly that retrospective application should be severable." This Act became effective May 11, 2007.

RESEARCH REFERENCES

Am. Jur. 2d.

- 3C Am. Jur. 2d, Aliens and Citizens, §§ 2603, 2604.

C.J.S.

- 3 C.J.S., Aliens, § 119 et seq.

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This Georgia Code resource is curated by Graham Syfert, a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. For legal consultation, call 904-383-7448.