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O.C.G.A. § 17-10-16.1 — Seeking death penalty not prerequisite to life without parole sentence | Georgia Code
O.C.G.A. § 17-10-16.1 (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

17-10-16.1. Seeking death penalty not prerequisite to life without parole sentence.

A person may be sentenced to life without parole without the prosecutor seeking the death penalty under the laws of this state.

(Code 1981, §17-10-16.1, enacted by Ga. L. 2011, p. 752, § 17/HB 142.)

Effective date.

- This Code section became effective May 13, 2011.

Editor's notes.

- This Code section is reflective of uncodified provisions from Ga. L. 2009, p. 223, § 10.

JUDICIAL DECISIONS

State was permitted to seek a sentence of life without parole since the murder occurred one year after the law was changed to permit such a sentence. Heywood v. State, 292 Ga. 771, 743 S.E.2d 12 (2013).

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This Georgia Code resource is curated by Graham W. Syfert, Esq., 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.