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2018 Georgia Code 17-10-30.1 | Car Wreck Lawyer

TITLE 17 CRIMINAL PROCEDURE

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

ARTICLE 2 DEATH PENALTY GENERALLY

17-10-30.1. Imprisonment for life without parole; finding of statutory aggravating circumstance required; duties of judge and jury.

Repealed by Ga. L. 2009, p. 223, § 4/SB 13, effective April 29, 2009.

Editor's notes.

- This Code section was based on Code 1981, § 17-10-30.1, enacted by Ga. L. 1993, p. 1654, § 4.

Ga. L. 2009, p. 223, § 8/SB 13, not codified by the General Assembly, provides that: "Except as provided in this section, the provisions of this Act shall apply only to those offenses committed after the effective date of this Act. With express written consent of the state, an accused whose offense was committed prior to the effective date of this Act may elect in writing to be sentenced under the provisions of this Act, provided that: (1) jeopardy for the offense charged has not attached or (2) the accused has been sentenced to death but the conviction or sentence has been reversed on appeal and the state is not barred from seeking prosecution after the remand." This Act became effective April 29, 2009.

Ga. L. 2009, p. 223, § 9/SB 13, not codified by the General Assembly, provides that: "Except as provided in Section 8 of this Act, the amendment or repeal of a Code section by this Act shall not affect any sentence imposed by any court of this state prior to the effective date of this Act."

Ga. L. 2009, p. 223, § 10/SB 13, not codified by the General Assembly, provides that: "A person may be sentenced to life without parole without the prosecutor seeking the death penalty under the laws of this state." Ga. L. 2011, p. 752, § 17(3) codified these provisions at Code Section 17-10-16.1.

Ga. L. 2009, p. 223, § 11(a)/SB 13, not codified by the General Assembly, provides that the law as set forth in this Code section as it existed prior to April 29, 2009, shall apply to all offenses committed on and before April 29, 2009, and the amendments by this Act shall apply to all crimes committed on and after April 29, 2009.

Ga. L. 2009, p. 223, § 11(b)/SB 13, not codified by the General Assembly, provides that: "The provisions of this Act shall not affect or abate the status as a crime of any such act or omission which occurred prior to the effective date of the Act repealing, repealing and reenacting, or amending such law, nor shall the prosecution of such crime be abated as a result of such repeal, repeal and reenactment, or amendment."

Cases Citing Georgia Code 17-10-30.1 From Courtlistener.com

Total Results: 9

Moore v. State

Court: Supreme Court of Georgia | Date Filed: 2018-05-21

Citation: 814 S.E.2d 676

Snippet: the possibility of parole under former OCGA § 17-10-30.1,1 the trial court finding aggravating circumstances

Kimbrough v. State

Court: Supreme Court of Georgia | Date Filed: 2017-02-06

Citation: 300 Ga. 516, 796 S.E.2d 694, 2017 WL 473936, 2017 Ga. LEXIS 48

Snippet: statutory scheme created by OCGA §§ 17-10-16 (a), 17-10-30.1, 17-10-31.1, and 17-10-32.1, the legislature

State v. Velazquez

Court: Supreme Court of Georgia | Date Filed: 2008-02-25

Citation: 657 S.E.2d 838, 283 Ga. 206, 2008 Fulton County D. Rep. 580, 2008 Ga. LEXIS 188, 2008 WL 480078

Snippet: which the death penalty is authorized. OCGA §§ 17-10-30.1, 17-10-31.1; State v. Ingram, 266 Ga. 324, 326

Dalton v. State

Court: Supreme Court of Georgia | Date Filed: 2007-07-13

Citation: 647 S.E.2d 580, 282 Ga. 300, 2007 Fulton County D. Rep. 2286, 2007 Ga. LEXIS 523

Snippet: decision on briefs on May 7, 2007. [2] Under OCGA § 17-10-30.1(a), imprisonment for life without parole may

Lewis v. State

Court: Supreme Court of Georgia | Date Filed: 2005-06-16

Citation: 279 Ga. 464, 614 S.E.2d 779, 2005 Fulton County D. Rep. 1867, 2005 Ga. LEXIS 439

Snippet: as defined by Code Section 17-10-30.” OCGA § 17-10-30.1 (a). As noted above, the trial court found as

Jackson v. State

Court: Supreme Court of Georgia | Date Filed: 1999-02-08

Citation: 512 S.E.2d 241, 270 Ga. 494, 99 Fulton County D. Rep. 556, 1999 Ga. LEXIS 108

Snippet: the death penalty statutes, OCGA §§ 17-10-16, 17-10-30.1, 17-10-31.1, 17-10-32.1, are unconstitutional

Jenkins v. State

Court: Supreme Court of Georgia | Date Filed: 1997-10-06

Citation: 491 S.E.2d 54, 268 Ga. 468, 97 Fulton County D. Rep. 3709, 1997 Ga. LEXIS 633

Snippet: as defined in OCGA § 17-10-30 (b), see OCGA § 17-10-30.1 (a), we reject appellant’s argument for the same

State v. Ingram

Court: Supreme Court of Georgia | Date Filed: 1996-03-04

Citation: 467 S.E.2d 523, 266 Ga. 324, 96 Fulton County D. Rep. 760, 1996 Ga. LEXIS 87

Snippet: four new Code sections are OCGA §§ 17-10-16; 17-10-30.1; 17-10-31.1 and 17-10-32.1 According to the majority

Henry v. State

Court: Supreme Court of Georgia | Date Filed: 1995-10-16

Citation: 462 S.E.2d 737, 265 Ga. 732

Snippet: parole as punishment for the murder. See OCGA § 17-10-30.1 (a). Henry was sentenced to life imprisonment