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2018 Georgia Code 17-10-31.1 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)

O.C.G.A. 17-10-31.1 Case Law from Google Scholar Amendments to OCGA 17-10-31.1

TITLE 17 CRIMINAL PROCEDURE

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

ARTICLE 2 DEATH PENALTY GENERALLY

17-10-31.1. Requirement 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."

Repealed by Ga. L. 2009, p. 223, § 6/SB 13, effective April 29, 2009.

Editor's notes.

- This Code section was based on Code 1981, § 17-10-31.1, enacted by Ga. L. 1993, p. 1654, § 5.

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, in part, that the law as set forth in Section 4 of this Act as it existed prior to April 29, 2009, shall apply to all offenses committed on and before 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."

RESEARCH REFERENCES

ALR.

- Validity, construction, and application of pattern and nonpattern jury instructions in state death penalty proceedings, 83 A.L.R.6th 255.

Cases Citing O.C.G.A. § 17-10-31.1

Total Results: 20 | Sort by: Relevance | Newest First

Humphreys v. State, 694 S.E.2d 316 (Ga. 2010).

Cited 98 times | Published | Supreme Court of Georgia | Mar 15, 2010 | 287 Ga. 63, 2010 Fulton County D. Rep. 732

...622, 626(3), 247 S.E.2d 68 (1978) ("The burden is on the appellant to show harm as well as error."). (b) We also find no merit to Humphreys's contention that, after receiving this note, the trial court erred in failing to discharge the jury and sentence him to life without the possibility of parole. See OCGA § 17-10-31.1(c) (requiring the trial court to impose either a sentence of life or life without parole where a death penalty sentencing jury has unanimously agreed on at least one statutory aggravating circumstance but is unable to reach a unanimous verdict as to sentence) (repealed by Ga....

...if the jury considering the death penalty cannot reach unanimity as to which of the three sentencing options to recommend, the trial court is required to dismiss the jury and to sentence the defendant to either life or life without parole. See OCGA § 17-10-31.1(c) (repealed by Ga....

Stinski v. State, 691 S.E.2d 854 (Ga. 2010).

Cited 64 times | Published | Supreme Court of Georgia | Mar 1, 2010 | 286 Ga. 839, 2010 Fulton County D. Rep. 551

...lity of parole by imposing a sentence of life without parole. See OCGA § 17-10-31(b)(1) (authorizing, effective April 29, 2009, arguments and jury charges on life without parole that are identical to those that were originally authorized under OCGA § 17-10-31.1(d)(1) when life without parole first became an available sentencing option)....

Heywood v. State, 292 Ga. 771 (Ga. 2013).

Cited 49 times | Published | Supreme Court of Georgia | Mar 28, 2013 | 743 S.E.2d 12, 2013 Fulton County D. Rep. 1344

...2009, p. 223, § 1. The 2009 Act explicitly provided in § 10, “Aperson may be sentenced to life without parole without the prosecutor seeking the death penalty under the *778laws of this state.” Moreover, §§ 6 and 7 of the 2009 Act repealed OCGA §§ 17-10-31.1 and 17-10-32.1, which required the finding of a statutory aggravating circumstance before a sentence of life without parole could be imposed....

Inman v. State, 635 S.E.2d 125 (Ga. 2006).

Cited 42 times | Published | Supreme Court of Georgia | Sep 18, 2006 | 281 Ga. 67, 2006 Fulton County D. Rep. 2900

...[9] We do not endorse the State's suggestion that the issue is moot since appellant was not sentenced to death. Appellant's sentence of life imprisonment without the possibility of parole was given as an alternative to the death penalty pursuant to OCGA § 17-10-31.1, which permits imposition of such a sentence when the death penalty is sought....

Lamar v. State, 278 Ga. 150 (Ga. 2004).

Cited 41 times | Published | Supreme Court of Georgia | Jun 28, 2004 | 598 S.E.2d 488

...f Lamar’s retrial that juries in death penalty trials must be charged on the meaning of a life sentence with and without parole and the parties may present closing arguments regarding the appropriateness of such sentences in the case at hand. OCGA § 17-10-31.1 (d)....

Sanders v. State, 631 S.E.2d 344 (Ga. 2006).

Cited 32 times | Published | Supreme Court of Georgia | Jun 12, 2006 | 280 Ga. 780, 2006 Fulton County D. Rep. 1859

...his or her immigration status. This subsection shall apply with respect to acceptance of any plea of guilty to any state offense in any court of this state or any political subdivision of this state. [4] In his brief, Sanders continually cites OCGA § 17-10-31.1; however, the language upon which he relies appears in OCGA § 17-10-32.1 which provides: (a) Subject to the provisions of subsection (b) of this Code section, any person who has been indicted for an offense for which the death penalty...

Tollette v. State, 621 S.E.2d 742 (Ga. 2005).

Cited 23 times | Published | Supreme Court of Georgia | Nov 7, 2005 | 280 Ga. 100, 2005 Fulton County D. Rep. 3358

...The likelihood of parole is an improper subject matter for argument by counsel, except for the limited exception allowing counsel to refer to the significance of life without parole and life with eligibility for parole as those meanings are set out in OCGA § 17-10-31.1(d)....

Jones v. State, 653 S.E.2d 456 (Ga. 2007).

Cited 22 times | Published | Supreme Court of Georgia | Oct 29, 2007 | 282 Ga. 784, 2007 Fulton County D. Rep. 3306

...[26] OCGA § 16-5-1 sets out the elements of murder and sets the punishment for murder at imprisonment for life or death. A murder conviction can result in a death sentence only if a jury finds beyond a reasonable doubt the existence of at least one statutory aggravating circumstance. OCGA §§ 17-10-31, 17-10-31.1....

Kimbrough v. State, 300 Ga. 516 (Ga. 2017).

Cited 19 times | Published | Supreme Court of Georgia | Feb 6, 2017 | 796 S.E.2d 694

...a recidivist sentence under OCGA § 17-10-7 (b) (2), which requires that the defendant be previously convicted of a serious violent felony (see OCGA § 17-10-6.1 (a)), or as an alternative sentence when the death penalty is sought (see [former] OCGA § 17-10-31.1), neither of those circumstances is present in this case. Funderburk, 276 Ga....

...n each case is governed by specific statutes.” Velazquez, 283 Ga. at 209 n. 3. See also Redden v. State, 294 Ga. App. 879, 881 (2) (670 SE2d 552) (2008) (“Ingram held that under the statutory scheme created by OCGA §§ 17-10-16 (a), 17-10-30.1, 17-10-31.1, and 17-10-32.1, the legislature intended the sentence of life without parole to be considered and imposed only when the state is seeking the death penalty....

Bun v. State, 296 Ga. 549 (Ga. 2015).

Cited 15 times | Published | Supreme Court of Georgia | Feb 16, 2015 | 769 S.E.2d 381

Moore v. State, 293 Ga. 705 (Ga. 2013).

Cited 15 times | Published | Supreme Court of Georgia | Oct 7, 2013 | 749 S.E.2d 660, 2013 Fulton County D. Rep. 3095

...homicide). In 2009, the General Assembly enacted Ga. L. 2009, p. 223, § 1 which amended OCGA § 16-5-1 (d) to add the sentence of life in prison without the possibility of parole as one of the punishments for murder. The bill also repealed OCGA §§ 17-10-31.1 and 17-10-32.1....

Williams v. State, 727 S.E.2d 95 (Ga. 2012).

Cited 14 times | Published | Supreme Court of Georgia | Apr 24, 2012 | 291 Ga. 19, 2012 Fulton County D. Rep. 1540

...In 2009, the General Assembly passed Ga. L.2009, p. 223, § 1 (or Senate Bill 13) which amended OCGA § 16-5-1(d) to add the sentence of life in prison without the possibility of parole as one of the punishments for murder. The bill also repealed OCGA §§ 17-10-31.1 and 17-10-32.1, thereby removing requirements that a jury find an aggravating circumstance before imposing the sentence of life without parole (OCGA § 17-10-31.1) and removing the sentencing duties of a judge regarding a person who pled guilty to an offense for which the death penalty or life without parole could be imposed (OCGA § 17-10-32.1)....

State v. Velazquez, 657 S.E.2d 838 (Ga. 2008).

Cited 12 times | Published | Supreme Court of Georgia | Feb 25, 2008 | 283 Ga. 206, 2008 Fulton County D. Rep. 580

...OCGA § 16-5-1(d). Moreover, most of the provisions regarding that sentence contained in OCGA §§ 17-10-30 et seq. are specifically applicable to murder, and even exclude other offenses for which the death penalty is authorized. OCGA §§ 17-10-30.1, 17-10-31.1; State v....

Lewis v. State, 301 Ga. 759 (Ga. 2017).

Cited 11 times | Published | Supreme Court of Georgia | Aug 14, 2017 | 804 S.E.2d 82

...In 2009, the General Assembly passed Ga. L. 2009, p. 223, § 1 (or Senate Bill 13) which amended OCGA § 16-5-1 (d) to add the sentence of life in prison without the possibility of parole as one of the punishments for murder. The bill also repealed OCGA§§ 17-10-31.1 and 17-10-32.1, thereby removing requirements that a jury find an aggravating circumstance before imposing the sentence of life without parole (OCGA § 17-10-31.1) and removing the sentencing duties of a judge regarding a person who *766pled guilty to an offense for which the death penalty or life without parole could be imposed (OCGA § 17-10-32.1). (Citations and punctuation omitted.) Williams v....

Hooks v. State, 668 S.E.2d 718 (Ga. 2008).

Cited 9 times | Published | Supreme Court of Georgia | Oct 27, 2008 | 284 Ga. 531, 2008 Fulton County D. Rep. 3353

..., either as a recidivist sentence under OCGA § 17-10-7(b)(2), which requires that the defendant be previously convicted of a serious violent felony (see OCGA § 17-10-6.1(a)), or as an alternative sentence when the death penalty is sought (see OCGA § 17-10-31.1), neither of those circumstances is present in this case....

Tarver v. State, 602 S.E.2d 627 (Ga. 2004).

Cited 8 times | Published | Supreme Court of Georgia | Sep 13, 2004 | 278 Ga. 358, 2004 Fulton County D. Rep. 2978

...e, and inhuman in that it involved depravity of mind." On appeal, we are required to determine whether the evidence was sufficient to enable the jury to find the existence of the statutory aggravating circumstance beyond a reasonable doubt. See OCGA § 17-10-31.1(a); Philpot v....

...Accordingly, we hold that the depravity of mind (b)(7) aggravating circumstance was not supported by the evidence. 6. A sentence of life without parole may not be imposed "unless the jury verdict includes a finding of at least one statutory aggravating circumstance and a recommendation that such sentence be imposed." OCGA § 17-10-31.1(a)....

Parks v. State, 827 S.E.2d 669 (Ga. 2019).

Cited 4 times | Published | Supreme Court of Georgia | Apr 29, 2019 | 305 Ga. 712

...penalty. In 2009, the General Assembly passed Ga. L. 2009, p. 223, § 1 ... which amended OCGA § 16-5-1 (d) to add the sentence of life in prison without the possibility of parole as one of the punishments for murder. The bill also repealed OCGA §§ 17-10-31.1 and 17-10-32.1, thereby removing requirements that a jury find an aggravating circumstance before imposing the sentence of life without parole ( OCGA § 17-10-31.1 ) and removing the sentencing duties of a judge regarding a person who pled guilty to an offense for which the death penalty or life without parole could be imposed ( OCGA § 17-10-32.1 ). (citations and punctuation omitted)....

Parks v. State, 305 Ga. 712 (Ga. 2019).

Published | Supreme Court of Georgia | Apr 29, 2019

...In 2009, the General Assembly passed Ga. L. 2009, p. 223, § 1 . . . which amended OCGA § 16-5-1 (d) to add the sentence of life in prison without the possibility of parole as one of the punishments for murder. The bill also repealed OCGA §§ 17-10-31.1 and 17-10-32.1, thereby removing requirements that a jury find an aggravating circumstance before imposing the sentence of life without parole (OCGA § 17-10-31.1) and removing the sentencing duties of a judge regarding a person who pled guilty to an offense for which the death penalty or life without parole could be imposed (OCGA § 17-10-32.1). (citations omitted)....

Bun v. State (Ga. 2015).

Published | Supreme Court of Georgia | Feb 16, 2015

...ilable sentence would have been life with the possibility of parole. See Moore v. State, 293 Ga. 705 (2) (749 SE2d 660) (2013). There is nothing in the legislative history of the 2009 amendment to 8 The bill also repealed OCGA §§ 17-10-31.1 and 17-10-32.1, thereby removing requirements that a jury find an aggravating circumstance before imposing the sentence of life without parole (OCGA § 17-10-31.1) and removing the sentencing duties of a judge regarding a person who pled guilty to an offense for which the death penalty or life without parole could be imposed (OCGA § 17-10-32.1)....

Lámar v. State, 598 S.E.2d 488 (Ga. 2004).

Published | Supreme Court of Georgia | Jun 28, 2004 | 278 Ga. 150, 2004 Fulton County D. Rep. 2151

...of Lamar's retrial that juries in death penalty trials must be charged on the meaning of a life sentence with and without parole and the parties may present closing arguments regarding the appropriateness of such sentences in the case at hand. OCGA § 17-10-31.1(d)....