O.C.G.A.

O.C.G.A. § 17-10-44 (2019)

Apparatus, machinery, and appliances

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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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. 283, § 1; Ga. L. 2000, p. 947, § 5.

Annotations

Editor’s notes. - Ga. L. 2000, p. 947, § 1, not codified by the General Assembly, provides that: ‘‘It is the intention of the General Assembly to provide for execution by lethal injection for persons sentenced to death after conviction of capital crimes committed on or after May 1, 2000. It is the further intention of the General As-

sembly that persons sentenced to death for crimes committed prior to the effective date of this Act be executed by lethal injection if the Supreme Court of the United States declares that electrocution violates the Constitution of the United States or if the Supreme Court of Georgia declares that electrocution violates the Constitution of the United States or the Constitution of Georgia.’’ This Act became effective May 1, 2000.

JUDICIAL DECISIONS Disclosure of identifying information of persons and entities involved in executions. - Georgia Supreme Court held that it was not unconstitutional for the State of Georgia to maintain the confidentiality of the names and other

identifying information of the persons and entities involved in executions, pursuant to O.C.G.A. § 42-5-36(d), including those who manufacture the drug or drugs to be used. Owens v. Hill, 295 Ga. 302, 758 S.E.2d 794 (2014).

RESEARCH REFERENCES ALR. - Manner of inflicting death sentence as cruel or unusual punishment, 30 A.L.R. 1452.

Substantive challenges to propriety of execution by lethal injection in state capital proceedings, 21 A.L.R.6th 1.

ARTICLE 3 MENTALLY INCOMPETENT TO BE EXECUTED

Cross references. - Bails, fines, and punishments, U.S. Const., amend. 8.

Editor’s notes. - Ga. L. 1988, p. 1003, § 2, effective July 1, 1988, repealed the

Code sections formerly codified at this article and enacted the current article. The former article consisted of Code Sec-

tions 17-10-60 through 17-10-63 and was based on Ga. L. 1981, Ex. Sess., p. 8 (Code enactment act).

Notes of Decisions

Cited in 1 case, 2014–2014 · leading case: Owens Et Al. v. Hill, 758 S.E.2d 794 (Ga. 2014).

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Owens Et Al. v. Hill, 758 S.E.2d 794 (Ga. 2014). · cites it 4× “See OCGA § 17-10-44 (“The Department of 7 Corrections shall provide a place for execution of the death sentence and all necessary apparatus, machinery, and appliances for inflicting the penalty of death.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.