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2018 Georgia Code 17-10-44 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 17-10-44 Case Law from Google Scholar Amendments to OCGA 17-10-44

TITLE 17 CRIMINAL PROCEDURE

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

ARTICLE 2 DEATH PENALTY GENERALLY

17-10-44. Apparatus, machinery, and appliances.

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.

(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.)

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 Assembly 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.

Cases Citing Georgia Code 17-10-44 From Courtlistener.com

Total Results: 2

OWENS Et Al. v. HILL

Court: Supreme Court of Georgia | Date Filed: 2014-05-19

Citation: 295 Ga. 302, 758 S.E.2d 794, 42 Media L. Rep. (BNA) 1863, 2014 Fulton County D. Rep. 1343, 2014 WL 2025129, 2014 Ga. LEXIS 400

Snippet: details to the Department of Corrections. See OCGA § 17-10-44 (“The Department of Corrections shall provide

Hill v. Owens

Court: Supreme Court of Georgia | Date Filed: 2013-02-04

Citation: 292 Ga. 380, 738 S.E.2d 56, 2013 Fulton County D. Rep. 168, 2013 WL 399003, 2013 Ga. LEXIS 108

Snippet: executions and to determine the number of witnesses); 17-10-44 (“The Department of Corrections shall provide