TITLE 42 PENAL INSTITUTIONS

Section 5. Correctional Institutions of State and Counties, 42-5-1 through 42-5-125.

ARTICLE 4 GRANTING SPECIAL LEAVES, EMERGENCY LEAVES, AND LIMITED LEAVE PRIVILEGES

42-5-85. Leave privileges of inmates serving murder sentences.

As used in this Code section, the term:
1. "Aggravating circumstance" means that:
  1. The murder was committed by a person with a prior record of conviction for a capital felony;
  2. The murder was committed while the offender was engaged in the commission of another capital felony, aggravated battery, burglary in any degree, or arson in the first degree;
  3. The offender, by his or her act of murder, knowingly created a great risk of death to more than one person in a public place by means of a weapon or device which would normally be hazardous to the lives of more than one person;
  4. The offender committed the murder for himself, herself, or another, for the purpose of receiving money or any other thing of monetary value;
  5. The murder of a judicial officer, former judicial officer, district attorney or solicitor-general, or former district attorney, solicitor, or solicitor-general was committed during or because of the exercise of his or her official duties;
  6. The offender caused or directed another to commit murder or committed murder as an agent or employee of another person;
  7. The murder was outrageously or wantonly vile, horrible, or inhuman in that it involved torture, depravity of mind, or an aggravated battery to the victim;
  8. The murder was committed against any peace officer, corrections employee, or firefighter while engaged in the performance of his or her official duties;
  9. The murder was committed by a person in, or who has escaped from, the lawful custody of a peace officer or place of lawful confinement; or
  10. The murder was committed for the purpose of avoiding, interfering with, or preventing a lawful arrest or custody in a place of lawful confinement of himself, herself, or another.
2. "Murder" means a violation of Code Section 16-5-1.
No special leave, emergency leave, or limited leave privileges shall be granted to any inmate who is serving a murder sentence unless the commissioner has approved in writing a written finding by the department that the murder did not involve any aggravating circumstance.
The department shall make a finding that a murder did not involve an aggravating circumstance only after an independent review of the record of the trial resulting in the conviction or of the facts upon which the conviction was based.

(Code 1981, §42-5-85, enacted by Ga. L. 1983, p. 1806, § 2; Ga. L. 1984, p. 22, § 42; Ga. L. 1996, p. 748, § 22; Ga. L. 2002, p. 660, § 4; Ga. L. 2002, p. 1259, § 11; Ga. L. 2012, p. 899, § 8-15/HB 1176; Ga. L. 2014, p. 444, § 2-11/HB 271.)

The 2012 amendment, effective July 1, 2012, inserted "in any degree" in paragraph (a)(2). See editor's note for applicability.

The 2014 amendment, effective July 1, 2014, substituted the present provisions of subsection (a) for the former provisions, which read: "As used in this Code section only, the term 'aggravating circumstance' means that:"; redesignated former paragraphs (a)(1) through (a)(10) as present subparagraphs (a)(1)(A) through (a)(1)(J), respectively; inserted "or her" in subparagraphs (a)(1)(C) and (a)(1)(H); inserted ", herself," in subparagraphs (a)(1)(D) and (a)(1)(J); and added paragraph (a)(2).

Editor's notes.

- Ga. L. 1996, p. 748, § 27, not codified by the General Assembly, provides: "Notwithstanding any other provision of law, an Act approved February 11, 1854 (Ga. L. 1854, p. 281), which abolished the office of solicitor of the City Court of Savannah, now the State Court of Chatham County, and transferred responsibility for the prosecution of criminal cases in said court to the solicitor general (now the district attorney) for the Eastern Judicial Circuit is confirmed. It shall be the duty of said district attorney to prosecute all criminal actions in said state court until otherwise specifically provided by law."

Ga. L. 1996, p. 748, § 28, not codified by the General Assembly, provides: "The provisions of this Act shall not affect the powers, duties, or responsibilities of the district attorney as successor to the office of solicitor general under the constitution, statutes, and common law of this state as provided by Code Section 15-18-1."

Ga. L. 1996, p. 748, § 29, not codified by the General Assembly, provides: "Except as otherwise authorized in this Act, on and after July 1, 1996, any reference in general law or in any local Act to the solicitor of a state court shall mean and shall be deemed to mean the solicitor-general of such state court."

Ga. L. 1996, p. 748, § 30, not codified by the General Assembly, provides: "The provisions of paragraph (3) of Code Section 15-18-62, relating to the qualifications for the office of solicitor-general of a state court, shall apply to any person elected or appointed to such office after July 1, 1996. Any person holding such office on July 1, 1996, may continue to hold such office for the remainder of the term to which such person was elected or appointed notwithstanding the fact that such person has not been a member of the State Bar of Georgia for three years if such person is otherwise qualified to hold the office of solicitor-general."

Ga. L. 2012, p. 899, § 9-1(a)/HB 1176, not codified by the General Assembly, provides: "This Act shall become effective on July 1, 2012, and shall apply to offenses which occur on or after that date. Any offense occurring before July 1, 2012, shall be governed by the statute in effect at the time of such offense and shall be considered a prior conviction for the purpose of imposing a sentence that provides for a different penalty for a subsequent conviction for the same type of offense, of whatever degree or level, pursuant to this Act."

Law reviews.

- For article on the 2012 amendment of this Code section, see 29 Ga. St. U.L. Rev. 290 (2012).