2025 Code of Georgia
Title 17 - Criminal Procedure (Chs. 1 — 22)
Chapter 10 - Sentence and Punishment (Arts. 1 — 3)
Article 1 - Procedure for Sentencing and Imposition of Punishment (§§ 17-10-1 — 17-10-22)
Annotations
Research References & Practice Aids
Cross references.Vacating of office by state officer convicted of felony, § 45-5-2.
Suspension of county officer upon conviction for felony, § 45-5-6.
Sentencing and sentence review, Uniform Superior Court Rules, Rule 35.2.
Modification or vacation of juvenile court order of probation, Uniform Rules for the Juvenile Courts of Georgia, Rules 16.1 through 16.4.
Law reviews.For note on the 1994 amendments of Code Sections 17-10-1, 17-10-6, 17-10-7 and enactment of Code Section 17-10-6.1 of this article, see 11 Ga. St. U. L. Rev. 159 (1994).
For annual survey on death penalty law, see 70 Mercer L. Rev. 73 (2018).
For article, “The Meaning of a Misdemeanor in a Post-Ferguson World: Evaluating the Reliability of Prior Conviction Evidence,” see 54 Ga. L. Rev. 927 (2020).
For article, “Where is the Strike Zone? Arguing for a Uniformly Narrow Interpretation of the Prison Litigation Reform Act’s ‘Three Strikes’ Rule,” see 70 Emory L. J. 755 (2021).
For article, “Distinguishing Plea Discounts and Trial Penalties,” see 37 Ga. St. U. L. Rev. 261 (2021).
RESEARCH REFERENCES Am. Jur. Proof of Facts. —Governmental Entity’s Liability for Injuries Caused by Negligently Released Individual, 19 POF2d 583.
Government’s Breach of Plea Bargain, 27 POF2d 133.
Hierarchy Notes:O. C. G. A. Title 17
O. C. G. A. Title 17, Ch. 10
- § 17-10-1. Fixing of sentence; suspension or probation of sentence; change in sentence; eligibility for parole; prohibited modifications; exceptions
- § 17-10-1.1. Judicial consideration of victim impact statement; form document; manner of rebuttal; effect of noncompliance; no creation of cause of action or right of appeal
- § 17-10-1.2. Oral victim impact statement; presentation of evidence; cross-examination and rebuttal by defendant; effect of noncompliance; no creation of cause of action or right of appeal
- § 17-10-1.3. Factoring into sentencing determinations citizenship status of convict
- § 17-10-1.4. Split sentence
- § 17-10-2. Conduct of presentence hearings in felony cases; effect of reversal for error in presentence hearing
- § 17-10-3. Punishment for misdemeanors generally
- § 17-10-3.1. Punishment for violations of Code Section 40-6-391
- § 17-10-3.2. [Effective July 1, 2026] Punishment upon conviction of a fourth or subsequent qualifying misdemeanor in ten years
- § 17-10-4. Punishment for misdemeanors of a high and aggravated nature
- § 17-10-5. Imposition of misdemeanor punishment for felonies punishable by imprisonment for term of ten years or less
- § 17-10-6. [Reserved] Review of sentences of imprisonment for period exceeding 12 years by three-judge panel
- § 17-10-6.1. Punishment for serious violent offenders; authorization for reduction in mandatory minimum sentencing
- § 17-10-6.2. Punishment for sexual offenders
- § 17-10-6.3. Disposition of cases currently under review by three-judge panel; duties and responsibilities of the president of The Council of Superior Court Judges of Georgia with respect to abolishing the three-judge panel
- § 17-10-7. Punishment of repeat offenders; punishment and eligibility for parole of persons convicted of fourth felony offense
- § 17-10-8. Payment of fine in felony case; rebate or refund of fine not permitted upon revocation of probation
- § 17-10-8.1. Fee for legal defense services as condition of probation
- § 17-10-9. Specification by judge imposing sentence of time from which penal sentence to run; effect of appeal
- § 17-10-9.1. Voluntary surrender to county jail or correctional institution; release of defendant
- § 17-10-10. Concurrent sentences
- § 17-10-11. Granting of credit generally; exceptions; use in determining parole eligibility; applicability of Code section
- § 17-10-12. Affidavit specifying number of days spent in confinement; disposition of affidavit; granting of credit to defendant
- § 17-10-13. Legal adjudication of guilt in court having jurisdiction to precede assessment of punishment
- § 17-10-14. Committal of person under 17 convicted of felony
- § 17-10-15. AIDS transmitting crimes; requiring defendant to submit to HIV test; report of results
- § 17-10-16. Sentence to imprisonment for life without parole authorized; ineligibility for parole or leave programs
- § 17-10-16.1. Seeking death penalty not prerequisite to life without parole sentence
- § 17-10-17. Sentencing of defendants guilty of crimes involving bias or prejudice; identification of increased sentence
- § 17-10-18. Notification to seek enhanced penalty
- § 17-10-19. Determination of defendant’s guilt; object of the offense; enhancement of sentence
- § 17-10-20. Collection of fines and restitution in criminal cases
- § 17-10-21. [Effective July 1, 2026] Vacating of sentence for trafficking victim defendants
- § 17-10-22. Consideration of past violence or abuse against defendant during sentencing
