04 HB 1161 / AP House Bill 1161 ( AS PASSED HOUSE AND SENATE ) By : Representatives Powell of the 23 rd , Greene of the 134 th , DeLoach of the 127 th , Parham of the 94 th , Teper of the 42 nd , Post 1 , and others
A BILL TO BE ENTITLED AN ACT
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To amend Title 17 of the Official Code of Georgia Annotated , relating to criminal procedure , and Title 42 of the Official Code of Georgia Annotated , relating to penal institutions , so as to provide for comprehensive provisions regarding management of probationers ; to change certain provisions regarding suspension or probation of sentence ; to change certain provisions regarding documents required to be part of a sentence package ; to change certain provisions regarding the continuing jurisdiction of a sentencing judge over a probationer ; to change certain provisions regarding terms and conditions of probation ; to change certain conditions relating to community service ; to provide for implementation of a specialized continuum of probation supervision ; to provide for a short title ; to provide for definitions ; to provide for procedures , conditions , appeal , and limitations with respect to the sentencing options system ; to provide for powers , duties , and authority of the department of corrections , the commissioner of corrections , chief probation officers , and sentencing courts ; to provide for applicability and construction of such provisions ; to provide for automatic repeal ; to provide for an effective date ; to repeal conflicting laws ; and for other purposes .
15 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA :
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SECTION 1 . Title 17 of the Official Code of Georgia Annotated , relating to criminal procedure , is amended by striking paragraph ( 1 ) of subsection ( a ) of Code Section 17-10-1 , relating to the suspension or probation of sentence , and inserting in its place a new paragraph ( 1 ) to read as follows : "( a )( 1 ) Except in cases in which life imprisonment , life without parole , or the death penalty may be imposed , upon a verdict or plea of guilty in any case involving a misdemeanor or felony , and after a presentence hearing , the judge fixing the sentence shall prescribe a determinate sentence for a specific number of months or years which shall be in conformity with any mandatory minimum sentences required by law or shall be within the minimum and maximum sentences prescribed by law as the punishment for
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