1. Teper  61st



House Comm: SJudy      /                Senate Comm:            /                                   
House Vote: Yeas       Nays             Senate Vote: Yeas     Nays                                  
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               House          Action         Senate                                                 
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              1/12/96  Read 1st Time                                                                
              1/22/96  Read 2nd Time                                                                
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Code Sections amended:                                                                              

HB 1274                                            LC 21 3643






                        A BILL TO BE ENTITLED
                               AN ACT


  1- 1  To amend Article 2 of Chapter 10 of Title 17 of the Official
  1- 2  Code of Georgia Annotated, relating to the death penalty
  1- 3  generally, so as to provide a statement of legislative
  1- 4  policy; to provide for death by guillotine; to provide for
  1- 5  applicability; to repeal conflicting laws; and for other
  1- 6  purposes.

  1- 7       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

                         SECTION 1.

  1- 8  The General Assembly finds that while prisoners condemned to
  1- 9  death may wish to donate one or more of their organs for
  1-10  transplant, any such desire is thwarted by the fact that
  1-11  electrocution makes all such organs unsuitable for
  1-12  transplant. The intent of the General Assembly in enacting
  1-13  this legislation is to provide for a method of execution
  1-14  which is compatible with the donation of organs by a
  1-15  condemned prisoner.

                         SECTION 2.

  1-16  Article 2 of Chapter 10 of Title 17 of the Official Code of
  1-17  Georgia Annotated, relating to the death penalty generally,
  1-18  is amended by striking in its entirety Code Section
  1-19  17-10-38, relating to death sentences generally, and
  1-20  inserting in lieu thereof the following:

  1-21    "17-10-38. (Index)

  1-22    (a) All persons who have been convicted of a capital
  1-23    offense and have had imposed upon them a sentence of death
  1-24    shall, at the election of the condemned, suffer such
  1-25    punishment either by electrocution or by guillotine.  If
  1-26    the condemned fails to make an election by the thirtieth
  1-27    day preceding the date scheduled for execution, punishment
  1-28    shall be by electrocution.

  1-29    (b) In all cases in which the defendant is sentenced to be
  1-30    electrocuted executed, it shall be the duty of the trial
  1-31    judge in passing sentence to direct that the defendant be


                                 -1- (Index)

                                                  LC 21 3643

  2- 1    delivered to the Department of Corrections for
  2- 2    electrocution execution at a state correctional
  2- 3    institution designated by the department."

                         SECTION 3.

  2- 4  Said article is further amended by striking in its entirety
  2- 5  Code Section 17-10-44, relating to death chamber apparatus
  2- 6  and related matters, and inserting in lieu thereof the
  2- 7  following:

  2- 8    "17-10-44. (Index)

  2- 9    The Department of Corrections shall provide a death
  2-10    chamber and all necessary apparatus, machinery, and
  2-11    appliances for inflicting the penalty of death by
  2-12    electrocution or by guillotine."

                         SECTION 4.

  2-13  This Act shall be applicable to all executions occurring on
  2-14  or after August 31, 1996.

                         SECTION 5.

  2-15  All laws and parts of laws in conflict with this Act are
  2-16  repealed.


                                 -2- (Index)