HB 1274 - Death penalty; guillotine provisions Georgia House of Representatives - 1995/1996 Sessions HB 1274 - Death penalty; guillotine provisions

Page Numbers - 1/ 2

1. Teper 61st

House Comm: SJudy / Senate Comm: / House Vote: Yeas Nays Senate Vote: Yeas Nays ---------------------------------------- House Action Senate ---------------------------------------- 1/12/96 Read 1st Time 1/22/96 Read 2nd Time ---------------------------------------- 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)