They WILL use guillotines

Georgia House of Representatives - 1995/1996 Sessions

HB 1274 - Death penalty; guillotine provisions

Page Numbers - 1/ 2

Code Sections - 17-10-38/ 17-10-44

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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:                                                                             

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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.