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 b
