(Ga. L. 1956, p. 27, § 11; Ga. L. 1972, p. 604, § 9; Ga. L. 1985, p. 516, § 1; Ga. L. 2012, p. 899, § 7-10/HB 1176; Ga. L. 2015, p. 422, § 4-1/HB 310; Ga. L. 2017, p. 585, § 2-8/SB 174; Ga. L. 2018, p. 550, § 2-13/SB 407.)
The 2012 amendment, effective July 1, 2012, in subsection (a), substituted "probated portion of a sentence" for "period of probation", inserted "that" near the middle, and inserted "or she" near the end; designated the former second sentence of subsection (a) as present subsection (b); redesignated former subsection (b) as present subsection (c), and, in subsection (c), substituted "The" for "Upon the request of the chief judge of the court from which said person was sentenced, the" in the first sentence, in the second sentence, substituted "Each" for "Upon the request of the chief judge of the court from which said person was sentenced, each", and deleted ", or more often if required," following "thereafter". See Editor's notes for applicability.
The 2015 amendment, effective July 1, 2015, substituted "interest" for "interests" in subsection (b); in subsection (c), in the first sentence, substituted "officer responsible for such case" for "probation supervisor responsible for that case" and substituted "officer's" for "supervisor's" near the end. See Editor's notes for applicability.
The 2017 amendment, effective July 1, 2017, designated the existing provisions of subsection (c) as paragraph (c)(1); in paragraph (c)(1), in the first sentence, substituted "three years or more" for "more than two years" near the beginning and substituted "three years" for "two years" near the middle, and added the last sentence; added paragraph (c)(2); and added subsection (d).
The 2018 amendment, effective July 1, 2018, added the second sentence of paragraph (d)(2).
Editor's notes.- Ga. L. 2012, p. 899, § 9-1(a)/HB 1176, not codified by the General Assembly, provides: "This Act shall become effective on July 1, 2012, and shall apply to offenses which occur on or after that date. Any offense occurring before July 1, 2012, shall be governed by the statute in effect at the time of such offense and shall be considered a prior conviction for the purpose of imposing a sentence that provides for a different penalty for a subsequent conviction for the same type of offense, of whatever degree or level, pursuant to this Act."
Ga. L. 2015, p. 422, § 6-1/HB 310, not codified by the General Assembly, provides that: "This Act shall become effective July 1, 2015, and shall apply to sentences entered on or after such date."
Law reviews.- For article on the 2012 amendment of this Code section, see 29 Ga. St. U. L. Rev. 290 (2012). For article on the 2015 amendment of this Code section, see 32 Ga. St. U. L. Rev. 231 (2015). For article on the 2017 amendment of this Code section, see 34 Ga. St. U. L. Rev. 115 (2017). For article on the 2018 amendment of this Code section, see 35 Ga. St. U. L. Rev. 45 (2018). For annual survey on criminal law, see 70 Mercer L. Rev. 63 (2018).
JUDICIAL DECISIONS
Formalization of "discharge" unnecessary.
- "Discharge" of a non-first-offender probationer is automatic upon the successful completion of the terms of the sentence and is not dependent upon the subsequent formalization of that successful completion. State v. Mills, 268 Ga. 873, 495 S.E.2d 1 (1998).
Effect of completing first-offender probationary sentence.
- Because the defendant had completed a three-year first-offender probationary sentence and had been discharged without court adjudication of guilt pursuant to O.C.G.A. § 42-8-62 at the time the probationer allegedly violated O.C.G.A. § 16-11-131, the trial court properly dismissed the charge. State v. Mills, 268 Ga. 873, 495 S.E.2d 1 (1998).
RESEARCH REFERENCES
Am. Jur. 2d.
- 21 Am. Jur. 2d, Criminal Law, §§ 526-536.
C.J.S.- 24 C.J.S., Criminal Law, §§ 2144-2161.
ALR.- Governor's authority to remit forfeited bail bond, 77 A.L.R.2d 988.