"40-6-393.
(a) Any person who, without malice aforethought, causes the death of
another person through the violation of subsection (a) of Code Section
40-6-163 or subsection (b) of Code Section 40-6-270 or Code Section 40-6-390
or 40-6-391 or subsection (a) of Code Section 40-6-395 commits the offense of
homicide by vehicle in the first degree and, upon conviction thereof, shall be
punished by imprisonment for not less than two years nor more than 15 years
[A> ; provided, however, that where the death is caused through a violation of
Code Section 40-6-391, said offense shall be punished by imprisonment for not
less than 25 years, by imprisonment for life, or by death. For purposes of the
jury considering aggravating circumstances required for imposition of the
sentence of death, said offense shall be considered murder, and an additional
available aggravating circumstance relative to said offense shall be that the
defendant knowingly and intentionally violated Code Section 40-6-391 <A] .
(b) Any person who causes the death of another person, without an
intention to do so, by violating any provision of this title other than
subsection (a) of Code Section 40-6-163 or subsection (b) of Code Section
40-6-270 or Code Section 40-6-390 or 40-6-391 or subsection (a) of Code
Section 40-6-395 commits the offense of homicide by vehicle in the second
degree when such violation is the cause of said death and, upon conviction
thereof, shall be punished as provided in Code Section 17-10-3.
17-10-3.
(a) Except as otherwise provided by law, every crime declared to be
a misdemeanor shall be punished as follows:
(1) By a fine not to exceed $1,000.00 or by confinement in the
county or other jail, county correctional institution, or such
other places as counties may provide for maintenance of county
inmates, for a total term not to exceed 12 months, or both;
(2) By confinement under the jurisdiction of the Board of
Corrections in a state probation detention center or diversion
center pursuant to Code Sections 42-8-35.4 and 42-8-35.5, for a
determinate term of months which shall not exceed a total term of
12 months; or
(3) If the crime was committed by an inmate within the confines of
a state correctional institution, by confinement under the
jurisdiction of the Board of Corrections in a state correctional
institution or such other institution as the Department of
Corrections may direct for a term which shall not exceed 12
months.
(b) Either the punishment provided in paragraph (1) or (2) of
subsection (a) of this Code section, but not both, may be imposed in
the discretion of the sentencing judge. Misdemeanor punishment
imposed under either paragraph may be subject to suspension or
probation. The sentencing courts shall retain jurisdiction to
amend, modify, alter, suspend, or probate sentences under paragraph
(1) of subsection (a) of this Code section at any time, but in no
instance shall any sentence under the paragraph be modified in a
manner to place a county inmate under the jurisdiction of the Board
of Corrections, except as provided in paragraph (2) of subsection
(a) of this Code section.
(c) In all misdemeanor cases in which, upon conviction, a six-month
sentence or less is imposed, it is within the authority and
discretion of the sentencing judge to allow the sentence to be
served on weekends by weekend confinement or during the nonworking
hours of the defendant. A weekend shall commence and shall end in
the discretion of the sentencing judge, and the nonworking hours of
the defendant shall be determined in the discretion of the
sentencing judge; provided, however, that the judge shall retain
plenary control of the defendant at all times during the sentence
period. A weekend term shall be counted as serving two days of the
full sentence. Confinement during the nonworking hours of a
defendant during any day may be counted as serving a full day of the
sentence.
(d) In addition to or instead of any other penalty provided for the
punishment of a misdemeanor involving a traffic offense, or
punishment of a municipal ordinance involving a traffic offense,
with the exception of habitual offenders sentenced under Code
Section 17-10-7, a judge may impose any one or more of the following
sentences:
(1) Reexamination by the Department of Public Safety when the
judge has good cause to believe that the convicted licensed driver
is incompetent or otherwise not qualified to be licensed;
(2) Attendance at, and satisfactory completion of, a driver
improvement course meeting standards approved by the court;
(3) Within the limits of the authority of the charter powers of a
municipality or the punishment prescribed by law in other courts,
imprisonment at times specified by the court or release from
imprisonment upon such conditions and at such times as may be
specified; or
(4) Probation or suspension of all or any part of a penalty upon
such terms and conditions as may be prescribed by the judge. The
conditions may include driving with no further motor vehicle
violations during a specified time unless the driving privileges
have been or will be otherwise suspended or revoked by law;
reporting periodically to the court or a specified agency; and
performing, or refraining from performing, such acts as may be
ordered by the judge.
(e) Any sentence imposed under subsection (d) of this Code section
shall be reported to the Department of Public Safety as prescribed
by law.
(f) The Department of Corrections shall lack jurisdiction to
supervise misdemeanor offenders, except when the sentence is made
concurrent to a probated felony sentence or when the sentence is
accepted pursuant to Code Section 42-9-71. Except as provided in
this subsection, the Department of Corrections shall lack
jurisdiction to confine misdemeanor offenders.
(g) This Code section will have no effect upon any offender
convicted of a misdemeanor offense prior January 1, 2001, and
sentenced to confinement under the jurisdiction of the Board of
Corrections or to the supervision of the Department of Corrections
Cut & pasted from GA code laws. Get a lawyer.
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