(a) The death penalty may be imposed for the offenses of aircraft hijacking or treason in any case.
(b) In all cases of other offenses for which the death penalty may be authorized, the judge shall consider, or he shall include in his instructions to the jury for it to consider, any mitigating circumstances or aggravating circumstances otherwise authorized by law and any of the following statutory aggravating circumstances which may be supported by the evidence:
(c) The statutory instructions as determined by the trial judge to be warranted by the evidence shall be given in charge and in writing to the jury for its deliberation. The jury, if its verdict is a recommendation of death, shall designate in writing, signed by the foreman of the jury, the aggravating circumstance or circumstances which it found beyond a reasonable doubt. In nonjury cases the judge shall make such designation. Except in cases of treason or aircraft hijacking, unless at least one of the statutory aggravating circumstances enumerated in subsection (b) of this Code section is so found, the death penalty shall not be imposed.
OCGA § 17-10-30
Amended by 2017 Ga. Laws 208,§ 4-1, eff. 7/1/2017.
Amended by 2012 Ga. Laws 709,§ VIII-8-11, eff. 7/1/2012.
Amended by 2006 Ga. Laws 571,§ 22, eff. 7/1/2006.
Amended by 2002 Ga. Laws 787, § 4, eff. 7/1/2002.
Amended by 2002 Ga. Laws 952, § 11, eff. 7/1/2002.