25 LC 48 1478
House Bill 535
By: Representatives Smith of the 18
th
, Hong of the 103
rd
, Leverett of the 123
rd
, Evans of the
57
th
, and Miller of the 62
nd
A BILL TO BE ENTITLED
AN ACT
To amend Code Section 42-8-38 of the Official Code of Georgia Annotated, relating to arrest
1
or graduated sanctions for probationers violating terms, hearing, disposition of charge, and 2
procedure when probation revoked in county other than that of conviction, so as to provide3
for credit for time served regarding probation revocation sentencing; to provide for related4
matters; to repeal conflicting laws; and for other purposes.5
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6
SECTION 1.7
Code Section 42-8-38 of the Official Code of Georgia Annotated, relating to arrest or8
graduated sanctions for probationers violating terms, hearing, disposition of charge, and 9
procedure when probation revoked in county other than that of conviction, is amended by10
revising subsection (c) as follows:11
"(c) After the hearing, the court may revoke, modify, or continue the probation. If the12
probation is revoked, the court may order the execution of the sentence originally imposed13
or of any portion thereof. In such event, the time that the defendant has served under14
probation shall be considered as time served and shall be deducted from and considered a15
part of the time he or she was originally sentenced to serve. Regarding any carceral
16
H. B. 535
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sentence imposed pursuant to a revocation of probation, a person shall be given full credit17
for time served for each day served in confinement since the date of the commission of the18
violation in accordance with Code Section 17-10-11, excluding any time tolled in19
accordance with Code Section 42-8-36."20
SECTION 2.21
All laws and parts of laws in conflict with this Act are repealed.22
H. B. 535
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