(a) In determining whether to probate all or any part of any sentence of confinement in any felony, misdemeanor, or ordinance violation case, the sentencing court shall be authorized to make inquiry into whether the person to be sentenced is lawfully present in the United States under federal law.(b) If the court determines that the person to be sentenced is not lawfully present in the United States, the court shall be authorized to make inquiry into whether the person to be sentenced would be legally subject to deportation from the United States while serving a probated sentence.(c) If the court determines that the person to be sentenced would be legally subject to deportation from the United States while serving a probated sentence, the court may:
(1) Consider the interest of the state in securing certain and complete execution of its judicial sentences in criminal and quasi-criminal cases;(2) Consider the likelihood that deportation may intervene to frustrate that state interest if probation is granted; and(3) Where appropriate, decline to probate a sentence in furtherance of the state interest in certain and complete execution of sentences.(d) This Code section shall apply with respect to a judicial determination as to whether to suspend all or any part of a sentence of confinement in the same manner as this Code section applies to determinations with respect to probation.
OCGA § 17-10-1.3
Amended by 2008 Ga. Laws 471,§ 17, eff. 5/12/2008.Added by 2007 Ga. Laws 13,§ 1, eff. 5/11/2007.
