Section 38-2-489. Vacation of suspension; records; who may vacate

   (a) Prior to the vacation of the suspension of a special court-martial sentence which, as approved, includes a bad conduct discharge or of any general court-martial sentence, the officer having special court-martial jurisdiction over the probationer shall hold a hearing on the alleged violation of probation. If he so desires, the probationer shall be represented at the hearing either by counsel provided by him or by counsel provided for him at his request in the same manner as specified in Code Section 38-2-487.

(b) The record of the hearing and the recommendations of the officer having special court-martial jurisdiction shall be forwarded for action to the Governor in cases involving a general court-martial sentence and, in all other cases under subsection (a) of this Code section, to the commanding officer of the force of the organized militia of which the probationer is a member. If the Governor or the commanding officer vacates the suspension, the vacation shall be effective to execute any unexecuted portion of the sentence except a dismissal.

(c) The suspension of any other sentence may be vacated by any authority competent to convene, for the command in which the accused is serving or assigned, a court of the kind that imposed the sentence.

Ga. L. 1955, p. 10, § 60.68.