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HB 1059/AP

House Bill 1059 (AS PASSED HOUSE AND SENATE)
By: Representatives Keen of the 179 th , Ralston of the 7 th , Burkhalter of the 50 th , Freeman of
the 140 th , Thomas of the 55 th , and others

A BILL TO BE ENTITLED
AN ACT

1

To amend Titles 16, 17, 35, and 42 of the Official Code of Georgia Annotated, relating

2

respectively to crimes and offenses, criminal procedure, law enforcement officers and

3

agencies, and penal institutions, so as to change provisions relating to sexual offenders; to

4

change punishment provisions, registration requirements, and residency requirements for

5

sexual offenders; to provide for legislative findings; to change punishment provisions related

6

to aggravated assault with the intent to rape; to change punishment provisions related to

7

kidnapping; to change punishment provisions related to false imprisonment; to change

8

punishment provisions related to rape; to change certain provisions relating to sodomy and

9

aggravated sodomy; to provide for lesser punishment for certain sexual offenses committed

10

by persons of certain ages; to change certain provisions relating to statutory rape; to change

11

certain provisions relating to child molestation and aggravated child molestation; to change

12

certain provisions relating to enticing a child for indecent purposes; to change certain

13

provisions relating to persons convicted of sexual assault against persons in custody; to

14

change certain provisions relating to incest; to change certain provisions relating to sexual

15

battery; to change certain provisions relating to aggravated sexual battery; to change certain

16

restrictions on granting an appeal bond; to allow for judicial discretion for mandatory

17

minimum sentences under certain circumstances; to create a new crime involving

18

withholding information concerning a sexual offender and provide for penalties; to change

19

a provision relating to the fixing of a sentence by a judge; to change certain provisions

20

relating to punishment of serious violent offenders and increase the mandatory minimum

21

term of imprisonment for certain offenses; to require persons convicted of certain sexual

22

crimes to receive a mandatory split sentence including a minimum sentence of imprisonment;

23

to add a provision relating to statutory aggravating circumstances for the imposition of the

24

death penalty; to require the Georgia Crime Information Center to collect certain data; to

25

provide that notice of conviction and release of a person who is required to register as a

26

sexual offender shall be made for offenders sentenced directly to probation or who are newly

27

established residents in a county; to permit publication of such notice in the legal organ of
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the county in which such person resides based on information available; to reorganize and

2

change provisions related to the State Sexual Offender Registry; to change and add certain

3

definitions; to change provisions relating to registration requirements for sexual offenders;

4

to provide for an annual registration fee; to provide that sexual offenders register prior to

5

release from prison; to require each sheriff to maintain and update a list of all sexual

6

offenders residing in the county; to provide for duties and responsibilities for sheriffs, the

7

Department of Corrections, the Georgia Bureau of Investigation, and sexual offenders; to

8

require registered sexual offenders to verify required registration information with the sheriff

9

whenever any changes occur to certain information and verify information at least annually

10

within 72 hours of the sexual offender's birthday; to increase the duration for registration

11

requirement; to provide for a procedure for certain sexual offenders to petition a court to be

12

relieved of registration requirements; to require the sheriff to notify certain people and

13

entities of the presence of sexual offenders in their community; to increase punishment for

14

failure to comply with registration requirements; to change the appointing authority for the

15

Sexual Offender Registration Review Board; to require the Sexual Offender Registration

16

Review Board to classify sexual offenders; to require sexually dangerous predators to wear

17

an electronic monitoring system for the balance of his or her life and to pay for such system;

18

to require sexually dangerous predators to update required registration information twice

19

yearly; to provide for employment restrictions for sexual offenders; to prohibit sexual

20

offenders from loitering in certain locations; to correct cross-references; to change provisions

21

relating to sexual offenders conditions for parole; to change provisions relating to chemical

22

treatment and counseling as a condition of parole for child molesters; to amend Title 5 of the

23

Official Code of Georgia Annotated, relating to appeal and error, so as to allow the state and

24

the defendant the right of direct appeal under certain circumstances; to provide for other

25

related matters; to provide for an effective date and applicability; to repeal conflicting laws;

26

and for other purposes.

27

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

28

SECTION 1.

29

The General Assembly finds and declares that recidivist sexual offenders, sexual offenders

30

who use physical violence, and sexual offenders who prey on children are sexual predators

31

who present an extreme threat to the public safety. Many sexual offenders are extremely

32

likely to use physical violence and to repeat their offenses; and some sexual offenders

33

commit many offenses, have many more victims than are ever reported, and are prosecuted

34

for only a fraction of their crimes. The General Assembly finds that this makes the cost of
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sexual offender victimization to society at large, while incalculable, clearly exorbitant. The

2

General Assembly further finds that the high level of threat that a sexual predator presents

3

to the public safety, and the long-term effects suffered by victims of sex offenses, provide

4

the state with sufficient justification to implement a strategy that includes:

5

(1) Incarcerating sexual offenders and maintaining adequate facilities to ensure that

6

decisions to release sexual predators into the community are not made on the basis of

7

inadequate space;

8

(2) Requiring the registration of sexual offenders, with a requirement that complete and

9

accurate information be maintained and accessible for use by law enforcement

10

authorities, communities, and the public;

11

(3) Providing for community and public notification concerning the presence of sexual

12

offenders;

13

(4) Collecting data relative to sexual offenses and sexual offenders;

14

(5) Requiring sexual predators who are released into the community to wear an electronic

15

monitoring system for the rest of their natural life and to pay for such system; and

16

(6) Prohibiting sexual predators from working with children, either for compensation or

17

as a volunteer.

18

The General Assembly further finds that the state has a compelling interest in protecting the

19

public from sexual offenders and in protecting children from predatory sexual activity, and

20

there is sufficient justification for requiring sexual offenders to register and for requiring

21

community and public notification of the presence of sexual offenders. The General

22

Assembly declares that in order to protect the public, it is necessary that the sexual offenders

23

be registered and that members of the community and the public be notified of a sexual

24

offender's presence. The designation of a person as a sexual offender is neither a sentence

25

nor a punishment but simply a regulatory mechanism and status resulting from the conviction

26

of certain crimes. Likewise, the designation of a person as a sexual predator is neither a

27

sentence nor a punishment but simply a regulatory mechanism and status resulting from

28

findings by the Sexual Offender Registration Review Board and a court if requested by a

29

sexual offender.

30

SECTION 2.

31

Title 5 of the Official Code of Georgia Annotated, relating to appeal and error, is amended

32

by striking subsection (a) of Code Section 5-6-34, relating to judgments and rulings deemed

33

directly appealable, and inserting in lieu thereof the following:

34

"(a) Appeals may be taken to the Supreme Court and the Court of Appeals from the

35

following judgments and rulings of the superior courts, the constitutional city courts, and
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such other courts or tribunals from which appeals are authorized by the Constitution and

2

laws of this state:

3

(1) All final judgments, that is to say, where the case is no longer pending in the court

4

below, except as provided in Code Section 5-6-35;

5

(2) All judgments involving applications for discharge in bail trover and contempt cases;

6

(3) All judgments or orders directing that an accounting be had;

7

(4) All judgments or orders granting or refusing applications for receivers or for

8

interlocutory or final injunctions;

9

(5) All judgments or orders granting or refusing applications for attachment against

10

fraudulent debtors;

11

(5.1)(6) Any ruling on a motion which would be dispositive if granted with respect to a

12

defense that the action is barred by Code Section 16-11-184;

13

(6)(7) All judgments or orders granting or refusing to grant mandamus or any other

14

extraordinary remedy, except with respect to temporary restraining orders;

15

(7)(8) All judgments or orders refusing applications for dissolution of corporations

16

created by the superior courts;

17

(8)(9) All judgments or orders sustaining motions to dismiss a caveat to the probate of

18

a will; and

19

(9)(10) All final judgments of child support; and

20

(11)

21

17-10-6.2."

All judgments or orders entered pursuant to subsection (c) of Code Section

22

SECTION 3.

23

Said title is further amended by striking subsection (a) of Code Section 5-7-1, relating to

24

orders, decisions, or judgments appealable by the state, and inserting in lieu thereof the

25

following:

26

"(a) An appeal may be taken by and on behalf of the State of Georgia from the superior

27

courts, state courts, City Court of Atlanta, and juvenile courts and such other courts from

28

which a direct appeal is authorized to the Court of Appeals of Georgia and the Supreme

29

Court of Georgia in criminal cases and adjudication of delinquency cases in the following

30

instances:

31

(1) From an order, decision, or judgment setting aside or dismissing any indictment,

32

accusation, or petition alleging that a child has committed a delinquent act or any count

33

thereof;

34

(2)

35

adjudication of delinquency upon legal grounds;

From an order, decision, or judgment arresting judgment of conviction or

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(3) From an order, decision, or judgment sustaining a plea or motion in bar, when the

2

defendant has not been put in jeopardy;

3

(4) From an order, decision, or judgment suppressing or excluding evidence illegally

4

seized or excluding the results of any test for alcohol or drugs in the case of motions

5

made and ruled upon prior to the impaneling of a jury or the defendant being put in

6

jeopardy, whichever occurs first;

7

(5) From an order, decision, or judgment of a court where the court does not have

8

jurisdiction or the order is otherwise void under the Constitution or laws of this state;

9

(6) From an order, decision, or judgment of a superior court transferring a case to the

10

juvenile court pursuant to subparagraph (b)(2)(B) of Code Section 15-11-28;

11

(7) From an order, decision, or judgment of a superior court granting a motion for new

12

trial or an extraordinary motion for new trial; or

13

(8) From an order, decision, or judgment denying a motion by the state to recuse or

14

disqualify a judge made and ruled upon prior to the defendant being put in jeopardy; or

15

(9) From an order, decision, or judgment issued pursuant to subsection (c) of Code

16

Section 17-10-6.2."

17

SECTION 4.

18

Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is

19

amended by striking Code Section 16-5-21, relating to aggravated assault, and inserting in

20

lieu thereof the following:

21

"16-5-21.

22

(a) A person commits the offense of aggravated assault when he or she assaults:

23

(1) With intent to murder, to rape, or to rob;

24

(2) With a deadly weapon or with any object, device, or instrument which, when used

25

offensively against a person, is likely to or actually does result in serious bodily injury;

26

or

27

(3) A person or persons without legal justification by discharging a firearm from within

28

a motor vehicle toward a person or persons.

29

(b) Except as provided in subsections (c) through (i) (k) of this Code section, a person

30

convicted of the offense of aggravated assault shall be punished by imprisonment for not

31

less than one nor more than 20 years.

32

(c) A person who knowingly commits the offense of aggravated assault upon a peace

33

officer while the peace officer is engaged in, or on account of the performance of, his or

34

her official duties shall, upon conviction thereof, be punished by imprisonment for not less

35

than five nor more than 20 years.
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(d) Any person who commits the offense of aggravated assault against a person who is 65

2

years of age or older shall, upon conviction thereof, be punished by imprisonment for not

3

less than three nor more than 20 years.

4

(e)(1)

5

superintendents, wardens, deputy wardens, guards, and correctional officers of state,

6

county, and municipal penal institutions who are certified by the Georgia Peace Officer

7

Standards and Training Council pursuant to Chapter 8 of Title 35 and employees of the

8

Department of Juvenile Justice who are known to be employees of the department or who

9

have given reasonable identification of their employment. The term 'correctional officer'

10

shall also include county jail officers who are certified or registered by the Georgia Peace

11

Officer Standards and Training Council pursuant to Chapter 8 of Title 35.

12

(2)

13

correctional officer while the correctional officer is engaged in, or on account of the

14

performance of, his or her official duties shall, upon conviction thereof, be punished by

15

imprisonment for not less than five nor more than 20 years.

As used in this subsection, the term 'correctional officer' shall include

A person who knowingly commits the offense of aggravated assault upon a

16

(f) Any person who commits the offense of aggravated assault in a public transit vehicle

17

or station shall, upon conviction thereof, be punished by imprisonment for not less than

18

three nor more than 20 years. For purposes of this Code section, 'public transit vehicle' has

19

the same meaning as in subsection (c) of Code Section 16-5-20.

20

(f.1)(g) Any person who commits the offense of aggravated assault upon a person in the

21

course of violating Code Section 16-8-2 where the property that was the subject of the theft

22

was a vehicle engaged in commercial transportation of cargo or any appurtenance thereto,

23

including without limitation any such trailer, semitrailer, container, or other associated

24

equipment, or the cargo being transported therein or thereon, shall upon conviction be

25

punished by imprisonment for not less than five years nor more than 20 years, a fine not

26

less than $50,000.00 nor more than $200,000.00, or both such fine and imprisonment. For

27

purposes of this subsection, the term 'vehicle' includes without limitation any railcar.

28

(g)(h) A person convicted of an offense described in paragraph (3) of subsection (a) of this

29

Code section shall be punished by imprisonment for not less than five nor more than 20

30

years.

31

(h)(i) Any person who commits the offense of aggravated assault involving the use of a

32

firearm upon a student or teacher or other school personnel within a school safety zone as

33

defined in paragraph (1) of subsection (a) of Code Section 16-11-127.1 shall, upon

34

conviction thereof, be punished by imprisonment for not less than five nor more than 20

35

years.

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(i)(j) If the offense of aggravated assault is committed between past or present spouses,

2

persons who are parents of the same child, parents and children, stepparents and

3

stepchildren, foster parents and foster children, or other persons excluding siblings living

4

or formerly living in the same household, the defendant shall be punished by imprisonment

5

for not less than three nor more than 20 years.

6

(k) Any person who commits the offense of aggravated assault with intent to rape against

7

a child under the age of 14 years shall be punished by imprisonment for not less than 25 nor

8

more than 50 years. Any person convicted under this subsection shall, in addition, be

9

subject to the sentencing and punishment provisions of Code Section 17-10-6.2."

10

SECTION 5.

11

Said title is further amended by striking Code Section 16-5-40, relating to kidnapping, and

12

inserting in lieu thereof the following:

13

"16-5-40.

14

(a) A person commits the offense of kidnapping when he abducts or steals away any

15

person without lawful authority or warrant and holds such person against his will.

16

(b) A person convicted of the offense of kidnapping shall be punished by:

17

(1) Imprisonment imprisonment for not less than ten nor more than 20 years, provided

18

that a person convicted of the offense of kidnapping for ransom shall be punished by if

19

the kidnapping involved a victim who was14 years of age or older;

20

(2) Imprisonment for life or by a split sentence that is a term of imprisonment for not less

21

than 25 years and not exceeding life imprisonment, followed by probation for life, if the

22

kidnapping involved a victim who is less than 14 years of age;

23

(3) Life life imprisonment or by death and provided, further, that, if the person kidnapped

24

shall have received bodily injury, the person convicted shall be punished by if the

25

kidnapping was for ransom; or

26

(4) Life life imprisonment or by death if the person kidnapped received bodily injury.

27

(c) Any person convicted under this Code section shall, in addition, be subject to the

28

sentencing and punishment provisions of Code Sections 17-10-6.1 and 17-10-7."

29

SECTION 6.

30

Said title is further amended by striking Code Section 16-5-41, relating to false

31

imprisonment, and inserting in lieu thereof the following:

32

"16-5-41.

33

(a) A person commits the offense of false imprisonment when, in violation of the personal

34

liberty of another, he arrests, confines, or detains such person without legal authority.
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(b) A person convicted of the offense of false imprisonment shall be punished by

2

imprisonment for not less than one nor more than ten years.

3

(c) Any person convicted under this Code section wherein the victim is not the child of the

4

defendant and the victim is less than 14 years of age shall, in addition, be subject to the

5

sentencing and punishment provisions of Code Section 17-10-6.2."

6

SECTION 7.

7

Said title is further amended by striking subsection (a) of Code Section 16-5-110, relating

8

to the publication of notices and information required for registered sex offenders,

9

assessment for costs, and certain immunity, and inserting in lieu thereof the following:

10

"(a) When a person who has been convicted of a crime for which that person is required

11

to register under Code Section 42-1-12 makes his or her first report to a sheriff after such

12

person 's release from confinement, placement on probation, or upon establishing residency

13

in the county, the sheriff shall cause to be published a notice of conviction and release from

14

confinement of such person. Such notice shall be published in the manner of legal notices

15

in the legal organ of the county in which person resides. Such notice shall be one column

16

wide by two inches long and shall contain the photograph taken by the arresting law

17

enforcement agency at the time of arrest; or a subsequent photograph, the name and address

18

of the convicted person, and; if available, the date, time, place of arrest,; and the disposition

19

of the case. The notice and shall be published at or near the time the person registers with

20

the sheriff at least once, and, at the sheriff 's option, may be published more than once, in

21

the legal organ of the appropriate county in the second week following such person 's

22

release from confinement or as soon thereafter as publication may be made. The notice

23

shall include the address of the Georgia Bureau of Investigation website for additional

24

information regarding the sexual offender registry."

25

SECTION 8.

26

Said title is further amended by striking Code Section 16-6-1, relating to rape, and inserting

27

in lieu thereof the following:

28

"16-6-1.

29

(a) A person commits the offense of rape when he has carnal knowledge of:

30

(1) A female forcibly and against her will; or

31

(2) A female who is less than ten years of age.

32

Carnal knowledge in rape occurs when there is any penetration of the female sex organ by

33

the male sex organ. The fact that the person allegedly raped is the wife of the defendant

34

shall not be a defense to a charge of rape.
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(b) A person convicted of the offense of rape shall be punished by death, by imprisonment

2

for life without parole, by imprisonment for life, or by a split sentence that is a term of

3

imprisonment for not less than ten nor more than 20 25 years and not exceeding life

4

imprisonment, followed by probation for life. Any person convicted under this Code

5

section shall, in addition, be subject to the sentencing and punishment provisions of Code

6

Sections 17-10-6.1 and 17-10-7.

7

(c) When evidence relating to an allegation of rape is collected in the course of a medical

8

examination of the person who is the victim of the alleged crime, the law enforcement

9

agency investigating the alleged crime shall be responsible for the cost of the medical

10

examination to the extent that expense is incurred for the limited purpose of collecting

11

evidence."

12

SECTION 9.

13

Said title is further amended by striking Code Section 16-6-2, relating to sodomy and

14

aggravated sodomy, and inserting in lieu thereof the following:

15

"16-6-2.

16

(a)(1) A person commits the offense of sodomy when he or she performs or submits to

17

any sexual act involving the sex organs of one person and the mouth or anus of another.

18

(2) A person commits the offense of aggravated sodomy when he or she commits

19

sodomy with force and against the will of the other person or when he or she commits

20

sodomy with a person who is less than ten years of age. The fact that the person allegedly

21

sodomized is the spouse of a defendant shall not be a defense to a charge of aggravated

22

sodomy.

23

(b)(1) Except as provided in subsection (d) of this Code section, a A person convicted

24

of the offense of sodomy shall be punished by imprisonment for not less than one nor

25

more than 20 years and shall be subject to the sentencing and punishment provisions of

26

Code Section 17-10-6.2.

27

(2) A person convicted of the offense of aggravated sodomy shall be punished by

28

imprisonment for life or by a split sentence that is a term of imprisonment for not less

29

than ten nor more than 30 25 years and not exceeding life imprisonment, followed by

30

probation for life. Any person convicted under this Code section of the offense of

31

aggravated sodomy shall, in addition, be subject to the sentencing and punishment

32

provisions of Code Sections 17-10-6.1 and 17-10-7.

33

(c) When evidence relating to an allegation of aggravated sodomy is collected in the course

34

of a medical examination of the person who is the victim of the alleged crime, the law

35

enforcement agency investigating the alleged crime shall be financially responsible for the
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cost of the medical examination to the extent that expense is incurred for the limited

2

purpose of collecting evidence.

3

(d) If the victim is at least 13 but less than 16 years of age and the person convicted of

4

sodomy is 18 years of age or younger and is no more than four years older than the victim,

5

such person shall be guilty of a misdemeanor and shall not be subject to the sentencing and

6

punishment provisions of Code Section 17-10-6.2."

7

SECTION 10.

8

Said title is further amended by striking Code Section 16-6-3, relating to statutory rape, and

9

inserting in lieu thereof the following:

10

"16-6-3.

11

(a) A person commits the offense of statutory rape when he or she engages in sexual

12

intercourse with any person under the age of 16 years and not his or her spouse, provided

13

that no conviction shall be had for this offense on the unsupported testimony of the victim.

14

(b) Except as provided in subsection (c) of this Code section, a A person convicted of the

15

offense of statutory rape shall be punished by imprisonment for not less than one nor more

16

than 20 years; provided, however, that if the person so convicted is 21 years of age or older,

17

such person shall be punished by imprisonment for not less than ten nor more than 20

18

years; provided, further, that if. Any person convicted under this subsection of the offense

19

of statutory rape shall, in addition, be subject to the sentencing and punishment provisions

20

of Code Section 17-10-6.2.

21

(c) If the victim is 14 or 15 at least 14 but less than 16 years of age and the person so

22

convicted of statutory rape is 18 years of age or younger and is no more than three four

23

years older than the victim, such person shall be guilty of a misdemeanor."

24

SECTION 11.

25

Said title is further amended by striking Code Section 16-6-4, relating to child molestation

26

and aggravated child molestation, and inserting in lieu thereof the following:

27

"16-6-4.

28

(a) A person commits the offense of child molestation when he or she does any immoral

29

or indecent act to or in the presence of or with any child under the age of 16 years with the

30

intent to arouse or satisfy the sexual desires of either the child or the person.

31

(b)(1) Except as provided in paragraph (2) of this subsection, a A person convicted of

32

a first offense of child molestation shall be punished by imprisonment for not less than

33

five nor more than 20 years and shall be subject to the sentencing and punishment

34

provisions of Code Sections 17-10-6.2 and 17-10-7. Upon such first conviction of the
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offense of child molestation, the judge may probate the sentence; and such probation may

2

be upon the special condition that the defendant undergo a mandatory period of

3

counseling administered by a licensed psychiatrist or a licensed psychologist. However,

4

if the judge finds that such probation should not be imposed, he or she shall sentence the

5

defendant to imprisonment; provided, further, that upon a defendant's Upon a defendant

6

being incarcerated on a conviction for such a first offense, the Department of Corrections

7

shall provide counseling to such defendant. Except as provided in paragraph (2) of this

8

subsection, upon Upon a second or subsequent conviction of an offense of child

9

molestation, the defendant shall be punished by imprisonment for not less than ten years

10

nor more than 30 years or by imprisonment for life and shall be subject to the sentencing

11

and punishment provisions of Code Sections 17-10-6.2 and 17-10-7; provided, however,

12

that prior to trial, a defendant shall be given notice, in writing, that the state intends to

13

seek a punishment of life imprisonment. Adjudication of guilt or imposition of sentence

14

for a conviction of a second or subsequent offense of child molestation, including a plea

15

of nolo contendere, shall not be suspended, probated, deferred, or withheld.

16

(2) If the victim is at least 14 but less than 16 years of age and the person convicted of

17

child molestation is 18 years of age or younger and is no more than four years older than

18

the victim, such person shall be guilty of a misdemeanor and shall not be subject to the

19

sentencing and punishment provisions of Code Section 17-10-6.2.

20

(c) A person commits the offense of aggravated child molestation when such person

21

commits an offense of child molestation which act physically injures the child or involves

22

an act of sodomy.

23

(d)(1) Except as provided in paragraph (2) of this subsection, a A person convicted of

24

the offense of aggravated child molestation shall be punished by imprisonment for life

25

or by a split sentence that is a term of imprisonment for not less than ten nor more than

26

30 25 years and not exceeding life imprisonment, followed by probation for life,. Any

27

person convicted under this Code section of the offense of aggravated child molestation

28

shall, in addition, and shall be subject to the sentencing and punishment provisions of

29

Code Sections 17-10-6.1 and 17-10-7.

30

(2) A person convicted of the offense of aggravated child molestation when:

31

(A) The victim is at least 13 but less than 16 years of age;

32

(B) The person convicted of aggravated child molestation is 18 years of age or younger

33

and is no more than four years older than the victim; and

34

(C) The basis of the charge of aggravated child molestation involves an act of sodomy

35

shall be guilty of a misdemeanor and shall not be subject to the sentencing and punishment

36

provisions of Code Section 17-10-6.1.
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(2)

2

aggravated child molestation when the victim is 16 years of age or younger at the time

3

of the offense is authorized to require, before sentencing, that the defendant undergo a

4

psychiatric evaluation to ascertain whether or not medroxyprogesterone acetate chemical

5

treatment or its equivalent would be effective in changing the defendant's behavior. If

6

it is determined by a qualified mental health professional that such treatment would be

7

effective, the court may require, as a condition of probation and upon provisions arranged

8

between the court and the defendant, the defendant to undergo medroxyprogesterone

9

acetate treatment or its chemical equivalent which must be coupled with treatment by a

10

qualified mental health professional. In case of a person sentenced to probation who is

11

required to undergo such treatment or its chemical equivalent and is in the custody of a

12

law enforcement agency or confined in a jail at the time of sentencing, when he or she

13

becomes eligible for probation, such person shall begin medroxyprogesterone acetate

14

treatment and counseling prior to his or her release from custody or confinement. A

15

person sentenced to probation who is required to undergo such treatment and who is not

16

in the custody of a law enforcement agency or confined in a jail at the time of sentencing

17

shall be taken into custody or confined until treatment can begin. Additional treatment

18

may continue after such defendant's release from custody or confinement until the

19

defendant demonstrates to the court that such treatment is no longer necessary. No such

20

treatment shall be administered until such person has been fully informed of the side

21

effects of hormonal chemical treatment and has consented to the treatment in writing.

22

The administration of the treatment shall conform to the procedures and conditions set

23

out in subsection (c) of Code Section 42-9-44.2.

24

(3) Any physician or qualified mental health professional who acts in good faith in

25

compliance with the provisions of this Code section and subsection (c) of Code Section

26

42-9-44.2 in the administration of treatment or provision of counseling provided for in

27

this Code section shall be immune from civil or criminal liability for his or her actions

28

in connection with such treatment or counseling."

29

SECTION 12.

30

Said title is further amended by striking Code Section 16-6-5, relating to enticing a child for

31

indecent purposes, and inserting in lieu thereof the following:

The court sentencing a person who has been convicted of a first offense of

32

"16-6-5.

33

(a) A person commits the offense of enticing a child for indecent purposes when he or she

34

solicits, entices, or takes any child under the age of 16 years to any place whatsoever for

35

the purpose of child molestation or indecent acts.
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(b) Except as provided in subsection (c) of this Code section, a A person convicted of the

2

offense of enticing a child for indecent purposes shall be punished by imprisonment for not

3

less than one ten nor more than 20 30 years. Any person convicted under this Code section

4

of the offense of enticing a child for indecent purposes shall, in addition, be subject to the

5

sentencing and punishment provisions of Code Section 17-10-6.2. Upon a first conviction

6

of the offense of enticing a child for indecent purposes, the judge may probate the sentence;

7

and such probation may be upon the special condition that the defendant undergo a

8

mandatory period of counseling administered by a licensed psychiatrist or a licensed

9

psychologist. However, if the judge finds that such probation should not be imposed, he

10

shall sentence the defendant to imprisonment. Upon a second or third conviction of such

11

offense, the defendant shall be punished by imprisonment for not less than five years. For

12

a fourth or subsequent conviction of the offense of enticing a child for indecent purposes,

13

the defendant shall be punished by imprisonment for 20 years. Adjudication of guilt or

14

imposition of sentence for a conviction of a third, fourth, or subsequent offense of enticing

15

a child for indecent purposes, including a plea of nolo contendere, shall not be suspended,

16

probated, deferred, or withheld.

17

(c) If the victim is at least 14 but less than 16 years of age and the person convicted of

18

enticing a child for indecent purposes is 18 years of age or younger and is no more than

19

four years older than the victim, such person shall be guilty of a misdemeanor and shall not

20

be subject to the sentencing and punishment provisions of Code Section 17-10-6.2."

21

SECTION 13.

22

Said title is further amended by striking Code Section 16-6-5.1, relating to sexual assault

23

against persons in custody, and inserting in lieu thereof the following:

24

"16-6-5.1.

25

(a) As used in this Code section, the term:

26

(1) 'Actor' means a person accused of sexual assault.

27

(2) 'Intimate parts' means the genital area, groin, inner thighs, buttocks, or breasts of a

28

person.

29

(3) 'Psychotherapy' means the professional treatment or counseling of a mental or

30

emotional illness, symptom, or condition.

31

(4) 'Sexual contact' means any contact between for the purpose of sexual gratification of

32

the actor and a person not married to the actor involving with the intimate parts of a

33

person not married to the actor either person for the purpose of sexual gratification of the

34

actor.

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(b) A probation or parole officer or other custodian or supervisor of another person

2

referred to in this Code section commits sexual assault when he or she engages in sexual

3

contact with another person who is a probationer or parolee under the supervision of said

4

probation or parole officer or who is in the custody of law or who is enrolled in a school

5

or who is detained in or is a patient in a hospital or other institution and such actor has

6

supervisory or disciplinary authority over such other person. A person convicted of sexual

7

assault shall be punished by imprisonment for not less than one ten nor more than three 30

8

years; provided, however, that any person convicted of the offense of sexual assault under

9

this subsection of a child under the age of 14 years shall be punished by imprisonment for

10

not less than 25 nor more than 50 years. Any person convicted under this subsection of the

11

offense of sexual assault shall, in addition, be subject to the sentencing and punishment

12

provisions of Code Section 17-10-6.2.

13

(c)(1) A person commits sexual assault when such person has supervisory or disciplinary

14

authority over another person and such person engages in sexual contact with that other

15

person who is:

16

(A) In the custody of law; or

17

(B) Detained in or is a patient in a hospital or other institution.

18

(2) A person commits sexual assault when, as an actual or purported practitioner of

19

psychotherapy, he or she engages in sexual contact with another person who the actor

20

knew or should have known is the subject of the actor's actual or purported treatment or

21

counseling, or, if the treatment or counseling relationship was used to facilitate sexual

22

contact between the actor and said person.

23

(3) Consent of the victim shall not be a defense to a prosecution under this subsection.

24

(4) A person convicted of sexual assault under this subsection shall be punished by

25

imprisonment for not less than one ten nor more than three 30 years; provided, however,

26

that any person convicted of the offense of sexual assault under this subsection of a child

27

under the age of 14 years shall be punished by imprisonment for not less than 25 nor more

28

than 50 years. Any person convicted under this subsection of the offense of sexual

29

assault shall, in addition, be subject to the sentencing and punishment provisions of Code

30

Section 17-10-6.2.

31

(d) A person who is an employee, agent, or volunteer at any facility licensed or required

32

to be licensed under Code Section 31-7-3, relating to long-term care facilities, or Code

33

Section 31-7-12, relating to personal care homes, or who is required to be licensed pursuant

34

to Code Section 31-7-151 or 31-7-173, relating to home health care and hospices, commits

35

sexual assault when such person engages in sexual contact with another person who has

36

been admitted to or is receiving services from such facility, person, or entity. A person
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convicted of sexual assault pursuant to this subsection shall be punished by imprisonment

2

for not less than one ten nor more than five 30 years, or a fine of not more than $5,000.00,

3

or both. Any violation of this subsection shall constitute a separate offense. Any person

4

convicted under this subsection of the offense of sexual assault shall, in addition, be subject

5

to the sentencing and punishment provisions of Code Section 17-10-6.2."

6

SECTION 14.

7

Said title is further amended by striking Code Section 16-6-22, relating to incest, and

8

inserting in lieu thereof the following:

9

"16-6-22.

10

(a) A person commits the offense of incest when he the person engages in sexual

11

intercourse with a person to whom he or she knows he or she is related either by blood or

12

by marriage as follows:

13

(1) Father and daughter or stepdaughter;

14

(2) Mother and son or stepson;

15

(3) Brother and sister of the whole blood or of the half blood;

16

(4) Grandparent and grandchild;

17

(5) Aunt and nephew; or

18

(6) Uncle and niece.

19

(b) A person convicted of the offense of incest shall be punished by imprisonment for not

20

less than one ten nor more than 20 30 years; provided, however, that any person convicted

21

of the offense of incest under this subsection with a child under the age of 14 years shall

22

be punished by imprisonment for not less than 25 nor more than 50 years. Any person

23

convicted under this Code section of the offense of incest shall, in addition, be subject to

24

the sentencing and punishment provisions of Code Section 17-10-6.2."

25

SECTION 15.

26

Said title is further amended by striking Code Section 16-6-22.1, relating to sexual battery,

27

and inserting in lieu thereof the following:

28

"16-6-22.1.

29

(a) For the purposes of this Code section, the term 'intimate parts' means the primary

30

genital area, anus, groin, inner thighs, or buttocks of a male or female and the breasts of a

31

female.

32

(b) A person commits the offense of sexual battery when he or she intentionally makes

33

physical contact with the intimate parts of the body of another person without the consent

34

of that person.
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(c) Except as otherwise provided in this Code section, a person convicted of the offense

2

of sexual battery shall be punished as for a misdemeanor of a high and aggravated nature.

3

(d) A person convicted of the offense of sexual battery against any child under the age of

4

16 years shall be guilty of a felony and, upon conviction thereof, shall be punished by

5

imprisonment for not less than one nor more than five years.

6

(e) Upon a second or subsequent conviction under subsection (b) of this Code section, a

7

person shall be guilty of a felony and, upon conviction thereof, shall be imprisoned for not

8

less than one nor more than five years and, in addition, shall be subject to the sentencing

9

and punishment provisions of Code Section 17-10-6.2."

10

SECTION 16.

11

Said title is further amended by striking Code Section 16-6-22.2, relating to aggravated

12

sexual battery, and inserting in lieu thereof the following:

13

"16-6-22.2.

14

(a) For the purposes of this Code section, the term 'foreign object' means any article or

15

instrument other than the sexual organ of a person.

16

(b) A person commits the offense of aggravated sexual battery when he or she intentionally

17

penetrates with a foreign object the sexual organ or anus of another person without the

18

consent of that person.

19

(c) A person convicted of the offense of aggravated sexual battery shall be punished by

20

imprisonment for life or by a split sentence that is a term of imprisonment for not less than

21

ten nor more than 20 25 years and not exceeding life imprisonment, followed by probation

22

for life,. Any person convicted under this Code section shall, in addition, and shall be

23

subject to the sentencing and punishment provisions of Code Sections 17-10-6.1 and

24

17-10-7."

25

SECTION 17.

26

Said title is further amended by inserting a new Code Section 16-6-25 to read as follows:

27

"16-6-25.

28

(a) As used in this Code section, the term 'law enforcement unit' means any agency, organ,

29

or department of this state, or a subdivision or municipality thereof, whose primary

30

functions include the enforcement of criminal or traffic laws; the preservation of public

31

order; the protection of life and property; or the prevention, detection, or investigation of

32

crime. Such term shall also include the Department of Corrections and the State Board of

33

Pardons and Paroles.

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(b) Any person who knows or reasonably believes that a sexual offender, as defined in

2

Code Section 42-1-12, is not complying, or has not complied, with the requirements of

3

Code Section 42-1-12 and who, with the intent to assist such sexual offender in eluding a

4

law enforcement unit that is seeking such sexual offender to question him or her about, or

5

to arrest him or her for, his or her noncompliance with the requirements of Code Section

6

42-1-12:

7

(1) Harbors, attempts to harbor, or assists another person in harboring or attempting

8

harbor such sexual offender;

9

(2) Conceals, attempts to conceal, or assists another person in concealing or attempting

10

to conceal such sexual offender; or

11

(3) Provides information to the law enforcement unit regarding such sexual offender

12

which the person knows to be false information

13

commits a felony and shall be punished by imprisonment for not less than five nor more

14

than 20 years."

15

SECTION 18.

16

Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is

17

amended by striking subsection (g) of Code Section 17-6-1, relating to where offenses are

18

bailable and appeal bonds, and inserting in lieu thereof the following:

19

"(g) No appeal bond shall be granted to any person who has been convicted of murder,

20

rape, aggravated sodomy, armed robbery, aggravated child molestation, child molestation,

21

kidnapping, trafficking in cocaine or marijuana, aggravated stalking, or aircraft hijacking

22

and who has been sentenced to serve a period of incarceration of seven five years or more.

23

The granting of an appeal bond to a person who has been convicted of any other felony

24

offense or of any misdemeanor offense involving an act of family violence as defined in

25

Code Section 19-13-1, or of any offense delineated as a high and aggravated misdemeanor

26

or of any offense set forth in Code Section 40-6-391, shall be in the discretion of the

27

convicting court. Appeal bonds shall terminate when the right of appeal terminates, and

28

such bonds shall not be effective as to any petition or application for writ of certiorari

29

unless the court in which the petition or application is filed so specifies."

30

SECTION 19.

31

Said title is further amended by striking paragraph (1) of subsection (a) of Code Section

32

17-10-1, relating to the fixing of a sentence, and inserting in lieu thereof the following:

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"(a)(1) Except in cases in which life imprisonment, life without parole, or the death

2

penalty may be imposed, upon a verdict or plea of guilty in any case involving a

3

misdemeanor or felony, and after a presentence hearing, the judge fixing the sentence

4

shall prescribe a determinate sentence for a specific number of months or years which

5

shall be within the minimum and maximum sentences prescribed by law as the

6

punishment for the crime. The judge imposing the sentence is granted power and

7

authority to suspend or probate all or any part of the entire sentence under such rules and

8

regulations as the judge deems proper, including service of a probated sentence in the

9

sentencing options system, as provided by Article 9 of Chapter 8 of Title 42, and

10

including the authority to revoke the suspension or probation when the defendant has

11

violated any of the rules and regulations prescribed by the court, even before the

12

probationary period has begun, subject to the conditions set out in this subsection;

13

provided, however, that such action shall be subject to the provisions of Code Section

14

Sections 17-10-6.1 and 17-10-6.2."

15

SECTION 20.

16

Said title is further amended by striking Code Section 17-10-6.1, relating to punishment for

17

serious violent offenders, and inserting in lieu thereof the following:

18

"17-10-6.1.

19

(a) As used in this Code section, the term 'serious violent felony' means:

20

(1) Murder or felony murder, as defined in Code Section 16-5-1;

21

(2) Armed robbery, as defined in Code Section 16-8-41;

22

(3) Kidnapping, as defined in Code Section 16-5-40;

23

(4) Rape, as defined in Code Section 16-6-1;

24

(5) Aggravated child molestation, as defined in subsection (c) of Code Section 16-6-4,

25

unless subject to the provisions of paragraph (2) of subsection (d) of Code Section

26

16-6-4;

27

(6) Aggravated sodomy, as defined in Code Section 16-6-2; or

28

(7) Aggravated sexual battery, as defined in Code Section 16-6-22.2.

29

(b)(1) Notwithstanding any other provisions of law to the contrary, any person convicted

30

of a the serious violent felony as defined in paragraphs (2) through (7) of subsection (a)

31

of this Code section of kidnapping involving a victim who is 14 years of age or older or

32

armed robbery shall be sentenced to a mandatory minimum term of imprisonment of ten

33

years and no portion of the mandatory minimum sentence imposed shall be suspended,

34

stayed, probated, deferred, or withheld by the sentencing court and shall not be reduced

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by any form of pardon, parole, or commutation of sentence by the State Board of Pardons

2

and Paroles.

3

(2) Notwithstanding any other provisions of law to the contrary, the sentence of any

4

person convicted of the serious violent felony of:

5

(A) Kidnapping involving a victim who is less than 14 years of age;

6

(B) Rape;

7

(C) Aggravated child molestation, as defined in subsection (c) of Code Section 16-6-4,

8

unless subject to the provisions of paragraph (2) of subsection (d) of Code Section

9

16-6-4;

10

(D) Aggravated sodomy, as defined in Code Section 16-6-2; or

11

(E) Aggravated sexual battery, as defined in Code Section 16-6-22.2

12

shall, unless sentenced to life imprisonment, be a split sentence which shall include a

13

mandatory minimum term of imprisonment of 25 years, followed by probation for life.

14

No portion of the mandatory minimum sentence imposed shall be suspended, stayed,

15

probated, deferred, or withheld by the sentencing court and shall not be reduced by any

16

form of pardon, parole, or commutation of sentence by the State Board of Pardons and

17

Paroles.

18

(3) No person convicted of a serious violent felony as defined in subsection (a) of this

19

Code section shall be sentenced as a first offender pursuant to Article 3 of Chapter 8 of

20

Title 42, relating to probation for first offenders, or any other provision of Georgia law

21

relating to the sentencing of first offenders. The State of Georgia shall have the right to

22

appeal any sentence which is imposed by the superior court which does not conform to

23

the provisions of this subsection in the same manner as is provided for other appeals by

24

the state in accordance with Chapter 7 of Title 5, relating to appeals or certiorari by the

25

state.

26

(c)(1) Except as otherwise provided in subsection (c) of Code Section 42-9-39, for a first

27

conviction of a serious violent felony in which the defendant has been sentenced to life

28

imprisonment, that person shall not be eligible for any form of parole or early release

29

administered by the State Board of Pardons and Paroles until that person has served a

30

minimum of 14 30 years in prison. The minimum term of imprisonment shall not be

31

reduced by any earned time, early release, work release, leave, or other sentence-reducing

32

measures under programs administered by the Department of Corrections.

33

(2) For a first conviction of a serious violent felony in which the defendant has been

34

sentenced to death but the sentence of death has been commuted to life imprisonment,

35

that person shall not be eligible for any form of parole or early release administered by

36

the State Board of Pardons and Paroles until that person has served a minimum of 25 30
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years in prison. The minimum term of imprisonment shall not be reduced by any earned

2

time, early release, work release, leave, or other sentence-reducing measures under

3

programs administered by the Department of Corrections.

4

(3) Any sentence imposed for the first conviction of any serious violent felony other than

5

a sentence of life imprisonment or life without parole or death shall be served in its

6

entirety as imposed by the sentencing court and shall not be reduced by any form of

7

parole or early release administered by the State Board of Pardons and Paroles or by any

8

earned time, early release, work release, leave, or other sentence-reducing measures under

9

programs administered by the Department of Corrections, the effect of which would be

10

to reduce the period of incarceration ordered by the sentencing court.

11

(d) For purposes of this Code section, a first conviction of any serious violent felony

12

means that the person has never been convicted of a serious violent felony under the laws

13

of this state or of an offense under the laws of any other state or of the United States, which

14

offense if committed in this state would be a serious violent felony. Conviction of two or

15

more crimes charged on separate counts of one indictment or accusation, or in two or more

16

indictments or accusations consolidated for trial, shall be deemed to be only one

17

conviction."

18

SECTION 21.

19

Said title is further amended by adding a new Code section to follow Code Section 17-10-6.1,

20

relating to punishment for serious violent offenders, to read as follows:

21

"17-10-6.2.

22

(a) As used in this Code section, the term 'sexual offense' means:

23

(1) Aggravated assault with the intent to rape, as defined in Code Section 16-5-21;

24

(2) False imprisonment, as defined in Code Section 16-5-41, if the victim is not the child

25

of the defendant and the victim is less than 14 years of age;

26

(3) Sodomy, as defined in Code Section 16-6-2, unless subject to the provisions of

27

subsection (d) of Code Section 16-6-2;

28

(4) Statutory rape, as defined in Code Section 16-6-3, if the person convicted of the

29

crime is 21 years of age or older;

30

(5) Child molestation, as defined in subsection (a) of Code Section 16-6-4, unless subject

31

to the provisions of paragraph (2) of subsection (b) of Code Section 16-6-4;

32

(6) Enticing a child for indecent purposes, as defined in Code Section 16-6-5, unless

33

subject to the provisions of subsection (c) of Code Section 16-6-5;

34

(7) Sexual assault against persons in custody, as defined in Code Section 16-6-5.1;

35

(8) Incest, as defined in Code Section 16-6-22;
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(9) A second or subsequent conviction for sexual battery, as defined in Code Section

2

16-6-22.1; or

3

(10) Sexual exploitation of children, as defined in Code Section 16-12-100.

4

(b) Except as provided in subsection (c) of this Code section, and notwithstanding any

5

other provisions of law to the contrary, any person convicted of a sexual offense shall be

6

sentenced to a split sentence which shall include the minimum term of imprisonment

7

specified in the Code section applicable to the offense. No portion of the mandatory

8

minimum sentence imposed shall be suspended, stayed, probated, deferred, or withheld by

9

the sentencing court and such sentence shall include, in addition to the mandatory

10

imprisonment, an additional probated sentence of at least one year. No person convicted

11

of a sexual offense shall be sentenced as a first offender pursuant to Article 3 of Chapter

12

8 of Title 42, relating to probation for first offenders, or any other provision of Georgia law

13

relating to the sentencing of first offenders.

14

(c)(1) In the court's discretion, the court may deviate from the mandatory minimum

15

sentence as set forth in subsection (b) of this Code section, or any portion thereof,

16

provided that:

17

(A) The defendant has no prior conviction of an offense prohibited by Chapter 6 of

18

Title 16 or Part 2 of Article 3 of Chapter 12 of Title 16, nor a prior conviction for any

19

offense under federal law or the laws of another state or territory of the United States

20

which consists of the same or similar elements of offenses prohibited by Chapter 6 of

21

Title 16 or Part 2 of Article 3 of Chapter 12 of Title 16;

22

(B) The defendant did not use a deadly weapon or any object, device, or instrument

23

which when used offensively against a person would be likely to or actually did result

24

in serious bodily injury during the commission of the offense;

25

(C) The court has not found evidence of a relevant similar transaction;

26

(D) The victim did not suffer any intentional physical harm during the commission of

27

the offense;

28

(E) The offense did not involve the transportation of the victim; and

29

(F) The victim was not physically restrained during the commission of the offense.

30

(2) If the court deviates in sentencing pursuant to this subsection, the judge shall issue

31

a written order setting forth the judge 's reasons. Any such order shall be appealable by

32

the defendant pursuant to Code Section 5-6-34, or by the State of Georgia pursuant to

33

Code Section 5-7-1.

34

(d) If the court imposes a probated sentence, the defendant shall submit to review by the

35

Sexual Offender Registration Review Board for purposes of risk assessment classification

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within ten days of being sentenced and shall otherwise comply with Article 2 of Chapter

2

1 of Title 42."

3

SECTION 22.

4

Said title is further amended in subsection (b) of Code Section 17-10-30, relating to the

5

procedure for implementation of the death penalty generally, by striking "or" at the end of

6

paragraph (9), by adding "; or" at the end of paragraph (10), and by adding a new paragraph

7

(11) to read as follows:

8

"(11) The offense of murder, rape, or kidnapping was committed by a person previously

9

convicted of rape, aggravated sodomy, aggravated child molestation, or aggravated sexual

10

battery."

11

SECTION 23.

12

Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and

13

agencies, is amended by striking subparagraph (A) of paragraph (4) of Code Section 35-3-30,

14

relating to definitions used for the Georgia Crime Information Center article, and inserting

15

in lieu thereof the following:

16

"(A) 'Criminal history record information' means information collected by criminal

17

justice agencies on individuals consisting of identifiable descriptions and notations of

18

arrests, detentions, indictments, accusations, information, or other formal charges, and

19

any disposition arising therefrom, sentencing, correctional supervision, and release.

20

Such term also includes the age and sex of each victim as provided by criminal justice

21

agencies. The term does not include identification information, such as fingerprint

22

records, to the extent that such information does not indicate involvement of the

23

individual in the criminal justice system."

24

SECTION 24.

25

Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended

26

by designating Code Sections 42-1-1 through 42-1-11 as Article 1 of Chapter 1, striking in

27

their entirety Code Sections 42-1-12 and 42-1-13, and inserting in their place a new Article

28

2 to read as follows:

"ARTICLE 2

29

30

42-1-12.

31

(a) As used in this article, the term:
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(1) 'Address' means the street or route address of the sexual offender's residence. For

2

purposes of this Code section, the term does not mean a post office box, and homeless

3

does not constitute an address.

4

(2) 'Appropriate official' means:

5

(A) With respect to a sexual offender who is sentenced to probation without any

6

sentence of incarceration in the state prison system or who is sentenced pursuant to

7

Article 3 of Chapter 8 of this title, relating to first offenders, the Division of Probation

8

of the Department of Corrections;

9

(B) With respect to a sexual offender who is sentenced to a period of incarceration in

10

a prison under the jurisdiction of the Department of Corrections and who is

11

subsequently released from prison or placed on probation, the commissioner of

12

corrections or his or her designee;

13

(C) With respect to a sexual offender who is placed on parole, the chairperson of the

14

State Board of Pardons and Paroles or his or her designee; and

15

(D) With respect to a sexual offender who is placed on probation through a private

16

probation agency, the director of the private probation agency or his or her designee.

17

(3) 'Area where minors congregate' shall include all public and private parks and

18

recreation facilities, playgrounds, skating rinks, neighborhood centers, gymnasiums,

19

school bus stops, and public and community swimming pools.

20

(4) 'Assessment criteria' means the tests that the board members use to determine the

21

likelihood that a sexual offender will commit another criminal offense against a victim

22

who is a minor or commit a dangerous sexual offense.

23

(5) 'Board' means the Sexual Offender Registration Review Board.

24

(6) 'Child care facility' means all public and private pre-kindergarten facilities, day-care

25

centers, child care learning centers, preschool facilities, and long-term care facilities for

26

children.

27

(7) 'Church' means a place of public religious worship.

28

(8) 'Conviction' includes a final judgment of conviction entered upon a verdict or finding

29

of guilty of a crime, a plea of guilty, or a plea of nolo contendere. A defendant who is

30

discharged without adjudication of guilt and who is not considered to have a criminal

31

conviction pursuant to Article 3 of Chapter 8 of this title, relating to first offenders, shall

32

be subject to the registration requirements of this Code section for the period of time prior

33

to the defendant's discharge after completion of his or her sentence or upon the defendant

34

being adjudicated guilty. Unless otherwise required by federal law, a defendant who is

35

discharged without adjudication of guilt and who is not considered to have a criminal

36

conviction pursuant to Article 3 of Chapter 8 of this title, relating to first offenders, shall
H. B. 1059
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not be subject to the registration requirements of this Code section upon the defendant's

2

discharge.

3

(9)(A) 'Criminal offense against a victim who is a minor' with respect to convictions

4

occurring on or before June 30, 2001, means any criminal offense under Title 16 or any

5

offense under federal law or the laws of another state or territory of the United States

6

which consists of:

7

(i) Kidnapping of a minor, except by a parent;

8

(ii) False imprisonment of a minor, except by a parent;

9

(iii) Criminal sexual conduct toward a minor;

10

(iv) Solicitation of a minor to engage in sexual conduct;

11

(v) Use of a minor in a sexual performance;

12

(vi) Solicitation of a minor to practice prostitution; or

13

(vii) Any conviction resulting from an underlying sexual offense against a victim

14

who is a minor.

15

(B) 'Criminal offense against a victim who is a minor' with respect to convictions

16

occurring after June 30, 2001, means any criminal offense under Title 16 or any offense

17

under federal law or the laws of another state or territory of the United States which

18

consists of:

19

(i) Kidnapping of a minor, except by a parent;

20

(ii) False imprisonment of a minor, except by a parent;

21

(iii) Criminal sexual conduct toward a minor;

22

(iv) Solicitation of a minor to engage in sexual conduct;

23

(v) Use of a minor in a sexual performance;

24

(vi) Solicitation of a minor to practice prostitution;

25

(vii) Use of a minor to engage in any sexually explicit conduct to produce any visual

26

medium depicting such conduct;

27

(viii) Creating, publishing, selling, distributing, or possessing any material depicting

28

a minor or a portion of a minor's body engaged in sexually explicit conduct;

29

(ix) Transmitting, making, selling, buying, or disseminating by means of a computer

30

any descriptive or identifying information regarding a child for the purpose of

31

offering or soliciting sexual conduct of or with a child or the visual depicting of such

32

conduct;

33

(x) Conspiracy to transport, ship, receive, or distribute visual depictions of minors

34

engaged in sexually explicit conduct; or

35

(xi) Any conduct which, by its nature, is a sexual offense against a minor.

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(C) For purposes of subparagraph (a)(9)(B) of this Code section, conduct which is

2

punished as for a misdemeanor or which is prosecuted in juvenile court shall not be

3

considered a criminal offense against a victim who is a minor.

4

(10)(A) 'Dangerous sexual offense' with respect to convictions occurring after June 30,

5

2006, means any criminal offense under Title 16 as specified in this paragraph or any

6

offense under federal law or the laws of another state or territory of the United States

7

which consists of the same or similar elements of the following offenses:

8

(i) Aggravated assault with the intent to rape in violation of Code Section 16-5-2;

9

(ii) Kidnapping in violation of Code Section 16-5-40 which involves a victim who

10

is less than 14 years of age, except by a parent;

11

(iii) False imprisonment in violation of Code Section 16-5-41 which involves a

12

victim who is less than 14 years of age, except by a parent;

13

(iv) Rape in violation of Code Section 16-6-1;

14

(v) Sodomy in violation of Code Section 16-6-2;

15

(vi) Aggravated sodomy in violation of Code Section 16-6-2;

16

(vii) Statutory rape in violation of Code Section 16-6-3, if the individual convicted

17

of the offense is 21 years of age or older;

18

(viii) Child molestation in violation of Code Section 16-6-4;

19

(ix) Aggravated child molestation in violation of Code Section 16-6-4, unless the

20

person was convicted of a misdemeanor offense;

21

(x) Enticing a child for indecent purposes in violation of Code Section 16-6-5;

22

(xi) Sexual assault against persons in custody in violation of Code Section 16-6-5.1;

23

(xii) Incest in violation of Code Section 16-6-22;

24

(xiii) A second conviction for sexual battery in violation of Code Section 16-6-22.1;

25

(xiv) Aggravated sexual battery in violation of Code Section 16-6-23;

26

(xv) Sexual exploitation of children in violation of Code Section 16-12-100;

27

(xvi) Electronically furnishing obscene material to minors in violation of Code

28

Section 16-12-100.1;

29

(xvii) Computer pornography and child exploitation prevention in violation of Code

30

Section 16-12-100.2;

31

(xviii) Obscene telephone contact in violation of Code Section 16-12-100.3; or

32

(xix) Any conduct which, by its nature, is a sexual offense against a minor or an

33

attempt to commit a sexual offense against a minor.

34

(B) For purposes of this paragraph, conduct which is punished as for a misdemeanor

35

or which is prosecuted in juvenile court shall not be considered a dangerous sexual

36

offense.
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(11) 'Institution of higher education' means a private or public community college, state

2

university, state college, or independent postsecondary institution.

3

(12) 'Level I risk assessment classification' means the sexual offender is a low sex

4

offense risk and low recidivism risk for future sexual offenses.

5

(13) 'Level II risk assessment classification' means the sexual offender is an intermediate

6

sex offense risk and intermediate recidivism risk for future sexual offenses and includes

7

all sexual offenders who do not meet the criteria for classification either as a sexually

8

dangerous predator or for Level I risk assessment.

9

(14) 'Minor' means any individual under the age of 18 years and any individual that the

10

sexual offender believed at the time of the offense was under the age of 18 years if such

11

individual was the victim of an offense.

12

(15) 'Public and community swimming pools' includes municipal, school, hotel, motel,

13

or any pool to which access is granted in exchange for payment of a daily fee. The term

14

includes apartment complex pools, country club pools, or subdivision pools which are

15

open only to residents of the subdivision and their guests. This term does not include a

16

private pool or hot tub serving a single-family dwelling and used only by the residents of

17

the dwelling and their guests.

18

(16) 'Required registration information' means:

19

(A) Name; social security number; age; race; sex; date of birth; height; weight; hair

20

color, eye color, fingerprints; and photograph;

21

(B)

22

residence, within the state or out of state, and, if applicable in addition to the address,

23

a rural route address and a post office box;

24

(C)

25

identification number, the license tag number, and a description, including color

26

scheme, of the motor vehicle or trailer;

27

(D) If the place of residence is a mobile home, provide the mobile home location

28

permit number; the name and address of the owner of the home; a description, including

29

the color scheme of the mobile home; and, if applicable, a description of where the

30

mobile home is located on the property;

31

(E) If the place of residence is a manufactured home, provide the name and address of

32

the owner of the home; a description, including the color scheme of the manufactured

33

home; and, if applicable, a description of where the manufactured home is located on

34

the property;

35

(F) If the place of residence is a vessel, live-aboard vessel, or houseboat, provide the

36

hull identification number; the manufacturer's serial number; the name of the vessel,

Address of any permanent residence and address of any current temporary

If the place of residence is a motor vehicle or trailer, provide the vehicle

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live-aboard vessel, or houseboat; the registration number; and a description, including

2

color scheme, of the vessel, live-aboard vessel, or houseboat;

3

(G) Date of employment, place of any employment, and address of employer;

4

(H) Place of vocation and address of the place of vocation;

5

(I) Vehicle make, model, color, and license tag number;

6

(J) If enrolled, employed, or carrying on a vocation at an institution of higher education

7

in this state, the name, address, and county of each institution, including each campus

8

attended, and enrollment or employment status; and

9

(K) The name of the crime or crimes for which the sexual offender is registering and

10

the date released from prison or placed on probation, parole, or supervised release.

11

(17) 'Risk assessment classification' means the notification level into which a sexual

12

offender is placed based on the board 's assessment.

13

(18) 'School' means all public and private kindergarten, elementary, and secondary

14

schools.

15

(19) 'School bus stop' means a school bus stop as designated by local school boards of

16

education or by a private school.

17

(20) 'Sexual offender' means any individual:

18

(A) Who has been convicted of a criminal offense against a victim who is a minor or

19

any dangerous sexual offense; or

20

(B) Who has been convicted under the laws of another state or territory, under the laws

21

of the United States, under the Uniform Code of Military Justice, or in a tribal court of

22

a criminal offense against a victim who is a minor or a dangerous sexual offense.

23

(21) 'Sexually dangerous predator' means a sexual offender:

24

(A) Who was designated as a sexually violent predator between July 1, 1996, and June

25

30, 2006; or

26

(B) Who is determined by the Sexual Offender Registration Review Board to be at risk

27

of perpetrating any future dangerous sexual offense.

28

(22) 'Vocation' means any full-time, part-time, or volunteer employment with or without

29

compensation exceeding 14 consecutive days or for an aggregate period of time

30

exceeding 30 days during any calendar year.

31

(b) Before a sexual offender who is required to register under this Code section is released

32

from prison or placed on parole, supervised release, or probation, the appropriate official

33

shall:

34

(1) Inform the sexual offender of the obligation to register, the amount of the registration

35

fee, and how to maintain registration;

36

(2) Obtain the information necessary for the required registration information;
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(3) Inform the sexual offender that, if the sexual offender changes any of the required

2

registration information, other than residence address, the sexual offender shall give the

3

new information to the sheriff of the county with whom the sexual offender is registered

4

within 72 hours of the change of information; if the information is the sexual offender's

5

new residence address, the sexual offender shall give the information to the sheriff of the

6

county with whom the sexual offender last registered within 72 hours prior to moving and

7

to the sheriff of the county to which the sexual offender is moving within 72 hours after

8

the change of information;

9

(4) Inform the sexual offender that he or she shall also register in any state where he or

10

she is employed, carries on a vocation, or is a student;

11

(5) Inform the sexual offender that, if he or she changes residence to another state, the

12

sexual offender shall register the new address with the sheriff of the county with whom

13

the sexual offender last registered, and that the sexual offender shall also register with a

14

designated law enforcement agency in the new state within 72 hours after establishing

15

residence in the new state;

16

(6) Obtain fingerprints and a current photograph of the sexual offender;

17

(7) Require the sexual offender to read and sign a form stating that the obligations of the

18

sexual offender have been explained;

19

(8) Obtain and forward any information obtained from the clerk of court pursuant to

20

Code Section 42-5-50 to the sheriff 's office of the county in which the sexual offender

21

will reside; and

22

(9) If required by Code Section 42-1-14, place any required electronic monitoring system

23

on the sexually dangerous predator and explain its operation and cost.

24

(c) The Department of Corrections shall:

25

(1) Forward to the Georgia Bureau of Investigation a copy of the form stating that the

26

obligations of the sexual offender have been explained;

27

(2) Forward any required registration information to the Georgia Bureau of Investigation;

28

(3) Forward the sexual offender's fingerprints and photograph to the sheriff 's office of

29

the county where the sexual offender is going to reside;

30

(4) Inform the board and the prosecuting attorney for the jurisdiction in which a sexual

31

offender was convicted of the impending release of a sexual offender at least eight

32

months prior to such release so as to facilitate compliance with Code Section 42-1-14;

33

and

34

(5) Keep all records of sexual offenders in a secure facility until official proof of death

35

of a registered sexual offender and thereafter the records shall be destroyed in accordance

36

with Code Sections 15-1-10, 15-6-62, and 15-6-62.1.
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(d) No sexual offender shall be released from prison or placed on parole, supervised

2

release, or probation until:

3

(1) The appropriate official has provided the Georgia Bureau of Investigation and the

4

sheriff 's office in the county where the sexual offender will be residing with the sexual

5

offender's required registration information and risk assessment classification level; and

6

(2) The sexual offender's name has been added to the list of sexual offenders maintained

7

by the Georgia Bureau of Investigation and the sheriff 's office as required by this Code

8

section.

9

(e) Registration pursuant to this Code section shall be required by any individual who:

10

(1) Is convicted on or after July 1, 1996, of a criminal offense against a victim who is a

11

minor;

12

(2) Is convicted on or after July 1, 2006, of a dangerous sexual offense;

13

(3) Has previously been convicted of a criminal offense against a minor and may be

14

released from prison or placed on parole, supervised release, or probation on or after July

15

1, 1996;

16

(4) Has previously been convicted of a sexually violent offense and may be released from

17

prison or placed on parole, supervised release, or probation;

18

(5) Is a resident of Georgia who intends to reside in this state and who is convicted under

19

the laws of another state or the United States, under the Uniform Code of Military Justice,

20

or in a tribal court of a sexually violent offense, a criminal offense against a victim who

21

is a minor on or after July 1, 1999, or a dangerous sexual offense on or after July 1, 2006;

22

(6) Is a nonresident sexual offender who changes residence from another state or territory

23

of the United States to Georgia who is required to register as a sexual offender under

24

federal law, military law, tribal law, or the laws of another state or territory, regardless

25

of when the conviction occurred;

26

(7) Is a nonresident sexual offender who enters this state for the purpose of employment

27

or any other reason for a period exceeding 14 consecutive days or for an aggregate period

28

of time exceeding 30 days during any calendar year regardless of whether such sexual

29

offender is required to register under federal law, military law, tribal law, or the laws of

30

another state or territory; or

31

(8) Is a nonresident sexual offender who enters this state for the purpose of attending

32

school as a full-time or part-time student regardless of whether such sexual offender is

33

required to register under federal law, military law, tribal law, or the laws of another state

34

or territory.

35

(f) Any sexual offender required to register under this Code section shall:

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(1) Provide the required registration information to the appropriate official before being

2

released from prison or placed on parole, supervised release, or probation;

3

(2) Register with the sheriff of the county in which the sexual offender resides within 72

4

hours after the sexual offender's release from prison or placement on parole, supervised

5

release, probation, or entry into this state;

6

(3) Maintain the required registration information with the sheriff of the county in which

7

the sexual offender resides;

8

(4) Renew the required registration information with the sheriff of the county in which

9

the sexual offender resides by reporting to the sheriff within 72 hours prior to such

10

offender's birthday each year to be photographed and fingerprinted;

11

(5) Update the required registration information with the sheriff of the county in which

12

the sexual offender resides within 72 hours of any change to the required registration

13

information, other than residence address; if the information is the sexual offender's new

14

residence address, the sexual offender shall give the information to the sheriff of the

15

county with whom the sexual offender last registered within 72 hours prior to any change

16

of residence address and to the sheriff of the county to which the sexual offender is

17

moving within 72 hours after establishing the new residence;

18

(6) If convicted of a dangerous sexual offense on or after July 1, 2006, pay to the sheriff

19

of the county where the sexual offender resides an annual registration fee of $250.00

20

upon each anniversary of such registration; and

21

(7) Continue to comply with the registration requirements of this Code section for the

22

entire life of the sexual offender, including ensuing periods of incarceration.

23

(g)(1) Any sexual offender required to register under this Code section who meets the

24

criteria set forth in paragraph (2) of this Code section may petition the superior court of

25

the jurisdiction in which the sexual offender is registered to be released from the

26

registration requirements of this Code section. The court may issue an order releasing the

27

sexual offender from further registration if the court finds that the sexual offender does

28

not pose a substantial risk of perpetrating any future dangerous sexual offense.

29

(2) In order to petition the court pursuant to paragraph (1) of this subsection, the sexual

30

offender shall:

31

(A) Have been sentenced pursuant to subsection (c) of Code Section 17-10-6.2; and

32

(B) Have had ten years elapse since his or her release from prison, parole, supervised

33

release, or probation.

34

(h)(1) The appropriate official or sheriff shall, within 72 hours after receipt of the

35

required registration information, forward such information to the Georgia Bureau of

36

Investigation. Once the data is entered into the Criminal Justice Information System by
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the appropriate official or sheriff, the Georgia Crime Information Center shall notify the

2

sheriff of the sexual offender's county of residence, either permanent or temporary, the

3

sheriff of the county of employment, and the sheriff of the county where the sexual

4

offender attends an institution of higher education within 24 hours of entering the data

5

or any change to the data.

6

(2) The Georgia Bureau of Investigation shall:

7

(A) Transmit all information, including the conviction data and fingerprints, to the

8

Federal Bureau of Investigation within 24 hours of entering the data;

9

(B) Establish operating policies and procedures concerning record ownership, quality,

10

verification, modification, and cancellation; and

11

(C) Perform mail out and verification duties as follows:

12

(i) Send each month Criminal Justice Information System network messages to

13

sheriffs listing sexual offenders due for verification;

14

(ii) Create a photo image file from original entries and provide such entries to sheriffs

15

to assist in sexual offender identification and verification;

16

(iii) Mail a nonforwardable verification form to the last reported address of the sexual

17

offender within ten days prior to the sexual offender's birthday;

18

(iv)

19

enforcement agency with which the sexual offender shall register in the new state; and

20

(v) Maintain records required under this Code section.

21

If the sexual offender changes residence to another state, notify the law

(i) The sheriff 's office in each county shall:

22

(1) Prepare and maintain a list of all sexual offenders and sexually dangerous predators

23

residing in each county. Such list shall include the sexual offender's name; age; physical

24

description; address; crime of conviction, including conviction date and the jurisdiction

25

of the conviction; photograph; and the risk assessment classification level provided by

26

the board, and an explanation of how the board classifies sexual offenders and sexually

27

dangerous predators;

28

(2) Electronically submit and update all information provided by the sexual offender

29

within two working days to the Georgia Bureau of Investigation in a manner prescribed

30

by the Georgia Bureau of Investigation;

31

(3) Maintain and post a list of every sexual offender residing in each county:

32

(A) In the sheriff 's office;

33

(B) In any county administrative building;

34

(C) In the main administrative building for any municipal corporation;

35

(D) In the office of the clerk of the superior court so that such list is available to the

36

public; and
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(E) On a website maintained by the sheriff of the county for the posting of general

2

information;

3

(4) Update the public notices required by paragraph (3) of this Code section within two

4

working days;

5

(5) Inform the public of the presence of sexual offenders in each community;

6

(6) Update the list of sexual offenders residing in the county upon receipt of new

7

information affecting the residence address of a sexual offender or upon the registration

8

of a sexual offender moving into the county by virtue of release from prison, relocation

9

from another county, conviction in another state, federal court, military tribunal, or tribal

10

court. Such list, and any additions to such list, shall be delivered, within 72 hours of

11

updating the list of sexual offenders residing in the county, to all schools or institutions

12

of higher education located in the county;

13

(7) Within 72 hours of the receipt of changed required registration information, notify

14

the Georgia Bureau of Investigation through the Criminal Justice Information System of

15

each change of information;

16

(8) Retain the verification form stating that the sexual offender still resides at the address

17

last reported;

18

(9) Enforce the criminal provisions of this Code section. The sheriff may request the

19

assistance of the Georgia Bureau of Investigation to enforce the provisions of this Code

20

section;

21

(10) Cooperate and communicate with other sheriffs' offices in this state and in the

22

United States to maintain current data on the location of sexual offenders;

23

(11) Determine the appropriate time of day for reporting by sexual offenders, which shall

24

be consistent with the reporting requirements of this Code section;

25

(12) If required by Code Section 42-1-14, place any electronic monitoring system on the

26

sexually dangerous predator and explain its operation and cost;

27

(13) Provide current information on names and addresses of all registered sexual

28

offenders to campus police with jurisdiction for the campus of an institution of higher

29

education if the campus is within the sheriff 's jurisdiction; and

30

(14) Collect the annual $250.00 registration fee from the sexual offender and transmit

31

such fees to the state for deposit into the general fund.

32

(j)(1) The sheriff of the county where the sexual offender resides or last registered shall

33

be the primary law enforcement official charged with communicating the whereabouts

34

of the sexual offender and any changes in required registration information to the

35

sheriff 's office of the county or counties where the sexual offender is employed,

36

volunteers, attends an institution of higher education, or moves.
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(2) The sheriff 's office may post the list of sexual offenders in any public building in

2

addition to those locations enumerated in subsection (h) of this Code section.

3

(k) The Georgia Crime Information Center shall create the Criminal Justice Information

4

System network transaction screens by which appropriate officials shall enter original data

5

required by this Code section. Screens shall also be created for sheriffs' offices for the

6

entry of record confirmation data; employment; changes of residence, institutions of higher

7

education, or employment; or other pertinent data to assist in sexual offender identification.

8

(l)(1) On at least an annual basis, the Department of Education shall obtain from the

9

Georgia Bureau of Investigation a complete list of the names and addresses of all

10

registered sexual offenders and shall send such list, accompanied by a hold harmless

11

provision, to each school in this state. In addition, the Department of Education shall

12

provide information to each school in this state on accessing and retrieving from the

13

Georgia Bureau of Investigation 's website a list of the names and addresses of all

14

registered sexual offenders.

15

(2) On at least an annual basis, the Department of Early Care and Learning shall provide

16

current information to all child care programs regulated pursuant to Code Section

17

20-1A-10 and to all child care learning centers, day-care, group day-care, and family

18

day-care programs regulated pursuant to Code Section 49-5-12 on accessing and

19

retrieving from the Georgia Bureau of Investigation 's website a list of the names and

20

addresses of all registered sexual offenders and shall include, on a continuing basis, such

21

information with each application for licensure, commissioning, or registration for early

22

care and education programs.

23

(3) On at least an annual basis, the Department of Human Resources shall provide

24

current information to all long-term care facilities for children on accessing and retrieving

25

from the Georgia Bureau of Investigation 's website a list of the names and addresses of

26

all registered sexual offenders.

27

(m) Within ten days of the filing of a defendant's discharge and exoneration of guilt

28

pursuant to Article 3 of Chapter 8 of this title, the clerk of court shall transmit the order of

29

discharge and exoneration to the Georgia Bureau of Investigation and any sheriff

30

maintaining records required under this Code section.

31

(n) Any individual who:

32

(1) Is required to register under this Code section and who fails to comply with the

33

requirements of this Code section;

34

(2) Provides false information; or

35

(3) Fails to respond directly to the sheriff within 72 hours of such individual's birthday

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1

shall be guilty of a felony and shall be punished by imprisonment for not less than ten nor

2

more than 30 years; provided, however, that upon the conviction of the second offense

3

under this subsection, the defendant shall be punished by imprisonment for life.

4

(o) The information collected pursuant to this Code section shall be treated as private data

5

except that:

6

(1) Such information may be disclosed to law enforcement agencies for law enforcement

7

purposes;

8

(2) Such information may be disclosed to government agencies conducting confidential

9

background checks; and

10

(3) The Georgia Bureau of Investigation or any sheriff maintaining records required

11

under this Code section shall, in addition to the requirements of this Code section to

12

inform the public of the presence of sexual offenders in each community, release such

13

other relevant information collected under this Code section that is necessary to protect

14

the public concerning sexual offenders required to register under this Code section,

15

except that the identity of a victim of an offense that requires registration under this Code

16

section shall not be released.

17

(p) The Board of Public Safety is authorized to promulgate rules and regulations necessary

18

for the Georgia Bureau of Investigation and the Georgia Crime Information Center to

19

implement and carry out the provisions of this Code section.

20

(q) Law enforcement agencies, employees of law enforcement agencies, and state officials

21

shall be immune from liability for good faith conduct under this article.

22

42-1-13.

23

(a)

24

professionals licensed under Title 43 and knowledgeable in the field of the behavior and

25

treatment of sexual offenders; at least one representative from a victims' rights advocacy

26

group or agency; and at least two representatives from law enforcement, each of whom is

27

either employed by a law enforcement agency as a certified peace officer under Title 35 or

28

retired from such employment. The members of the board shall be appointed by the

29

commissioner of human resources for terms of four years. On and after July 1, 2006,

30

successors to the members of the board shall be appointed by the Governor. Members of

31

the board shall take office on the first day of September immediately following the expired

32

term of that office and shall serve for a term of four years and until the appointment of their

33

respective successors. No member shall serve on the board more than two consecutive

34

terms. Vacancies occurring on the board, other than those caused by expiration of a term

35

of office, shall be filled in the same manner as the original appointment to the position

The Sexual Offender Registration Review Board shall be composed of three

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vacated for the remainder of the unexpired term and until a successor is appointed.

2

Members shall be entitled to an expense allowance and travel cost reimbursement the same

3

as members of certain other boards and commissions as provided in Code Section 45-7-21.

4

(b) The board shall be attached to the Department of Human Resources for administrative

5

purposes and, provided there is adequate funding, shall:

6

(1) Exercise its quasi-judicial, rule-making, or policy-making functions independently

7

of the department and without approval or control of the department;

8

(2) Prepare its budget, if any, and submit its budgetary requests, if any, through the

9

department; and

10

(3) Hire its own personnel if authorized by the Constitution of this state or by statute or

11

if the General Assembly provides or authorizes the expenditure of funds therefor.

12

(c) Members of the board shall be immune from liability for good faith conduct under this

13

article.

14

42-1-14.

15

(a) The board shall determine the likelihood that a sexual offender will engage in another

16

crime against a victim who is a minor or a dangerous sexual offense. The board shall make

17

such determination for any sexual offender convicted on or after July 1, 2006, of a criminal

18

act against a minor or a dangerous sexual offense and for any sexual offender incarcerated

19

on July 1, 2006, but convicted prior to July 1, 2006, of a criminal act against a minor. Such

20

determination shall not be required to be made by the board until January 1, 2007;

21

provided, however, that such persons shall be subject to this Code section. A sexual

22

offender shall be placed into Level I risk assessment classification, Level II risk assessment

23

classification, or sexually dangerous predator classification based upon the board 's

24

assessment criteria and information obtained and reviewed by the board. The sexual

25

offender may provide the board with information including, but not limited to,

26

psychological evaluations, sexual history polygraph information, treatment history,

27

personal, social, educational, and work history, and may agree to submit to a psychosexual

28

evaluation or sexual history polygraph conducted by the board. If the sexual offender has

29

undergone treatment through the Department of Corrections, such treatment records shall

30

also be submitted to the board for evaluation. The prosecuting attorney shall provide the

31

board with any information available to assist the board in rendering an opinion, including,

32

but not limited to, criminal history and records related to previous criminal history. On and

33

after July 1, 2006, the clerk of court shall send a copy of the sexual offender's conviction

34

to the board and notify the board that a sexual offender's evaluation will need to be

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1

performed. The board shall render its recommendation for risk assessment classification

2

within:

3

(1) Sixty days of receipt of a request for an evaluation if the sexual offender is being

4

sentenced pursuant to subsection (c) of Code Section 17-10-6.2;

5

(2) Six months prior to the sexual offender's proposed release from confinement if the

6

offender is incarcerated; and

7

(3) Forty-five days of receipt of the required registration information if the sexual

8

offender has entered this state from another state and registered as a sexual offender.

9

The board shall send a copy of its risk assessment classification to the Department of

10

Corrections, sexual offender, and sentencing court, if applicable.

11

(b)(1) If the sexual offender has been sentenced pursuant to subsection (c) of Code

12

Section 17-10-6.2, after receiving a recommendation from the board that he or she be

13

classified as a sexually dangerous predator, the sexual offender may request that the

14

sentencing court set a date to conduct a hearing affording the sexual offender the

15

opportunity to present testimony or evidence relevant to the recommended classification.

16

After the hearing and within 60 days of receiving the report, the court shall issue a ruling

17

as to whether or not the sexual offender shall be classified as a sexually dangerous

18

predator. If the court determines the sexual offender to be a sexually dangerous predator,

19

such fact shall be communicated in writing to the appropriate official, the Georgia Bureau

20

of Investigation, and the sheriff of the county where the sexual offender resides.

21

(2) If the sexual offender received a sentence of imprisonment and was sentenced for a

22

dangerous sexual offense on or after July 1, 2006, or if the sexual offender is incarcerated

23

on July 1, 2006, for a crime against a victim who is a minor, after receiving a

24

recommendation from the board that he or she be classified as a sexually dangerous

25

predator, the sexual offender may request that the sentencing court set a date to conduct

26

a hearing affording the sexual offender the opportunity to present testimony or evidence

27

relevant to the recommended classification. After the hearing and within 60 days of

28

receiving the report, the court shall issue a ruling as to whether or not the sexual offender

29

shall be classified as a sexually dangerous predator. If the court determines the sexual

30

offender to be a sexually dangerous predator, such fact shall be communicated in writing

31

to the appropriate official, the Georgia Bureau of Investigation, and the sheriff of the

32

county where the sexual offender resides.

33

(c) Any sexual offender who changes residence from another state or territory of the

34

United States to this state and who is not designated as a sexually dangerous predator,

35

sexual predator, or a sexually violent predator shall have his or her required registration

36

information forwarded by the sheriff of his or her county of registration to the board for the
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purpose of risk assessment classification. After receiving a recommendation from the

2

board that he or she be classified as a sexually dangerous predator, the sexual offender may,

3

within 30 days after the issuance of such classification, request a hearing before an

4

administrative law judge. Such hearing shall be conducted in accordance with Chapter 13

5

of Title 50, the 'Georgia Administrative Procedure Act.' The decision of the administrative

6

law judge shall constitute the final decision of the board subject to the right of judicial

7

review in accordance with Chapter 13 of Title 50. If the final determination is that the

8

sexual offender is classified as a sexually dangerous predator, such fact shall be

9

communicated in writing to the appropriate official, the Georgia Bureau of Investigation,

10

and the sheriff of the county where the sexual offender resides.

11

(d) Any individual who was classified as a sexually violent predator prior to July 1, 2006,

12

shall be classified as a sexually dangerous predator on and after July 1, 2006.

13

(e) Any sexually dangerous predator shall be required to wear an electronic monitoring

14

system that shall have, at a minimum:

15

(1) The capacity to locate and record the location of a sexually dangerous predator by a

16

link to a global positioning satellite system;

17

(2) The capacity to timely report or record a sexually dangerous predator's presence near

18

or within a crime scene or in a prohibited area or the sexually dangerous predator's

19

departure from specific geographic locations; and

20

(3) An alarm that is automatically activated and broadcasts the sexually dangerous

21

predator's location if the global positioning satellite monitor is removed or tampered with

22

by anyone other than a law enforcement official designated to maintain and remove or

23

replace the equipment.

24

Such electronic monitoring system shall be worn by a sexually dangerous predator for the

25

remainder of his or her natural life. The sexually dangerous predator shall pay the cost of

26

such system to the Department of Corrections if the sexually dangerous predator is on

27

probation; to the Board of Pardons and Paroles if the sexually dangerous predator is on

28

parole; and to the sheriff after the sexually dangerous predator completes his or her term

29

of probation and parole or if the sexually dangerous predator has moved to this state from

30

another state, territory, or country. The electronic monitoring system shall be placed upon

31

the sexually dangerous predator prior to his or her release from confinement. If the sexual

32

offender is not in custody, within 72 hours of the decision classifying the sexual offender

33

as a sexually dangerous predator by the court in accordance with subsection (b) of this

34

Code section or a final decision pursuant to subsection (c) of this Code section, whichever

35

applies to the sexual offender's situation, the sexually dangerous predator shall report to

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the sheriff of the county of his or her residence for purposes of having the electronic

2

monitoring system placed on the sexually dangerous predator.

3

(f) In addition to the requirements of registration for all sexual offenders, a sexually

4

dangerous predator shall report to the sheriff of the county where such predator resides six

5

months following his or her birth month and update or verify his or her required

6

registration information.

7

42-1-15.

8

(a) No individual required to register pursuant to Code Section 42-1-12 shall reside or

9

loiter within 1,000 feet of any child care facility, church, school, or area where minors

10

congregate. Such distance shall be determined by measuring from the outer boundary of

11

the property on which the individual resides to the outer boundary of the property of the

12

child care facility, church, school, or area where minors congregate at their closest points.

13

(b)(1) No individual who is required to register under Code Section 42-1-12 shall be

14

employed by any child care facility, school, or church or by any business or entity that is

15

located within 1,000 feet of a child care facility, a school, or a church.

16

(2) No individual who is a sexually dangerous predator shall be employed by any

17

business or entity that is located within 1,000 feet of an area where minors congregate.

18

(c) Notwithstanding any ordinance or resolution adopted pursuant to Code Section 16-6-24

19

or subsection (d) of Code Section 16-11-24, it shall be unlawful for any individual required

20

to register pursuant to Code Section 42-1-12 to loiter, as prohibited by Code Section

21

16-11-36, at any child care facility, school, or area where minors congregate.

22

(d) Any sexual offender who knowingly violates the provisions of this Code section shall

23

be guilty of a felony and shall be punished by imprisonment for not less than ten nor more

24

than 30 years.

25

(e) Nothing in this Code section shall create, either directly or indirectly, any civil cause

26

of action against or result in criminal prosecution of any person, firm, corporation,

27

partnership, trust, or association other than an individual required to be registered under

28

Code Section 42-1-12."

29

SECTION 25.

30

Said title is further amended by striking subsection (b) of Code Section 42-8-35, relating to

31

terms and conditions of probation, and inserting in lieu thereof the following:

32

"(b) In determining the terms and conditions of probation for a probationer who has been

33

convicted of a criminal offense against a victim who is a minor or dangerous sexual offense

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as that phrase is those terms are defined in subparagraph (a)(4)(B) of Code Section

2

42-1-12, the court may provide that the probationer shall be:
Prohibited from entering or remaining present at a victim 's school, place of

3

(1)

4

employment, place of residence, or other specified place at times when a victim is present

5

or from entering or remaining present loitering in areas where minors congregate, child

6

care facilities, churches, or schools as those terms are defined in subsection (a) of Code

7

Section 42-1-13 42-1-12;

8

(2) Required to wear a device capable of tracking the location of the probationer by

9

means including electronic surveillance or global positioning systems. The Unless the

10

probationer is indigent, the department shall assess and collect fees from the probationer

11

for such monitoring at levels set by regulation by the department; and

12

(3) Prohibited from seeking election to a Local Board of Education local board of

13

education."

14

SECTION 26.

15

Said title is further amended by striking Code Section 42-8-60, relating to probation prior to

16

adjudication of guilt, and inserting in lieu thereof the following:

17

"42-8-60.

18

(a) Upon a verdict or plea of guilty or a plea of nolo contendere, but before an adjudication

19

of guilt, in the case of a defendant who has not been previously convicted of a felony, the

20

court may, without entering a judgment of guilt and with the consent of the defendant:

21

(1) Defer further proceeding and place the defendant on probation as provided by law;

22

or

23

(2) Sentence the defendant to a term of confinement as provided by law.

24

(b) Upon violation by the defendant of the terms of probation, upon a conviction for

25

another crime during the period of probation, or upon the court determining that the

26

defendant is or was not eligible for sentencing under this article, the court may enter an

27

adjudication of guilt and proceed as otherwise provided by law. No person may avail

28

himself or herself of this article on more than one occasion.

29

(c) The court shall not sentence a defendant under the provisions of this article and, if

30

sentenced under the provisions of this article, shall not discharge the defendant upon

31

completion of the sentence unless the court has reviewed the defendant's criminal record

32

as such is on file with the Georgia Crime Information Center.

33

(d) The court shall not sentence a defendant under the provisions of this article who has

34

been found guilty of or entered a plea of guilty of a plea of nolo contendere for:

35

(1) A serious violent felony as such term is defined in Code Section 17-10-6.1;
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(2) A sexual offense as such term is defined in Code Section 17-10-6.2;

2

(3) Sexual exploitation of a minor as defined in Code Section 16-12-100;

3

(4) Electronically furnishing obscene material to a minor as defined in Code Section

4

16-12-100.1; or

5

(5)

6

16-12-100.2."

Computer pornography and child exploitation, as defined in Code Section

7

SECTION 27.

8

Said title is further amended by striking subsections (b) and (c) of Code Section 42-9-39,

9

relating to restrictions on relief for person serving a second life sentence, and inserting new

10

subsections (b) and (c) to read as follows:

11

"(b) Except as otherwise provided in subsection (b) of Code Section 17-10-7, when a

12

person is convicted of murder and sentenced to life imprisonment and such person has

13

previously been incarcerated under a life sentence, such person shall serve at least 25 30

14

years in the penitentiary before being granted a pardon and before becoming eligible for

15

parole.

16

(c) When a person receives consecutive life sentences as the result of offenses occurring

17

in the same series of acts and any one of the life sentences is imposed for the crime of

18

murder, such person shall serve consecutive ten-year 30 year periods for each such

19

sentence, up to a maximum of 30 60 years, before being eligible for parole consideration."

20

SECTION 28.

21

Said title is further amended by striking in its entirety Code Section 42-9-44.1, relating to

22

conditions of parole for sexual offenders, and inserting in lieu thereof the following:

23

"42-9-44.1.

24

(a) As used in this Code section, the term 'sexual offense' means a violation of Code

25

Section 16-6-1, 16-6-2, 16-6-5.1, 16-6-22, or 16-6-22.2 when the victim was under 18 years

26

of age at the time of the commission of the offense or a violation of Code Section 16-6-3,

27

16-6-4, or 16-6-5 when the victim was under 14 years of age at the time of the commission

28

of the offense.

29

(b)(1) The board shall adopt rules providing that with respect to any person who has been

30

convicted of a sexual offense, as a condition of parole, the offender shall be ordered to

31

give notice of his or her name and address, the crime for which he or she was convicted,

32

and the date of parole to:

33

(A) The superintendent of the public school district where the offender will reside; and

34

(B) The sheriff of the county wherein the offender will reside.
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(2) The offender shall provide the notice and information required in paragraph (1) of

2

this subsection within ten days of the release on parole or within ten days of setting up

3

residency in the locale where the offender plans to have his or her domicile.

4

(c) Any sex offender who has been paroled and who moves his or her legal residence from

5

one county within this state to another county within this state shall be required to provide

6

the information and notice required in subsection (b) of this Code section with respect to

7

his or her new residence within ten days after moving during the period of his or her parole.

8

(d) Any person who fails to comply with the requirements of this Code section or who

9

provides false information shall, in the case of a person on parole, be in violation of such

10

person 's conditions of parole and shall be guilty of a misdemeanor.

11

(e) It shall be the duty of the sheriff of each county within this state to maintain a register

12

of the names and addresses of all offenders providing information to the sheriff under this

13

Code section. Such register shall be open to public inspection.

14

(f) The requirement that a sex offender provide notice and information pursuant to

15

subsections (b) and (c) of this Code section shall terminate upon the offender's satisfactory

16

completion of his or her terms of parole. Reserved."

17

SECTION 29.

18

Said title is further amended by striking in its entirety Code Section 42-9-44.2, relating to

19

chemical treatment and counseling as a condition of parole for child molesters, and inserting

20

in lieu thereof the following:

21

"42-9-44.2.

22

(a) The Board of Pardons and Paroles may in the exercise of its discretion in considering

23

the grant of parole to a person who has been convicted of a second or subsequent offense

24

of child molestation of a child who was 16 years of age or younger at the time of the

25

offense or who has been convicted of a first offense of aggravated child molestation of a

26

child who was 16 years of age or younger at the time of the offense require, as a condition

27

of parole, that such person undergo medroxyprogesterone acetate treatment or its chemical

28

equivalent. While undergoing such treatment, such person must participate in and pay for

29

counseling currently available from a private or public provider of outpatient mental health

30

services. No such treatment shall be administered until such person has consented thereto

31

in writing.

32

(b) A person who is required to undergo medroxyprogesterone acetate treatment or its

33

chemical equivalent and counseling as a condition of parole shall begin such treatment

34

prior to his or her release from confinement in the state correctional institution or other

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institution, but additional treatment may continue after such defendant's release on parole

2

until the defendant demonstrates to the board that such treatment is no longer necessary.

3

(c) The provision of treatment required as a condition of parole shall be administered by

4

the State Board of Pardons and Paroles through licensed medical personnel employed by

5

the defendant and approved by the board. Any physician or qualified mental health

6

professional who acts in good faith in compliance with the provisions of this Code section

7

in the administration of treatment or provision of counseling provided for in this Code

8

section shall be immune from civil or criminal liability for his or her actions in connection

9

with such treatment. The Department of Corrections shall permit access by such licensed

10

medical personnel for such purpose to any person required to begin the treatment and

11

counseling while confined in a facility of the department. The medical personnel utilized

12

or approved by the board shall be required to inform the person about the effect of

13

hormonal chemical treatment and any side effects that may result from it. A person subject

14

to treatment under this Code section shall acknowledge in writing the receipt of this

15

information. Reserved."

16

SECTION 30.

17

(a) This Act shall become effective July 1, 2006.

18

(b) Any person required to register pursuant to the provisions of Code Section 42-1-12,

19

relating to the state sexual offender registry, and any person required not to reside within

20

areas where minors congregate, as prohibited by Code Section 42-1-13, shall not be relieved

21

of the obligation to comply with the provisions of said Code sections by the repeal and

22

reenactment of said Code sections.

23

(c) The provisions of this Act shall not affect or abate the status as a crime of any such act

24

or omission which occurred prior to the effective date of the Act repealing, repealing and

25

reenacting, or amending such law, nor shall the prosecution of such crime be abated as a

26

result of such repeal, repeal and reenactment, or amendment.

27
28

SECTION 31.
All laws and parts of laws in conflict with this Act are repealed.

H. B. 1059
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