HB 377 - Child Protection Act of 1995
Georgia House of Representatives - 1995/1996 Sessions
HB 377 - Child Protection Act of 1995
Page Numbers - 1/ 2/ 3/ 4
1. Towery 30th 2. Coker 31st 3. Trense 44th
4. Davis 48th 5. Pelote 149th 6. Brooks 54th
House Comm: PubS / Senate Comm: Judy /
House Vote: Yeas 164 Nays 0 Senate Vote: Yeas 49 Nays 0
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House Action Senate
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1/25/95 Read 1st Time 2/7/95
1/26/95 Read 2nd Time 3/13/95
2/2/95 Favorably Reported 3/13/95
Committee Amend/Sub Sub
2/6/95 Read 3rd Time 3/14/95
2/6/95 Passed/Adopted 3/14/95
FA Comm/Floor Amend/Sub CS
3/15/95 Amend/Sub Agreed To
3/31/95 Sent to Governor
4/19/95 Signed by Governor
433 Act/Veto Number
7/1/95 Effective Date
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Code Sections amended: 16-5-70, 16-6-3, 16-6-4, 16-6-5, 16-12-100
HB 377 HB 377/AP
H. B. No. 377 (AS PASSED HOUSE AND SENATE)
By: Representatives Towery of the 30th, Coker of the 31st,
Trense of the 44th, Davis of the 48th, Pelote of the 149th
and others
A BILL TO BE ENTITLED
AN ACT
1- 1 To amend Title 16 of the Official Code of Georgia Annotated,
1- 2 relating to criminal offenses, so as to provide for a short
1- 3 title; to increase the minimum periods of incarceration for
1- 4 cruelty to children, child molestation, and aggravated child
1- 5 molestation; to change the definitions of the offenses of
1- 6 statutory rape, child molestation, and enticing a child for
1- 7 indecent purposes; to eliminate the possibility of probation
1- 8 of the sentence of a first time offender; to change the
1- 9 minimum age for offenses of child molestation; to increase
1-10 the penalties for sexual exploitation of children; to
1-11 provide for related matters; to repeal conflicting laws; and
1-12 for other purposes.
1-13 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
1-14 This Act shall be known and may be cited as the "Child
1-15 Protection Act of 1995."
SECTION 2.
1-16 Title 16 of the Official Code of Georgia Annotated, relating
1-17 to criminal offenses, is amended by striking Code Section
1-18 16-5-70, relating to cruelty to children, in its entirety
1-19 and inserting in lieu thereof the following:
1-20 "16-5-70. (Index)
1-21 (a) A parent, guardian, or other person supervising the
1-22 welfare of or having immediate charge or custody of a
1-23 child under the age of 18 commits the offense of cruelty
1-24 to children when he such person willfully deprives the
1-25 child of necessary sustenance to the extent that the
1-26 child's health or well-being is jeopardized.
1-27 (b) Any person commits the offense of cruelty to children
1-28 when he such person maliciously causes a child under the
1-29 age of 18 cruel or excessive physical or mental pain.
H. B. No. 377
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HB 377/AP
2- 1 (c) A person convicted of the offense of cruelty to
2- 2 children as provided in this Code section shall be
2- 3 punished by imprisonment for not less than one five nor
2- 4 more than 20 years."
SECTION 3.
2- 5 Said title is further amended by striking in its entirety
2- 6 Code Section 16-6-3, relating to the offense of statutory
2- 7 rape, and inserting in lieu thereof a new Code Section to
2- 8 read as follows:
2- 9 "(a) A person commits the offense of statutory rape when
2-10 he or she engages in sexual intercourse with any female
2-11 person under the age of 14 16 years and not his or her
2-12 spouse, provided that no conviction shall be had for this
2-13 offense on the unsupported testimony of the female victim.
2-14 (b) A person convicted of the offense of statutory rape
2-15 shall be punished by imprisonment for not less than one
2-16 nor more than 20 years; provided, however, that if the
2-17 victim is 14 or 15 years of age and the person so
2-18 convicted is no more than three years older than the
2-19 victim, such person may, in the discretion of the court,
2-20 be punished as for a misdemeanor."
SECTION 4.
2-21 Said title is further amended by striking Code Section
2-22 16-6-4, relating to child molestation and aggravated child
2-23 molestation, in its entirety and inserting in lieu thereof
2-24 the following:
2-25 "16-6-4. (Index)
2-26 (a) A person commits the offense of child molestation when
2-27 he or she does any immoral or indecent act to or in the
2-28 presence of or with any child under the age of 14 16 years
2-29 with the intent to arouse or satisfy the sexual desires of
2-30 either the child or the person.
2-31 (b) A person convicted of a first offense of child
2-32 molestation shall be punished by imprisonment for not less
2-33 than one five nor more than 20 years. Upon such first
2-34 conviction of the offense of child molestation, the judge
2-35 may probate the sentence; and such probation may be upon
2-36 the special condition that the defendant undergo a
2-37 mandatory period of counseling administered by a licensed
2-38 psychiatrist or a licensed psychologist. However, if the
2-39 judge finds that such probation should not be imposed, he
H. B. No. 377
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HB 377/AP
3- 1 or she shall sentence the defendant to imprisonment;
3- 2 provided, further, that upon a defendant's being
3- 3 incarcerated on a conviction for such first offense, the
3- 4 Department of Corrections shall provide counseling to such
3- 5 defendant. Upon a second or subsequent conviction of an
3- 6 offense of child molestation, the defendant shall be
3- 7 punished by imprisonment for not less than five ten years
3- 8 nor more than 30 years or by imprisonment for life;
3- 9 provided, however, that prior to trial, a defendant shall
3-10 be given notice, in writing, that the state intends to
3-11 seek a punishment of life imprisonment. Adjudication of
3-12 guilt or imposition of sentence for a conviction of a
3-13 second or subsequent offense of child molestation,
3-14 including a plea of nolo contendere, shall not be
3-15 suspended, probated, deferred, or withheld.
3-16 (c) A person commits the offense of aggravated child
3-17 molestation when he such person commits an offense of
3-18 child molestation which act physically injures the child
3-19 or involves an act of sodomy.
3-20 (d) A person convicted of the offense of aggravated child
3-21 molestation shall be punished by imprisonment for not less
3-22 than ten nor more than 30 years. Any person convicted
3-23 under this Code section of the offense of aggravated child
3-24 molestation shall, in addition, be subject to the
3-25 sentencing and punishment provisions of Code Sections
3-26 17-10-6.1 and 17-10-7."
SECTION 5.
3-27 Said chapter is further amended by striking in its entirety
3-28 subsection (a) of Code Section 16-6-5, relating to the
3-29 offense of enticing a child for indecent purposes, and
3-30 inserting in lieu thereof a new subsection to read as
3-31 follows:
3-32 "(a) A person commits the offense of enticing a child for
3-33 indecent purposes when he or she solicits, entices, or
3-34 takes any child under the age of 14 16 years to any place
3-35 whatsoever for the purpose of child molestation or
3-36 indecent acts."
SECTION 6.
3-37 Said title is further amended by striking subsection (g) of
3-38 Code Section 16-12-100, relating to sexual exploitation of
3-39 children, in its entirety and inserting in lieu thereof a
3-40 new subsection (g) to read as follows:
H. B. No. 377
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HB 377/AP
4- 1 "(g)(1) Except as otherwise provided in paragraphs (2)
4- 2 and (3) of this subsection, any person who violates a
4- 3 provision of this Code section shall be guilty of a
4- 4 felony and, upon conviction thereof, shall be punished
4- 5 by imprisonment for not less than one year five years
4- 6 nor more than 20 years or and by a fine of not more than
4- 7 $100,000.00, or both. In the event, however, that the
4- 8 person so convicted is a member of the immediate family
4- 9 of the victim, no fine shall be imposed.
4-10 (2) Any person who violates paragraph (8) of subsection
4-11 (b) of this Code section shall be guilty of a
4-12 misdemeanor.
4-13 (3) Any person who violates subsection (c) of this Code
4-14 section shall be guilty of a misdemeanor."
SECTION 7.
4-15 All laws and parts of laws in conflict with this Act are
4-16 repealed.
H. B. No. 377
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Office of the Clerk of the House
Robert E. Rivers, Jr., Clerk of the House
Last Updated on 01/02/97