Georgia Senate - 1995/1996 Sessions

SB 159 - Contributing to Delinquency of Minor - redefine offense

Page Numbers - 1/ 2

Code Sections - 16-5-70

1. Clay  37th             2. Burton  5th             3. Boshears  6th


Senate Comm: S Judy     /         House Comm: Judy       /                                          
Senate Vote: Yeas 52    Nays 0                                                                      
           ---------------------------------------------                                            
              Senate          Action          House                                                 
           ---------------------------------------------                                            
             1/24/95   Read 1st time          2/7/95                                                
             2/1/95    Favorably Reported     2/9/96                                                
                       Committee Amend/Sub    Sub                                                   
             2/2/95    Read 2nd Time          2/8/95                                                
             2/6/95    Read 3rd Time          3/13/96                                               
             2/6/95    Passed/Adopted         3/13/96                                               
                       Comm/Floor Amend/Sub   CS                                                    
             3/18/96   Amend/Sub Agreed To                                                          
             3/29/96   Sent To Governor                                                             
             4/15/96   Signed by Governor                                                           
             943       Act/Veto Number                                                              
           ---------------------------------------------                                            
                                                                                                    
Code Sections amended: 16-5-70                                                                      


SB 159 96                                            SB159/AP

      SENATE BILL 159

      By:  Senators Clay of the 37th, Burton of the 5th and
           Boshears of the 6th

                        A BILL TO BE ENTITLED
                               AN ACT


  1- 1  To amend Chapter 5 of Title 16 of the Official Code of
  1- 2  Georgia Annotated, relating to crimes against the person, so
  1- 3  as to provide for first and second degrees of the offense of
  1- 4  cruelty to children; to provide for penalties; to provide an
  1- 5  effective date; to provide for applicability; to repeal
  1- 6  conflicting laws; and for other purposes.

  1- 7       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

                         SECTION 1.

  1- 8  Chapter 5 of Title 16 of the Official Code of Georgia
  1- 9  Annotated, relating to crimes against the person, is amended
  1-10  by striking in its entirety Code Section 16-5-70, relating
  1-11  to cruelty to children, and inserting in lieu thereof the
  1-12  following:

  1-13    "16-5-70. (Index)

  1-14    (a) A parent, guardian, or other person supervising the
  1-15    welfare of or having immediate charge or custody of a
  1-16    child under the age of 18 commits the offense of cruelty
  1-17    to children in the first degree when such person willfully
  1-18    deprives the child of necessary sustenance to the extent
  1-19    that the child's health or well-being is jeopardized.

  1-20    (b) Any person commits the offense of cruelty to children
  1-21    in the first degree when such person maliciously causes a
  1-22    child under the age of 18 cruel or excessive physical or
  1-23    mental pain. Any person commits the offense of cruelty to
  1-24    children in the second degree when such person
  1-25    intentionally allows a minor to witness the commission of
  1-26    a forcible felony.

  1-27    (c) A person convicted of the offense of cruelty to
  1-28    children in the first degree as provided in this Code
  1-29    section shall be punished by imprisonment for not less
  1-30    than five nor more than 20 years.

  1-31    (d) A person convicted of the offense of cruelty to
  1-32    children in the second degree shall be punished as for a

                             S. B. 159
                                 -1- (Index)

                                                    SB159/AP

  2- 1    misdemeanor upon the first or second conviction. Upon
  2- 2    conviction of a third or subsequent offense of cruelty to
  2- 3    children in the second degree, the defendant shall be
  2- 4    guilty of a felony and shall be sentenced to a fine not
  2- 5    less than $1,000.00 nor more than $5,000.00 or
  2- 6    imprisonment for not less than one year nor more than
  2- 7    three years or shall be sentenced to both fine and
  2- 8    imprisonment."

                         SECTION 2.

  2- 9  This Act shall become effective on July 1, 1996, and shall
  2-10  apply to acts or omissions occurring after July 1, 1996.

                         SECTION 3.

  2-11  All laws and parts of laws in conflict with this Act are
  2-12  repealed.































                             S. B. 159
                                 -2- (Index)