SB 53 - Sex Criminals - court determine sexually violent predator
Georgia Senate - 1995/1996 Sessions
SB 53 - Sex Criminals - court determine sexually violent predator
Page Numbers - 1/ 2/ 3/ 4/ 5/ 6/ 7/ 8/ 9/ 10
Code Sections - 42-1-12
1. Boshears 6th
Senate Comm: Corr / House Comm: SI&P /
Senate Vote: Yeas 51 Nays 0
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Senate Action House
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1/11/95 Read 1st time 2/16/95
2/10/95 Favorably Reported 1/25/96
Sub Committee Amend/Sub Sub
2/13/95 Read 2nd Time 2/17/95
2/15/95 Read 3rd Time 3/13/96
2/15/95 Passed/Adopted 3/13/96
CS Comm/Floor Amend/Sub CS/FA
3/18/96 Amend/Sub Agreed To
3/27/96 Sent To Governor
4/24/96 Signed by Governor
1035 Act/Veto Number
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Code Sections amended: 42-1-12
SB 53 96 SB53/AP
SENATE BILL 53
By: Senator Boshears of the 6th
A BILL TO BE ENTITLED
AN ACT
1- 1 To amend Chapter 1 of Title 42 of the Official Code of
1- 2 Georgia Annotated, relating to general provisions applicable
1- 3 to penal institutions, so as to establish a program of
1- 4 registration for persons who have committed certain crimes
1- 5 against minors or who have committed sexually violent
1- 6 offenses; to define certain terms; to provide for a court
1- 7 determination of a sexually violent predator; to create the
1- 8 Sexual Offender Registration Review Board which will assist
1- 9 the court in determining which offenders are sexually
1-10 violent predators; to provide procedures in connection with
1-11 making such determinations; to provide for the appointment,
1-12 terms of office, compensation, and duties of the members of
1-13 such board; to provide for registration requirements upon
1-14 release, parole, supervised release, or probation of certain
1-15 offenders; to provide for registration with the Georgia
1-16 Bureau of Investigation; to require certain state officials
1-17 to perform certain duties; to provide that the Georgia Crime
1-18 Information Center shall create certain criminal justice
1-19 information systems to facilitate carrying out the
1-20 provisions of this Act; to provide for the transfer of
1-21 certain information to local law enforcement agencies, the
1-22 Federal Bureau of Investigation, and law enforcement
1-23 agencies in other states; to provide for continuing
1-24 registration and verification through local law enforcement
1-25 agencies; to require each sheriff to maintain a register of
1-26 information concerning certain offenders based on
1-27 information received from the Georgia Bureau of
1-28 Investigation; to provide for verification of information;
1-29 to provide for notification of sheriffs of changes of
1-30 address of certain convicted persons; to provide for
1-31 registration for changes of address to another state; to
1-32 provide for length of registration; to provide penalties for
1-33 violations of this Act or for the provision of false
1-34 information; to provide for release of information; to
1-35 provide immunity to certain officials for good faith
1-36 conduct; to provide for applicability with respect to
1-37 another law; to provide for rules and regulations; to
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2- 1 provide for related matters; to repeal conflicting laws; and
2- 2 for other purposes.
2- 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
2- 4 Chapter 1 of Title 42 of the Official Code of Georgia
2- 5 Annotated, relating to general provisions applicable to
2- 6 penal institutions, is amended by adding at the end thereof
2- 7 a new Code Section 42-1-12 to read as follows:
2- 8 "42-1-12. (Index)
2- 9 (a) As used in this Code section, the term:
2-10 (1) 'Appropriate state official' means:
2-11 (A) With respect to an offender who is sentenced to
2-12 probation without any sentence of incarceration in the
2-13 state prison system, the sentencing court;
2-14 (B) With respect to an offender who is sentenced to a
2-15 period of incarceration in a prison under the
2-16 jurisdiction of the Department of Corrections and who
2-17 is subsequently released from prison or placed on
2-18 probation, the commissioner of corrections or his or
2-19 her designee; and
2-20 (C) With respect to an offender who is placed on
2-21 parole, the chairperson of the State Board of Pardons
2-22 and Paroles or his or her designee.
2-23 (2) 'Board' means the Sexual Offender Registration
2-24 Review Board.
2-25 (3) 'Conviction' includes a final judgment of conviction
2-26 entered upon a verdict or finding of guilty of a crime
2-27 or upon a plea of guilty. Unless otherwise required by
2-28 federal law, a defendant who is discharged without
2-29 adjudication of guilt and who is not considered to have
2-30 a criminal conviction pursuant to Article 3 of Chapter 8
2-31 of this title, relating to first offenders, shall not be
2-32 subject to the registration requirements of this Code
2-33 section.
2-34 (4)(A) 'Criminal offense against a victim who is a
2-35 minor' means any criminal offense under Title 16 of
2-36 this Code that consists of:
2-37 (i) Kidnapping of a minor, except by a parent;
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3- 1 (ii) False imprisonment of a minor, except by a
3- 2 parent;
3- 3 (iii) Criminal sexual conduct toward a minor;
3- 4 (iv) Solicitation of a minor to engage in sexual
3- 5 conduct;
3- 6 (v) Use of a minor in a sexual performance;
3- 7 (vi) Solicitation of a minor to practice
3- 8 prostitution; or
3- 9 (vii) Any conduct that by its nature is a sexual
3-10 offense against a minor.
3-11 (B) For purposes of this paragraph, conduct which is
3-12 criminal only because of the age of the victim shall
3-13 not be considered a criminal offense if the
3-14 perpetrator is 18 years of age or younger.
3-15 (5) 'Mental abnormality' means a congenital or acquired
3-16 condition of a person that affects the emotional or
3-17 volitional capacity of the person in a manner that
3-18 predisposes that person to the commission of criminal
3-19 sexual acts to a degree that makes the person a menace
3-20 to the health and safety of other persons.
3-21 (6) 'Predatory' means an act directed at a stranger or a
3-22 person with whom a relationship has been established or
3-23 promoted for the primary purpose of victimization.
3-24 (7) 'Sexually violent offense' means a conviction for
3-25 violation of Code Section 16-6-1, relating to rape; Code
3-26 Section 16-6-2, relating to aggravated sodomy; Code
3-27 Section 16-6-4, relating to aggravated child
3-28 molestation; Code Section 16-6-22.1, relating to sexual
3-29 battery; or Code Section 16-6-22.2, relating to
3-30 aggravated sexual battery; or an offense that has as its
3-31 element engaging in physical contact with another person
3-32 with intent to commit such an offense; or a conviction
3-33 in a federal court or court of another state or
3-34 territory for a felony offense which under the laws of
3-35 this state would be classified as a violation of a Code
3-36 section listed in this paragraph.
3-37 (8) 'Sexually violent predator' means a person who has
3-38 been convicted on or after July 1, 1996, of a sexually
3-39 violent offense and who suffers from a mental
3-40 abnormality or personality disorder or attitude that
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4- 1 places the person at risk of perpetrating any future
4- 2 predatory sexually violent offenses.
4- 3 (b)(1)(A)(i) On and after July 1, 1996, a person who
4- 4 is convicted of a criminal offense against a victim
4- 5 who is a minor or who is convicted of a sexually
4- 6 violent offense shall register his or her name and
4- 7 current address; place of employment, if any; the
4- 8 crime of which convicted; and the date released from
4- 9 prison or placed on parole, supervised release, or
4-10 probation with the Georgia Bureau of Investigation
4-11 for the time period specified in paragraph (1) of
4-12 subsection (g) of this Code section.
4-13 (ii) A person who has previously been convicted of a
4-14 criminal offense against a victim who is a minor or
4-15 who has previously been convicted of a sexually
4-16 violent offense and who is released from prison or
4-17 placed on parole, supervised release, or probation
4-18 on or after July 1, 1996, shall register his or her
4-19 name and current address; place of employment, if
4-20 any; the crime of which convicted; and the date
4-21 released from prison or placed on parole, supervised
4-22 release, or probation with the Georgia Bureau of
4-23 Investigation for the time period specified in
4-24 paragraph (1) of subsection (g) of this Code
4-25 section.
4-26 (B) A person who is a sexually violent predator shall
4-27 register the information required under subparagraph
4-28 (A) of this paragraph with the Georgia Bureau of
4-29 Investigation until such requirement is terminated
4-30 under paragraph (2) of subsection (g) of this Code
4-31 section.
4-32 (2)(A) A determination that a person is a sexually
4-33 violent predator and a determination that a person is
4-34 no longer a sexually violent predator shall be made by
4-35 the sentencing court after receiving a report by the
4-36 Sexual Offender Registration Review Board.
4-37 (B) The Sexual Offender Registration Review Board
4-38 shall be composed of three professionals licensed
4-39 under Title 43 of this Code and knowledgeable in the
4-40 field of the behavior and treatment of sexual
4-41 offenders. The members of such board shall be
4-42 appointed by the commissioner of human resources for
4-43 terms of four years with initial terms commencing
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5- 1 September 1, 1996. After the initial terms specified
5- 2 in this subparagraph, members of the board shall take
5- 3 office on the first day of September immediately
5- 4 following the expired term of that office and shall
5- 5 serve for a term of four years and until the
5- 6 appointment of their respective successors. No member
5- 7 shall serve on the board more than two consecutive
5- 8 terms. Vacancies occurring on the board, other than
5- 9 those caused by expiration of a term of office, shall
5-10 be filled in the same manner as the original
5-11 appointment to the position vacated for the remainder
5-12 of the unexpired term and until a successor is
5-13 appointed. Members shall be entitled to an expense
5-14 allowance and travel cost reimbursement the same as
5-15 members of certain other boards and commissions as
5-16 provided in Code Section 45-7-21.
5-17 (C) Upon a determination that an offender is guilty of
5-18 a sexually violent offense, the court may request a
5-19 report from the Sex Offender Registration Review Board
5-20 as to the likelihood that the offender suffers from a
5-21 mental abnormality or personality disorder that would
5-22 make the person likely to engage in a predatory
5-23 sexually violent offense. The report shall be
5-24 requested as a matter of course for any offender with
5-25 a history of sexually violent offenses. The court
5-26 shall provide the Sex Offender Registration Review
5-27 Board with any information available to assist the
5-28 board in rendering an opinion. The board shall have
5-29 60 days from receipt of the court's request to respond
5-30 with its report. Within 60 days of receiving the
5-31 report, the court shall issue a ruling as to whether
5-32 or not the offender shall be classified as a sexually
5-33 violent predator. If the court determines the
5-34 offender to be a sexually violent predator, such fact
5-35 shall be communicated in writing to the appropriate
5-36 state official and to the Georgia Bureau of
5-37 Investigation.
5-38 (D) An offender who has been determined to be a
5-39 sexually violent predator and who is required to
5-40 register under this Code section may make application
5-41 to the board to have such registration requirements
5-42 terminated on the grounds that such person no longer
5-43 suffers from a mental abnormality or personality
5-44 disorder that would make the person likely to engage
5-45 in a predatory sexually violent offense. Such an
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6- 1 application may be made by the offender and heard by
6- 2 the board only after the offender has been released on
6- 3 parole or probation or from incarceration for a period
6- 4 of three years and not more than once every two years
6- 5 thereafter. If the board determines that such
6- 6 offender should no longer be classified as a sexually
6- 7 violent predator, such information shall be forwarded
6- 8 to the sentencing court, where a final decision on the
6- 9 matter shall be rendered. If the court concurs with
6-10 the board's recommendation, such information shall be
6-11 forwarded to the Georgia Bureau of Investigation and
6-12 the registration requirements of this Code section
6-13 shall no longer apply to such offender. If such a
6-14 determination is not made by the court to terminate
6-15 the registration requirements, the offender shall be
6-16 required to continue to comply with the registration
6-17 requirements of this Code section.
6-18 (3)(A) If a person who is required to register under
6-19 this Code section is released from prison or placed on
6-20 parole, supervised release, or probation, the
6-21 appropriate state official shall:
6-22 (i) Inform the person of the duty to register and
6-23 obtain the information required under subparagraph
6-24 (b)(1)(A) for such registration;
6-25 (ii) Inform the person that, if the person changes
6-26 residence address, the person shall give the new
6-27 address to the sheriff with whom the person last
6-28 registered;
6-29 (iii) Inform the person that, if the person changes
6-30 residence to another state, the person shall
6-31 register the new address with the sheriff with whom
6-32 the person last registered, and that the person
6-33 shall also register with a designated law
6-34 enforcement agency in the new state not later than
6-35 ten days after establishing residence in the new
6-36 state if the new state has a registration
6-37 requirement;
6-38 (iv) Obtain fingerprints and a photograph of the
6-39 person if such fingerprints and photograph have not
6-40 already been obtained in connection with the offense
6-41 that triggered the initial registration; and
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7- 1 (v) Require the person to read and sign a form
7- 2 stating that the duty of the person to register
7- 3 under this Code section has been explained.
7- 4 (B) In addition to the requirements of subparagraph
7- 5 (A) of this paragraph, for a person required to
7- 6 register under subparagraph (B) of paragraph (1) of
7- 7 this subsection, the appropriate state official shall
7- 8 obtain the name of the person; descriptive physical
7- 9 and behavioral information to assist law enforcement
7-10 personnel in identifying the person; known current or
7-11 proposed residence addresses of the person; place of
7-12 employment, if any; offense history of the person; and
7-13 documentation of any treatment received for any mental
7-14 abnormality or personality disorder of the person;
7-15 provided, however, that the appropriate state official
7-16 shall not be required to obtain any information
7-17 already on the criminal justice information system of
7-18 the Georgia Crime Information Center.
7-19 (C) The Georgia Crime Information Center shall create
7-20 criminal justice information system network
7-21 transaction screens by which appropriate state
7-22 officials shall enter original data required by this
7-23 Code section. Screens shall also be created for
7-24 sheriffs' offices for the entry of record confirmation
7-25 data, changes of residence, employment or other
7-26 pertinent data, and to assist in offender
7-27 identification.
7-28 (c) The appropriate state official shall, within three
7-29 days after receipt of information described in paragraph
7-30 (3) of subsection (b) of this Code section, forward such
7-31 information to the Georgia Bureau of Investigation. Once
7-32 the data is entered into the Criminal Justice Information
7-33 System by the appropriate state official or sheriff, the
7-34 Georgia Crime Information Center shall immediately notify
7-35 the sheriff of the county where the person expects to
7-36 reside. The Georgia Bureau of Investigation shall also
7-37 immediately transmit the conviction data and fingerprints
7-38 to the Federal Bureau of Investigation. It shall be the
7-39 duty of the sheriff of each county within this state to
7-40 maintain a register of the names and addresses of all
7-41 offenders whose names have been provided by the Georgia
7-42 Bureau of Investigation to the sheriff under this Code
7-43 section. The Georgia Bureau of Investigation shall
7-44 establish operating policies and procedures concerning
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8- 1 record ownership, quality, verification, modification, and
8- 2 cancellation and shall perform mail out and verification
8- 3 duties on a quarterly basis. The Georgia Bureau of
8- 4 Investigation shall send each month criminal justice
8- 5 information system network messages to sheriffs listing
8- 6 offenders due for verification. The bureau shall also
8- 7 create a photo image file from original entries and
8- 8 provide such entries to sheriffs to assist in offender
8- 9 identification and verification.
8-10 (d)(1) For a person required to register under
8-11 subparagraph (b)(1)(A) of this Code section, on each
8-12 anniversary of the person's initial registration date
8-13 during the period in which the person is required to
8-14 register under this Code section the following applies:
8-15 (A) The Georgia Bureau of Investigation shall mail a
8-16 nonforwardable verification form to the last reported
8-17 address of the person;
8-18 (B) The person shall be required as a condition of
8-19 parole or probation to respond directly to the sheriff
8-20 within ten days after receipt of the form;
8-21 (C) The verification form stating that the person
8-22 still resides at the address last reported to the
8-23 Georgia Bureau of Investigation shall be signed by the
8-24 person and retained by the sheriff; and
8-25 (D) If the person fails to respond directly to the
8-26 sheriff within ten days after receipt of the form, the
8-27 person shall be in violation of this Code section
8-28 unless the person proves that he or she has not
8-29 changed the residence address.
8-30 (2) The provisions of paragraph (1) of this subsection
8-31 shall be applied to a person required to register under
8-32 subparagraph (b)(1)(B) of this Code section, except that
8-33 such person must verify the registration every 90 days
8-34 after the date of the initial release on probation by
8-35 the court or the initial release by the Department of
8-36 Corrections or commencement of parole.
8-37 (e) A change of address by a person required to register
8-38 under this Code section reported to the Georgia Bureau of
8-39 Investigation shall be immediately reported to the sheriff
8-40 of the county where the person resides. The Georgia
8-41 Bureau of Investigation shall, if the person changes
8-42 residence to another state, notify the law enforcement
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9- 1 agency with which the person must register in the new
9- 2 state if the new state has a registration requirement.
9- 3 (f) A person who has been convicted of an offense which
9- 4 requires registration under this Code section shall
9- 5 register the new address with a designated law enforcement
9- 6 agency in another state to which the person moves not
9- 7 later than ten days after such person establishes
9- 8 residence in the new state if the new state has a
9- 9 registration requirement.
9-10 (g)(1) A person required to register under subparagraph
9-11 (b)(1)(A) of this Code section shall continue to comply
9-12 with this Code section until ten years have elapsed
9-13 since the person was released from prison or placed on
9-14 parole, supervised release, or probation.
9-15 (2) The requirement of a person to register under
9-16 subparagraph (b)(1)(B) of this Code section shall
9-17 terminate upon a determination, made in accordance with
9-18 paragraph (2) of subsection (b) of this Code section,
9-19 that the person no longer suffers from a mental
9-20 abnormality or personality disorder that would make the
9-21 person likely to engage in a predatory sexually violent
9-22 offense.
9-23 (h) Any person who is required to register under this Code
9-24 section and who fails to comply with the requirements of
9-25 this Code section or who provides false information shall
9-26 be guilty of a misdemeanor; provided, however, that upon
9-27 the conviction of the third or subsequent offense under
9-28 this subsection, the defendant shall be guilty of a felony
9-29 and shall be punished by imprisonment for not less than
9-30 one nor more than three years.
9-31 (i) The information collected under the state registration
9-32 program shall be treated as private data except that:
9-33 (1) Such information may be disclosed to law enforcement
9-34 agencies for law enforcement purposes;
9-35 (2) Such information may be disclosed to government
9-36 agencies conducting confidential background checks;
9-37 (3) The Georgia Bureau of Investigation or any sheriff
9-38 maintaining records required under this Code section is
9-39 authorized to release relevant information collected
9-40 under this Code section that is necessary to protect the
9-41 public concerning a specific person required to register
9-42 under this Code section, except that the identity of a
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10- 1 victim of an offense that requires registration under
10- 2 this Code section shall not be released; and
10- 3 (4) It shall be the responsibility of the sheriff
10- 4 maintaining records required under this Code section to
10- 5 enforce the criminal provisions of this Code section.
10- 6 The sheriff may request the assistance of the Georgia
10- 7 Bureau of Investigation upon his or her discretion.
10- 8 (j) Law enforcement agencies, employees of law enforcement
10- 9 agencies, members of the Sex Offender Registration Review
10-10 Board, and state officials shall be immune from liability
10-11 for good faith conduct under this Code section.
10-12 (k) The provisions of this Code section shall be in
10-13 addition to and not in lieu of the provisions of Code
10-14 Section 42-9-44.1, relating to conditions for parole of
10-15 sexual offenders.
10-16 (l) The Board of Public Safety is authorized to promulgate
10-17 rules and regulations necessary for the Georgia Bureau of
10-18 Investigation and the Georgia Crime Information Center to
10-19 implement and carry out the provisions of this Code
10-20 section."
SECTION 2.
10-21 All laws and parts of laws in conflict with this Act are
10-22 repealed.
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Office of the Secretary of the Senate
Frank Eldridge, Jr., Secretary of the Senate
Last Updated on 01/02/97