Legislation	Clerk's Office	Members	Committees	Meetings	Home	Senate

HB 37 - Inmates; victim under 16; prohibit visitation with minor

Parham, Bobby E (122nd)

Status Summary	HC:	SI&P	SC:	Corr	FR:	01/12/99	LA:	04/28/99	Signed by Governor

First Reader Summary

A BILL to amend Article 3 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to conditions of detention generally, so as to provide that any inmate with a current or prior conviction for any offense involving a victim under the age of 16 years shall not be allowed visitation with any person under the age of 18 years unless special visitation is approved by the warden or superintendent of the correctional institution where the inmate is housed; and for other purposes.

Code Sections - 42-5-56

HB 37                                                HB 37/AP 
 
      H. B. No. 37 (AS PASSED HOUSE AND SENATE) 
      By:  Representative Parham of the 122nd 
 
 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Article 3 of Chapter 5 of Title 42 of the Official 
  1- 2  Code of Georgia Annotated, relating to conditions of 
  1- 3  detention generally, so as to provide that an inmate with a 
  1- 4  current or prior conviction for any sexual offense shall not 
  1- 5  be allowed visitation with certain persons under the age of 
  1- 6  18 years; to define a certain term; to provide that if 
  1- 7  visitation with a minor is restricted by court order, 
  1- 8  permission for special visitation with the minor may be 
  1- 9  granted only by the court issuing such order; to repeal 
  1-10  conflicting laws; and for other purposes. 
 
  1-11       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1-12                           SECTION 1. 
 
  1-13  Article 3 of Chapter 5 of Title 42 of the Official Code of 
  1-14  Georgia Annotated, relating to conditions of detention 
  1-15  generally, is amended by adding between Code Sections 
  1-16  42-5-55 and 42-5-57 a new Code Section 42-5-56 to read as 
  1-17  follows: 
 
  1-18    "42-5-56. 
 
  1-19    (a) As used in this Code section, the term 'sexual 
  1-20    offense' means a violation of Code Section 16-6-1, 
  1-21    relating to the offense of rape; Code Section 16-6-2, 
  1-22    relating to the offenses of sodomy and aggravated sodomy; 
  1-23    Code Section 16-6-5.1, relating to the offense of sexual 
  1-24    assault against a person in custody; Code Section 16-6-22, 
  1-25    relating to the offense of incest; or Code Section 
  1-26    16-6-22.2, relating to the offense of aggravated sexual 
  1-27    battery, when the victim was under 18 years of age at the 
  1-28    time of the commission of any such offense; or a violation 
  1-29    of Code Section 16-6-3, relating to the offense of 
  1-30    statutory rape; Code Section 16-6-4, relating to the 
  1-31    offenses of child molestation and aggravated child 
  1-32    molestation; or Code Section 16-6-5, relating to the 
  1-33    offense of enticing a child for indecent purposes, when 
 
 
 
 
                                 -1- 
 
 
 
  2- 1    the victim was under 16 years of age at the time of the 
  2- 2    commission of any such offense. 
 
  2- 3    (b) Any inmate with a current or prior conviction for any 
  2- 4    sexual offense as defined in subsection (a) of this Code 
  2- 5    section shall not be allowed visitation with any person 
  2- 6    under the age of 18 years unless such person is the 
  2- 7    spouse, son, daughter, brother, sister, grandson, or 
  2- 8    granddaughter of the inmate and such person is not the 
  2- 9    victim of a sexual offense for which the inmate was 
  2-10    convicted.  If visitation with a minor is restricted by 
  2-11    court order, permission for special visitation with the 
  2-12    minor may be granted only by the court issuing such 
  2-13    order." 
 
  2-14                           SECTION 2. 
 
  2-15  All laws and parts of laws in conflict with this Act are 
  2-16  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                 -2-