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HB1079.html
02 LC 22 4781S


The House Committee on Special Judiciary offers the following substitute to HB 1079:




A BILL TO BE ENTITLED
AN ACT

To amend Code Section 16_8_12 of the Official Code of Georgia Annotated, relating to penalties for certain theft offenses, so as to provide that it is the duty of the prosecuting attorney in prosecutions for theft by deception to provide to a newspaper specified information for any person convicted of theft by deception against elder persons or disabled persons; to provide for the duty of the sheriff to provide a picture; to provide for exceptions; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Code Section 16_8_12 of the Official Code of Georgia Annotated, relating to penalties for certain theft offenses, is amended by inserting a new subsection to be designated as subsection (d) to read as follows:
"(d)(1) In addition to any other provision of law, if a person is convicted of a violation of Code Section 16_8_3 when the offense was committed against a person who is an elder person, as defined in Code Section 10_1_850, or a disabled person, as defined in Code Section 10_1_850, it shall be the duty of the prosecuting attorney for all such defendants to provide to a newspaper of general circulation in the county where the defendant was convicted the name of the defendant, the date of the conviction, and a general account of the conduct for which the defendant was convicted. Upon request of the prosecuting attorney, it shall be the duty of the sheriff of the county to provide such newspaper with a copy of the picture of such defendant that was taken upon the arrest or booking of such defendant.
(2) This subsection shall not apply to the first offense of any defendant sentenced in accordance with Article 3 of Chapter 8 of Title 42, relating to probation of first offenders, unless an adjudication of guilt of such first offense is later entered by the court in accordance with Code Section 42_8_60."

SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.