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| Georgia General Assembly |
SB15.html
01 LC 29 0009
Senate Bill
15
By: Senators Cheeks of the 23rd, Kemp of
the 3rd, Meyer von Bremen of the 12th, Hecht of the
34th and Tanksley of the 32nd
A BILL TO BE
ENTITLED
AN ACT
To amend Title 16 of the Official Code of Georgia Annotated,
relating to crimes and offenses, so as to authorize publication of arrest
photographs of persons convicted of crimes involving sexual acts and family
violence; to fund said publication; to provide civil and criminal immunity for
said publication; to provide for related matters; to repeal conflicting laws;
and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
SECTION 1.
Title 16 of the Official Code of Georgia Annotated, relating
to crimes and offenses, is amended in Code Section 16-5-20, relating to simple
assault, by striking subsection (d) and inserting in its place a new subsection
to read as
follows:
"(d)(1)
If the offense of simple assault is committed between past or present spouses,
persons who are parents of the same child, parents and children, stepparents and
stepchildren, foster parents and foster children, or other persons excluding
siblings living or formerly living in the same household, the defendant shall be
punished for a misdemeanor of a high and aggravated nature. In no event shall
this subsection be applicable to corporal punishment administered by a parent or
guardian to a child or administered by a person acting in loco
parentis.
(2) The clerk of the court in which a
person is convicted under paragraph (1) of this subsection or a plea of nolo
contendere is accepted shall cause to be published a notice of conviction for
each such person convicted. Such notices of conviction shall be published in the
manner of legal notices in the legal organ of the county in which such person
resides or, in the case of nonresidents, in the legal organ of the county in
which the person was convicted. Such notice of conviction shall be one column
wide by two inches long and shall contain the photograph taken by the arresting
law enforcement agency at the time of arrest, name and address of the convicted
person, and the date, time, place of arrest, and disposition of the case and
shall be published once in the legal organ of the appropriate county in the
second week following such conviction or as soon thereafter as publication may
be made.
(3) The convicted person for which a
notice of conviction is published pursuant to this subsection shall be assessed
$25.00 for the cost of publication of such notice and such assessment shall be
imposed at the time of conviction in addition to any other fine imposed pursuant
to this Code section.
(4) The clerk of the
court, the publisher of any legal organ which publishes a notice of conviction,
and any other person involved in the publication of an erroneous notice of
conviction shall be immune from civil or criminal liability for such erroneous
publication, provided such publication was made in good
faith."
SECTION 2.
Said title is further amended in Code Section 16-5-21,
relating to aggravated assault, by striking subsection (i) and inserting in its
place a new subsection to read as
follows:
"(i)(1)
If the offense of aggravated assault is committed between past or present
spouses, persons who are parents of the same child, parents and children,
stepparents and stepchildren, foster parents and foster children, or other
persons excluding siblings living or formerly living in the same household, the
defendant shall be punished by imprisonment for not less than three nor more
than 20 years.
(2) The clerk of the court in which
a person is convicted under paragraph (1) of this subsection or a plea of nolo
contendere is accepted shall cause to be published a notice of conviction for
each such person convicted. Such notices of conviction shall be published in
the manner of legal notices in the legal organ of the county in which such
person resides or, in the case of nonresidents, in the legal organ of the county
in which the person was convicted. Such notice of conviction shall be one
column wide by two inches long and shall contain the photograph taken by the
arresting law enforcement agency at the time of arrest, name and address of the
convicted person, and the date, time, place of arrest, and disposition of the
case and shall be published once in the legal organ of the appropriate county in
the second week following such conviction or as soon thereafter as publication
may be made.
(3) The convicted person for which
a notice of conviction is published pursuant to this subsection shall be
assessed $25.00 for the cost of publication of such notice and such assessment
shall be imposed at the time of conviction in addition to any other fine imposed
pursuant to this Code section.
(4) The clerk of
the court, the publisher of any legal organ which publishes a notice of
conviction, and any other person involved in the publication of an erroneous
notice of conviction shall be immune from civil or criminal liability for such
erroneous publication, provided such publication was made in good
faith."
SECTION 3.
Said title is further amended in Code Section 16-5-23,
relating to simple battery, by striking subsection (f) and inserting in its
place a new subsection to read as
follows:
"(f)(1)
If the offense of simple battery is committed between past or present spouses,
persons who are parents of the same child, parents and children, stepparents and
stepchildren, foster parents and foster children, or other persons excluding
siblings living or formerly living in the same household, the defendant shall be
punished for a misdemeanor of a high and aggravated nature. In no event shall
this subsection be applicable to corporal punishment administered by a parent or
guardian to a child or administered by a person acting in loco
parentis.
(2) The clerk of the court in which a
person is convicted under paragraph (1) of this subsection or a plea of nolo
contendere is accepted shall cause to be published a notice of conviction for
each such person convicted. Such notices of conviction shall be published in
the manner of legal notices in the legal organ of the county in which such
person resides or, in the case of nonresidents, in the legal organ of the county
in which the person was convicted. Such notice of conviction shall be one
column wide by two inches long and shall contain the photograph taken by the
arresting law enforcement agency at the time of arrest, name and address of the
convicted person, and the date, time, place of arrest, and disposition of the
case and shall be published once in the legal organ of the appropriate county in
the second week following such conviction or as soon thereafter as publication
may be made.
(3) The convicted person for which
a notice of conviction is published pursuant to this subsection shall be
assessed $25.00 for the cost of publication of such notice and such assessment
shall be imposed at the time of conviction in addition to any other fine imposed
pursuant to this Code section.
(4) The clerk of
the court, the publisher of any legal organ which publishes a notice of
conviction, and any other person involved in the publication of an erroneous
notice of conviction shall be immune from civil or criminal liability for such
erroneous publication, provided such publication was made in good
faith."
SECTION 4.
Said title is further amended in Code Section 16-5-23.1,
relating to battery, by striking subsection (f) and inserting in its place a new
subsection to read as
follows:
"(f)(1)
If the offense of battery is committed between past or present spouses, persons
who are parents of the same child, parents and children, stepparents and
stepchildren, foster parents and foster children, or other persons living or
formerly living in the same household, then such offense shall constitute the
offense of family violence battery and shall be punished as
follows:
(1)(A) Upon a first
conviction of family violence battery, the defendant shall be guilty of and
punished for a misdemeanor;
and
(2)(B) Upon a second or
subsequent conviction of family violence battery against the same or another
victim, the defendant shall be guilty of a felony and shall be punished by
imprisonment for not less than one nor more than five years. In no event shall
this subsection be applicable to reasonable corporal punishment administered by
parent to child.
(2) The clerk of the court in
which a person is convicted under paragraph (1) of this subsection or a plea of
nolo contendere is accepted shall cause to be published a notice of conviction
for each such person convicted. Such notices of conviction shall be published
in the manner of legal notices in the legal organ of the county in which such
person resides or, in the case of nonresidents, in the legal organ of the county
in which the person was convicted. Such notice of conviction shall be one
column wide by two inches long and shall contain the photograph taken by the
arresting law enforcement agency at the time of arrest, name and address of the
convicted person, and the date, time, place of arrest, and disposition of the
case and shall be published once in the legal organ of the appropriate county in
the second week following such conviction or as soon thereafter as publication
may be made.
(3) The convicted person for which
a notice of conviction is published pursuant to this subsection shall be
assessed $25.00 for the cost of publication of such notice and such assessment
shall be imposed at the time of conviction in addition to any other fine imposed
pursuant to this Code section.
(4) The clerk of
the court, the publisher of any legal organ which publishes a notice of
conviction, and any other person involved in the publication of an erroneous
notice of conviction shall be immune from civil or criminal liability for such
erroneous publication, provided such publication was made in good
faith."
SECTION 5.
Said title is further amended in Code Section 16-5-24,
relating to aggravated battery, by striking subsection (h) and inserting in its
place a new subsection to read as
follows:
"(h)(1)
If the offense of aggravated battery is committed between past or present
spouses, persons who are parents of the same child, parents and children,
stepparents and stepchildren, foster parents and foster children, or other
persons excluding siblings living or formerly living in the same household, the
defendant shall be punished by imprisonment for not less than three nor more
than 20 years.
(2) The clerk of the court in which
a person is convicted under paragraph (1) of this subsection or a plea of nolo
contendere is accepted shall cause to be published a notice of conviction for
each such person convicted. Such notices of conviction shall be published in
the manner of legal notices in the legal organ of the county in which such
person resides or, in the case of nonresidents, in the legal organ of the county
in which the person was convicted. Such notice of conviction shall be one
column wide by two inches long and shall contain the photograph taken by the
arresting law enforcement agency at the time of arrest, name and address of the
convicted person, and the date, time, place of arrest, and disposition of the
case and shall be published once in the legal organ of the appropriate county in
the second week following such conviction or as soon thereafter as publication
may be made.
(3) The convicted person for which
a notice of conviction is published pursuant to this subsection shall be
assessed $25.00 for the cost of publication of such notice and such assessment
shall be imposed at the time of conviction in addition to any other fine imposed
pursuant to this Code section.
(4) The clerk of
the court, the publisher of any legal organ which publishes a notice of
conviction, and any other person involved in the publication of an erroneous
notice of conviction shall be immune from civil or criminal liability for such
erroneous publication, provided such publication was made in good
faith."
SECTION 6.
Said title is further amended in Code Section 16-6-1,
relating to rape, by striking subsection (b) and inserting in its place a new
subsection to read as
follows:
"(b)(1)
A person convicted of the offense of rape shall be punished by death, by
imprisonment for life without parole, by imprisonment for life, or by
imprisonment for not less than ten nor more than 20 years. Any person convicted
under this Code section shall, in addition, be subject to the sentencing and
punishment provisions of Code Sections 17-10-6.1 and
17-10-7.
(2) The clerk of the court in which a
person is convicted of rape or a plea of nolo contendere is accepted shall cause
to be published a notice of conviction for each such person convicted. Such
notices of conviction shall be published in the manner of legal notices in the
legal organ of the county in which such person resides or, in the case of
nonresidents, in the legal organ of the county in which the person was
convicted. Such notice of conviction shall be one column wide by two inches
long and shall contain the photograph taken by the arresting law enforcement
agency at the time of arrest, name and address of the convicted person, and the
date, time, place of arrest, and disposition of the case and shall be published
once in the legal organ of the appropriate county in the second week following
such conviction or as soon thereafter as publication may be
made.
(3) The convicted person for which a
notice of conviction is published pursuant to this subsection shall be assessed
$25.00 for the cost of publication of such notice and such assessment shall be
imposed at the time of conviction in addition to any other fine imposed pursuant
to this Code section.
(4) The clerk of the
court, the publisher of any legal organ which publishes a notice of conviction,
and any other person involved in the publication of an erroneous notice of
conviction shall be immune from civil or criminal liability for such erroneous
publication, provided such publication was made in good
faith."
SECTION 7.
Said title is further amended in Code Section 16-6-2,
relating to sodomy and aggravated sodomy, by striking subsection (b) and
inserting in its place a new subsection to read as
follows:
"(b)(1)
A person convicted of the offense of sodomy shall be punished by imprisonment
for not less than one nor more than 20 years. A person convicted of the offense
of aggravated sodomy shall be punished by imprisonment for life or by
imprisonment for not less than ten nor more than 30 years. Any person convicted
under this Code section of the offense of aggravated sodomy shall, in addition,
be subject to the sentencing and punishment provisions of Code Sections
17-10-6.1 and 17-10-7.
(2) The clerk of the court
in which a person is convicted of sodomy or aggravated sodomy or a plea of nolo
contendere is accepted shall cause to be published a notice of conviction for
each such person convicted. Such notices of conviction shall be published in
the manner of legal notices in the legal organ of the county in which such
person resides or, in the case of nonresidents, in the legal organ of the county
in which the person was convicted. Such notice of conviction shall be one
column wide by two inches long and shall contain the photograph taken by the
arresting law enforcement agency at the time of arrest, name and address of the
convicted person, and the date, time, place of arrest, and disposition of the
case and shall be published once in the legal organ of the appropriate county in
the second week following such conviction or as soon thereafter as publication
may be made.
(3) The convicted person for which
a notice of conviction is published pursuant to this subsection shall be
assessed $25.00 for the cost of publication of such notice and such assessment
shall be imposed at the time of conviction in addition to any other fine imposed
pursuant to this Code section.
(4) The clerk of
the court, the publisher of any legal organ which publishes a notice of
conviction, and any other person involved in the publication of an erroneous
notice of conviction shall be immune from civil or criminal liability for such
erroneous publication, provided such publication was made in good
faith."
SECTION 8.
Said title is further amended in Code Section 16-6-4,
relating to child molestation and aggravated child molestation, by adding at the
end thereof a new subsection (e) to read as
follows:
"(e)
(1) The clerk of the court in which a person is convicted of child molestation
or aggravated child molestation or a plea of nolo contendere is accepted shall
cause to be published a notice of conviction for each such person convicted.
Such notices of conviction shall be published in the manner of legal notices in
the legal organ of the county in which such person resides or, in the case of
nonresidents, in the legal organ of the county in which the person was
convicted. Such notice of conviction shall be one column wide by two inches
long and shall contain the photograph taken by the arresting law enforcement
agency at the time of arrest, name and address of the convicted person, and the
date, time, place of arrest, and disposition of the case and shall be published
once in the legal organ of the appropriate county in the second week following
such conviction or as soon thereafter as publication may be
made.
(2) The convicted person for which a notice of
conviction is published pursuant to this subsection shall be assessed $25.00 for
the cost of publication of such notice and such assessment shall be imposed at
the time of conviction in addition to any other fine imposed pursuant to this
Code section.
(3) The clerk of the court, the publisher
of any legal organ which publishes a notice of conviction, and any other person
involved in the publication of an erroneous notice of conviction shall be immune
from civil or criminal liability for such erroneous publication, provided such
publication was made in good
faith."
SECTION 9.
Said title is further amended in Code Section 16-6-5,
relating to enticing a child for indecent purposes, by striking subsection (b)
and inserting in its place a new subsection to read as
follows:
"(b)(1)
A person convicted of the offense of enticing a child for indecent purposes
shall be punished by imprisonment for not less than one nor more than 20 years.
Upon a first conviction of the offense of enticing a child for indecent
purposes, the judge may probate the sentence; and such probation may be upon the
special condition that the defendant undergo a mandatory period of counseling
administered by a licensed psychiatrist or a licensed psychologist. However, if
the judge finds that such probation should not be imposed, he or she
shall sentence the defendant to imprisonment. Upon a second or third conviction
of such offense, the defendant shall be punished by imprisonment for not less
than five years. For a fourth or subsequent conviction of the offense of
enticing a child for indecent purposes, the defendant shall be punished by
imprisonment for 20 years. Adjudication of guilt or imposition of sentence for
a conviction of a third, fourth, or subsequent offense of enticing a child for
indecent purposes, including a plea of nolo contendere, shall not be suspended,
probated, deferred, or withheld.
(2) The clerk of
the court in which a person is convicted of enticing a child for indecent
purposes or a plea of nolo contendere is accepted shall cause to be published a
notice of conviction for each such person convicted. Such notices of conviction
shall be published in the manner of legal notices in the legal organ of the
county in which such person resides or, in the case of nonresidents, in the
legal organ of the county in which the person was convicted. Such notice of
conviction shall be one column wide by two inches long and shall contain the
photograph taken by the arresting law enforcement agency at the time of arrest,
name and address of the convicted person, and the date, time, place of arrest,
and disposition of the case and shall be published once in the legal organ of
the appropriate county in the second week following such conviction or as soon
thereafter as publication may be made.
(3) The
convicted person for which a notice of conviction is published pursuant to this
subsection shall be assessed $25.00 for the cost of publication of such notice
and such assessment shall be imposed at the time of conviction in addition to
any other fine imposed pursuant to this Code
section.
(4) The clerk of the court, the
publisher of any legal organ which publishes a notice of conviction, and any
other person involved in the publication of an erroneous notice of conviction
shall be immune from civil or criminal liability for such erroneous publication,
provided such publication was made in good
faith."
SECTION 10.
Said title is further amended in Code Section 16-6-5.1,
relating to sexual assault on persons in custody, hospitals, or other
institutions or committed by psychotherapists, by adding new paragraphs (5),
(6), and (7) at the end of subsection (c) to read as
follows:
"(5)
The clerk of the court in which a person is convicted under this Code section or
a plea of nolo contendere is accepted shall cause to be published a notice of
conviction for each such person convicted. Such notices of conviction shall be
published in the manner of legal notices in the legal organ of the county in
which such person resides or, in the case of nonresidents, in the legal organ of
the county in which the person was convicted. Such notice of conviction shall be
one column wide by two inches long and shall contain the photograph taken by the
arresting law enforcement agency at the time of arrest, name and address of the
convicted person, and the date, time, place of arrest, and disposition of the
case and shall be published once in the legal organ of the appropriate county in
the second week following such conviction or as soon thereafter as publication
may be made.
(6) The convicted person for which a
notice of conviction is published pursuant to this subsection shall be assessed
$25.00 for the cost of publication of such notice and such assessment shall be
imposed at the time of conviction in addition to any other fine imposed pursuant
to this Code section.
(7) The clerk of the court, the
publisher of any legal organ which publishes a notice of conviction, and any
other person involved in the publication of an erroneous notice of conviction
shall be immune from civil or criminal liability for such erroneous publication,
provided such publication was made in good
faith."
SECTION 11.
Said title is further amended in Code Section 16-6-6,
relating to bestiality, by striking subsection (b) and inserting in its place a
new subsection to read as
follows:
"(b)(1)
A person convicted of the offense of bestiality shall be punished by
imprisonment for not less than one nor more than five
years.
(2) The clerk of the court in which a person
is convicted of bestiality or a plea of nolo contendere is accepted shall cause
to be published a notice of conviction for each such person convicted. Such
notices of conviction shall be published in the manner of legal notices in the
legal organ of the county in which such person resides or, in the case of
nonresidents, in the legal organ of the county in which the person was
convicted. Such notice of conviction shall be one column wide by two inches
long and shall contain the photograph taken by the arresting law enforcement
agency at the time of arrest, name and address of the convicted person, and the
date, time, place of arrest, and disposition of the case and shall be published
once in the legal organ of the appropriate county in the second week following
such conviction or as soon thereafter as publication may be
made.
(3) The convicted person for which a
notice of conviction is published pursuant to this subsection shall be assessed
$25.00 for the cost of publication of such notice and such assessment shall be
imposed at the time of conviction in addition to any other fine imposed pursuant
to this Code section.
(4) The clerk of the
court, the publisher of any legal organ which publishes a notice of conviction,
and any other person involved in the publication of an erroneous notice of
conviction shall be immune from civil or criminal liability for such erroneous
publication, provided such publication was made in good
faith."
SECTION 12.
Said title is further amended in Code Section 16-6-7,
relating to necrophilia, by striking subsection (b) and inserting in its place a
new subsection to read as
follows:
"(b)(1)
A person convicted of the offense of necrophilia shall be punished by
imprisonment for not less than one nor more than ten
years.
(2) The clerk of the court in which a person
is convicted of necrophilia or a plea of nolo contendere is accepted shall cause
to be published a notice of conviction for each such person convicted. Such
notices of conviction shall be published in the manner of legal notices in the
legal organ of the county in which such person resides or, in the case of
nonresidents, in the legal organ of the county in which the person was
convicted. Such notice of conviction shall be one column wide by two inches
long and shall contain the photograph taken by the arresting law enforcement
agency at the time of arrest, name and address of the convicted person, and the
date, time, place of arrest, and disposition of the case and shall be published
once in the legal organ of the appropriate county in the second week following
such conviction or as soon thereafter as publication may be
made.
(3) The convicted person for which a
notice of conviction is published pursuant to this subsection shall be assessed
$25.00 for the cost of publication of such notice and such assessment shall be
imposed at the time of conviction in addition to any other fine imposed pursuant
to this Code section.
(4) The clerk of the
court, the publisher of any legal organ which publishes a notice of conviction,
and any other person involved in the publication of an erroneous notice of
conviction shall be immune from civil or criminal liability for such erroneous
publication, provided such publication was made in good
faith."
SECTION 13.
Said title is further amended in Code Section 16-6-8,
relating to public indecency, by striking subsection (c) and inserting in its
place a new subsection to read as
follows:
"(c)(1)
Upon a third or subsequent conviction for public indecency for the violation of
paragraph (2), (3), or (4) of subsection (a) of this Code section, a person
shall be guilty of a felony and shall be punished by imprisonment for not less
than one nor more than five years.
(2) The clerk of
the court in which a person is convicted a third or subsequent time under
paragraph (2), (3), or (4) of subsection (a) of this Code section shall cause to
be published a notice of conviction for each such person convicted. Such
notices of conviction shall be published in the manner of legal notices in the
legal organ of the county in which such person resides or, in the case of
nonresidents, in the legal organ of the county in which the person was
convicted. Such notice of conviction shall be one column wide by two inches
long and shall contain the photograph taken by the arresting law enforcement
agency at the time of arrest, name and address of the convicted person, and the
date, time, place of arrest, and disposition of the case and shall be published
once in the legal organ of the appropriate county in the second week following
such conviction or as soon thereafter as publication may be
made.
(3) The convicted person for which a
notice of conviction is published pursuant to this subsection shall be assessed
$25.00 for the cost of publication of such notice and such assessment shall be
imposed at the time of conviction in addition to any other fine imposed pursuant
to this Code section.
(4) The clerk of the
court, the publisher of any legal organ which publishes a notice of conviction,
and any other person involved in the publication of an erroneous notice of
conviction shall be immune from civil or criminal liability for such erroneous
publication, provided such publication was made in good
faith."
SECTION 14.
Said title is further amended in Code Section 16-6-13,
relating to violating Code Sections 16-6-9 through 16-6-12, by striking
subsection (c) and inserting in its place a new subsection to read as
follows:
"(c)(1)
The clerk of the court in which a person is convicted of pandering,
prostitution, keeping a place of prostitution, or pimping shall cause to
be published a notice of conviction for each such person convicted. Such
notices of conviction shall be published in the manner of legal notices in the
legal organ of the county in which such person resides or, in the case of
nonresidents, in the legal organ of the county in which the person was
convicted. Such notice of conviction shall be one column wide by two inches
long and shall contain the photograph taken by the arresting law enforcement
agency at the time of arrest, name, and address of the convicted person and the
date, time, place of arrest, and disposition of the case and shall be published
once in the legal organ of the appropriate county in the second week following
such conviction or as soon thereafter as publication may be
made.
(2) The convicted person for which a notice of
conviction is published pursuant to this subsection shall be assessed the cost
of publication of such notice and such assessment shall be imposed at the time
of conviction in addition to any other fine imposed pursuant to this Code
section.
(3) The clerk of the court, the publisher of
any legal organ which publishes a notice of conviction, and any other person
involved in the publication of an erroneous notice of conviction shall be immune
from civil or criminal liability for such erroneous publication, provided such
publication was made in good
faith."
SECTION 15.
Said title is further amended by striking Code Section
16-6-14, relating to pandering by compulsion, and inserting in its place a new
Code section to read as
follows:
"16-6-14.
(a)
A person commits the offense of pandering by compulsion when he or she by
duress or coercion causes a female or male to perform an act of
prostitution and, upon conviction thereof, shall be punished by imprisonment for
not less than one nor more than ten years.
(b)(1)
The clerk of the court in which a person is convicted of pandering by compulsion
shall cause to be published a notice of conviction for each such person
convicted. Such notices of conviction shall be published in the manner of legal
notices in the legal organ of the county in which such person resides or, in the
case of nonresidents, in the legal organ of the county in which the person was
convicted. Such notice of conviction shall be one column wide by two inches
long and shall contain the photograph taken by the arresting law enforcement
agency at the time of arrest, name and address of the convicted person, and the
date, time, place of arrest, and disposition of the case and shall be published
once in the legal organ of the appropriate county in the second week following
such conviction or as soon thereafter as publication may be
made.
(2) The convicted person for which a
notice of conviction is published pursuant to this subsection shall be assessed
$25.00 for the cost of publication of such notice and such assessment shall be
imposed at the time of conviction in addition to any other fine imposed pursuant
to this Code section.
(3) The clerk of the
court, the publisher of any legal organ which publishes a notice of conviction,
and any other person involved in the publication of an erroneous notice of
conviction shall be immune from civil or criminal liability for such erroneous
publication, provided such publication was made in good
faith."
SECTION 16.
Said title is further amended in Code Section 16-6-15,
relating to solicitation of sodomy, by adding at the end thereof a new
subsection (c) to read as
follows:
"(c)
(1) The clerk of the court in which a person is convicted of solicitation of
sodomy or a plea of nolo contendere is accepted shall cause to be published a
notice of conviction for each such person convicted. Such notices of conviction
shall be published in the manner of legal notices in the legal organ of the
county in which such person resides or, in the case of nonresidents, in the
legal organ of the county in which the person was convicted. Such notice of
conviction shall be one column wide by two inches long and shall contain the
photograph taken by the arresting law enforcement agency at the time of arrest,
name and address of the convicted person, and the date, time, place of arrest,
and disposition of the case and shall be published once in the legal organ of
the appropriate county in the second week following such conviction or as soon
thereafter as publication may be made.
(2) The
convicted person for which a notice of conviction is published pursuant to this
subsection shall be assessed $25.00 for the cost of publication of such notice
and such assessment shall be imposed at the time of conviction in addition to
any other fine imposed pursuant to this Code
section.
(3) The clerk of the court, the publisher of
any legal organ which publishes a notice of conviction, and any other person
involved in the publication of an erroneous notice of conviction shall be immune
from civil or criminal liability for such erroneous publication, provided such
publication was made in good
faith."
SECTION 17.
Said title is further amended in Code Section 16-6-16,
relating to masturbation for hire, by striking subsection (b) and inserting in
its place a new subsection to read as
follows:
"(b)(1)
Any person committing the offense of masturbation for hire shall be guilty of a
misdemeanor.
(2) The clerk of the court in which a
person is convicted of masturbation for hire or a plea of nolo contendere is
accepted shall cause to be published a notice of conviction for each such person
convicted. Such notices of conviction shall be published in the manner of legal
notices in the legal organ of the county in which such person resides or, in the
case of nonresidents, in the legal organ of the county in which the person was
convicted. Such notice of conviction shall be one column wide by two inches long
and shall contain the photograph taken by the arresting law enforcement agency
at the time of arrest, name and address of the convicted person, and the date,
time, place of arrest, and disposition of the case and shall be published once
in the legal organ of the appropriate county in the second week following such
conviction or as soon thereafter as publication may be
made.
(3) The convicted person for which a
notice of conviction is published pursuant to this subsection shall be assessed
$25.00 for the cost of publication of such notice and such assessment shall be
imposed at the time of conviction in addition to any other fine imposed pursuant
to this Code section.
(4) The clerk of the
court, the publisher of any legal organ which publishes a notice of conviction,
and any other person involved in the publication of an erroneous notice of
conviction shall be immune from civil or criminal liability for such erroneous
publication, provided such publication was made in good
faith."
SECTION 18.
Said title is further amended in Code Section 16-6-17,
relating to giving massages in certain types of places, by striking subsection
(c) and inserting in its place a new subsection to read as
follows:
"(c)(1)
Any person who violates this Code section shall be guilty of a
misdemeanor.
(2) The clerk of the court in which a
person is convicted under this Code section or a plea of nolo contendere is
accepted shall cause to be published a notice of conviction for each such person
convicted. Such notices of conviction shall be published in the manner of legal
notices in the legal organ of the county in which such person resides or, in the
case of nonresidents, in the legal organ of the county in which the person was
convicted. Such notice of conviction shall be one column wide by two inches long
and shall contain the photograph taken by the arresting law enforcement agency
at the time of arrest, name and address of the convicted person, and the date,
time, place of arrest, and disposition of the case and shall be published once
in the legal organ of the appropriate county in the second week following such
conviction or as soon thereafter as publication may be
made.
(3) The convicted person for which a
notice of conviction is published pursuant to this subsection shall be assessed
$25.00 for the cost of publication of such notice and such assessment shall be
imposed at the time of conviction in addition to any other fine imposed pursuant
to this Code section.
(4) The clerk of the
court, the publisher of any legal organ which publishes a notice of conviction,
and any other person involved in the publication of an erroneous notice of
conviction shall be immune from civil or criminal liability for such erroneous
publication, provided such publication was made in good
faith."
SECTION 19.
Said title is further amended by striking Code Section
16-6-18, relating to fornication, and inserting in its place a new Code section
to read as
follows:
"16-6-18.
(a)
An unmarried person commits the offense of fornication when he or she
voluntarily has sexual intercourse with another person and, upon conviction
thereof, shall be punished as for a
misdemeanor.
(b)(1) The clerk of the court in which
a person is convicted of fornication shall cause to be published a notice of
conviction for each such person convicted. Such notices of conviction shall be
published in the manner of legal notices in the legal organ of the county in
which such person resides or, in the case of nonresidents, in the legal organ of
the county in which the person was convicted. Such notice of conviction shall
be one column wide by two inches long and shall contain the photograph taken by
the arresting law enforcement agency at the time of arrest, name and address of
the convicted person, and the date, time, place of arrest, and disposition of
the case and shall be published once in the legal organ of the appropriate
county in the second week following such conviction or as soon thereafter as
publication may be made.
(2) The convicted
person for which a notice of conviction is published pursuant to this subsection
shall be assessed $25.00 for the cost of publication of such notice and such
assessment shall be imposed at the time of conviction in addition to any other
fine imposed pursuant to this Code section.
(3)
The clerk of the court, the publisher of any legal organ which publishes a
notice of conviction, and any other person involved in the publication of an
erroneous notice of conviction shall be immune from civil or criminal liability
for such erroneous publication, provided such publication was made in good
faith."
SECTION 20.
Said title is further amended by striking Code Section
16-6-19, relating to adultery, and inserting in its place a new Code section to
read as
follows:
"16-6-19.
(a)
A married person commits the offense of adultery when he or she
voluntarily has sexual intercourse with a person other than his or her
spouse and, upon conviction thereof, shall be punished as for a
misdemeanor.
(b)(1) The clerk of the court in which
a person is convicted of adultery shall cause to be published a notice of
conviction for each such person convicted. Such notices of conviction shall be
published in the manner of legal notices in the legal organ of the county in
which such person resides or, in the case of nonresidents, in the legal organ of
the county in which the person was convicted. Such notice of conviction shall
be one column wide by two inches long and shall contain the photograph taken by
the arresting law enforcement agency at the time of arrest, name and address of
the convicted person, and the date, time, place of arrest, and disposition of
the case and shall be published once in the legal organ of the appropriate
county in the second week following such conviction or as soon thereafter as
publication may be made.
(2) The convicted
person for which a notice of conviction is published pursuant to this subsection
shall be assessed $25.00 for the cost of publication of such notice and such
assessment shall be imposed at the time of conviction in addition to any other
fine imposed pursuant to this Code section.
(3)
The clerk of the court, the publisher of any legal organ which publishes a
notice of conviction, and any other person involved in the publication of an
erroneous notice of conviction shall be immune from civil or criminal liability
for such erroneous publication, provided such publication was made in good
faith."
SECTION 21.
Said title is further amended in Code Section 16-6-20,
relating to bigamy, by striking subsection (c) and inserting in its place a new
subsection to read as
follows:
"(c)(1)
A person convicted of the offense of bigamy shall be punished by imprisonment
for not less than one nor more than ten years.
(2)
The clerk of the court in which a person is convicted of bigamy shall cause to
be published a notice of conviction for each such person convicted. Such
notices of conviction shall be published in the manner of legal notices in the
legal organ of the county in which such person resides or, in the case of
nonresidents, in the legal organ of the county in which the person was
convicted. Such notice of conviction shall be one column wide by two inches
long and shall contain the photograph taken by the arresting law enforcement
agency at the time of arrest, name and address of the convicted person, and the
date, time, place of arrest, and disposition of the case and shall be published
once in the legal organ of the appropriate county in the second week following
such conviction or as soon thereafter as publication may be
made.
(3) The convicted person for which a
notice of conviction is published pursuant to this subsection shall be assessed
$25.00 for the cost of publication of such notice and such assessment shall be
imposed at the time of conviction in addition to any other fine imposed pursuant
to this Code section.
(4) The clerk of the
court, the publisher of any legal organ which publishes a notice of conviction,
and any other person involved in the publication of an erroneous notice of
conviction shall be immune from civil or criminal liability for such erroneous
publication, provided such publication was made in good
faith."
SECTION 22.
Said title is further amended in Code Section 16-6-21,
relating to marrying a bigamist, by striking subsection (c) and inserting in its
place a new subsection to read as
follows:
"(c)(1)
A person convicted of the offense of marrying a bigamist shall be punished by
imprisonment for not less than one nor more than ten
years.
(2) The clerk of the court in which a person
is convicted of marrying a bigamist shall cause to be published a notice of
conviction for each such person convicted. Such notices of conviction shall be
published in the manner of legal notices in the legal organ of the county in
which such person resides or, in the case of nonresidents, in the legal organ of
the county in which the person was convicted. Such notice of conviction shall
be one column wide by two inches long and shall contain the photograph taken by
the arresting law enforcement agency at the time of arrest, name and address of
the convicted person, and the date, time, place of arrest, and disposition of
the case and shall be published once in the legal organ of the appropriate
county in the second week following such conviction or as soon thereafter as
publication may be made.
(3) The convicted
person for which a notice of conviction is published pursuant to this subsection
shall be assessed $25.00 for the cost of publication of such notice and such
assessment shall be imposed at the time of conviction in addition to any other
fine imposed pursuant to this Code section.
(4)
The clerk of the court, the publisher of any legal organ which publishes a
notice of conviction, and any other person involved in the publication of an
erroneous notice of conviction shall be immune from civil or criminal liability
for such erroneous publication, provided such publication was made in good
faith."
SECTION 23.
Said title is further amended in Code Section 16-6-22,
relating to incest, by striking subsection (b) and inserting in its place a new
subsection to read as
follows:
"(b)(1)
A person convicted of the offense of incest shall be punished by imprisonment
for not less than one nor more than 20 years.
(2)
The clerk of the court in which a person is convicted of incest or a plea of
nolo contendere is accepted shall cause to be published a notice of conviction
for each such person convicted. Such notices of conviction shall be published
in the manner of legal notices in the legal organ of the county in which such
person resides or, in the case of nonresidents, in the legal organ of the county
in which the person was convicted. Such notice of conviction shall be one
column wide by two inches long and shall contain the photograph taken by the
arresting law enforcement agency at the time of arrest, name and address of the
convicted person, and the date, time, place of arrest, and disposition of the
case and shall be published once in the legal organ of the appropriate county in
the second week following such conviction or as soon thereafter as publication
may be made.
(3) The convicted person for which
a notice of conviction is published pursuant to this subsection shall be
assessed $25.00 for the cost of publication of such notice and such assessment
shall be imposed at the time of conviction in addition to any other fine imposed
pursuant to this Code section.
(4) The clerk of
the court, the publisher of any legal organ which publishes a notice of
conviction, and any other person involved in the publication of an erroneous
notice of conviction shall be immune from civil or criminal liability for such
erroneous publication, provided such publication was made in good
faith."
SECTION 24.
Said title is further amended in Code Section 16-6-22.1,
relating to sexual battery, by striking subsection (c) and inserting in its
place a new subsection to read as
follows:
"(c)(1)
A person convicted of the offense of sexual battery shall be punished as for a
misdemeanor of a high and aggravated nature.
(2)
The clerk of the court in which a person is convicted of sexual battery or a
plea of nolo contendere is accepted shall cause to be published a notice of
conviction for each such person convicted. Such notices of conviction shall be
published in the manner of legal notices in the legal organ of the county in
which such person resides or, in the case of nonresidents, in the legal organ of
the county in which the person was convicted. Such notice of conviction shall
be one column wide by two inches long and shall contain the photograph taken by
the arresting law enforcement agency at the time of arrest, name and address of
the convicted person, and the date, time, place of arrest, and disposition of
the case and shall be published once in the legal organ of the appropriate
county in the second week following such conviction or as soon thereafter as
publication may be made.
(3) The convicted
person for which a notice of conviction is published pursuant to this subsection
shall be assessed $25.00 for the cost of publication of such notice and such
assessment shall be imposed at the time of conviction in addition to any other
fine imposed pursuant to this Code section.
(4)
The clerk of the court, the publisher of any legal organ which publishes a
notice of conviction, and any other person involved in the publication of an
erroneous notice of conviction shall be immune from civil or criminal liability
for such erroneous publication, provided such publication was made in good
faith."
SECTION 25.
Said title is further amended in Code Section 16-6-22.2,
relating to aggravated sexual battery, by striking subsection (c) and inserting
in its place a new subsection to read as
follows:
"(c)(1)
A person convicted of the offense of aggravated sexual battery shall be punished
by imprisonment for not less than ten nor more than 20 years. Any person
convicted under this Code section shall, in addition, be subject to the
sentencing and punishment provisions of Code Sections 17-10-6.1 and
17-10-7.
(2) The clerk of the court in which a
person is convicted of aggravated sexual battery or a plea of nolo contendere is
accepted shall cause to be published a notice of conviction for each such person
convicted. Such notices of conviction shall be published in the manner of legal
notices in the legal organ of the county in which such person resides or, in the
case of nonresidents, in the legal organ of the county in which the person was
convicted. Such notice of conviction shall be one column wide by two inches
long and shall contain the photograph taken by the arresting law enforcement
agency at the time of arrest, name and address of the convicted person, and the
date, time, place of arrest, and disposition of the case and shall be published
once in the legal organ of the appropriate county in the second week following
such conviction or as soon thereafter as publication may be
made.
(3) The convicted person for which a
notice of conviction is published pursuant to this subsection shall be assessed
$25.00 for the cost of publication of such notice and such assessment shall be
imposed at the time of conviction in addition to any other fine imposed pursuant
to this Code section.
(4) The clerk of the
court, the publisher of any legal organ which publishes a notice of conviction,
and any other person involved in the publication of an erroneous notice of
conviction shall be immune from civil or criminal liability for such erroneous
publication, provided such publication was made in good
faith."
SECTION 26.
All laws and parts of laws in conflict with this Act are
repealed.