SB26.html

To amend Code Section 16-5-23.1, of the Official Code of Georgia Annotated, relating to battery, so as to provide for an enhanced penalty for the offense of family battery if conviction is subsequent to any of specified offenses against a person with one of specified relationships to defendant; to provide that family violence battery does not apply to reasonable corporal punishment of a child; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes.

Code Section 16-5-23.1, of the Official Code of Georgia Annotated, relating to battery, is amended by striking subsection (f) in its entirety and inserting in lieu thereof the following:
"(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.~~; and
(C) Upon conviction of family violence battery subsequent to a plea of guilty to, plea of nolo contendere to, or conviction of:
(i) Any felony, or a misdemeanor violation of simple battery, simple assault, criminal damage to property, unlawful restraint, or criminal trespass;
(ii) Any violation of Code Section 16-5-70, relating to cruelty to children;
(iii) Any violation of Code Section 16-5-72, relating to reckless abandonment; or
(iv) The laws of the United States or its territories, possessions, or dominions, any of the several states, or any foreign state which would constitute an offense specified in this subparagraph if committed in this state;
if such offense is against a person who is or was in a family or household relationship listed in the undesignated introductory portion of Code Section 19-13-1, the defendant shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than five years.
(2) In no event shall paragraph (1) of this subsection be applied to reasonable corporal punishment administered by a parent to a child, stepparent to a stepchild, or foster parent to a foster child."