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04 LC 29 1173
House Bill
1329
By: Representatives Bordeaux of the 125th, Fleming of the 79th, Boggs of the 145th, and Oliver of the 56th, Post 2
By: Representatives Bordeaux of the 125th, Fleming of the 79th, Boggs of the 145th, and Oliver of the 56th, Post 2
A BILL TO BE
ENTITLED
AN ACT
AN ACT
To amend Title 16 of the Official Code of Georgia Annotated,
relating to crimes and offenses, so as to define criminal negligence; to provide
for legislative findings and intent; to change the definition of cruelty to
children and to provide for third degree cruelty to children; to provide for
penalties; to provide for definitions; to redefine the term "serious injury" to
include sexual abuse of a minor under the age of 16 years; to provide for
related matters; to provide for an effective date and applicability; to repeal
conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
SECTION 1.
The General Assembly seeks to protect the well-being of this
state´s
children while preserving the integrity of family discipline. The General
Assembly believes that balancing the protection of the health and safety of this
state´s
children, while preserving a
parent´s
right to discipline his or her child, is important to all Georgians and vital to
the safety of this
state´s
children.
SECTION 2.
Title 16 of the Official Code of Georgia Annotated, relating
to crimes and offenses, is amended in Code Section 16-2-1, relating to the
definition of a crime, by designating the existing Code section as subsection
(a) and adding a new subsection (b) to read as
follows:
"(b) Criminal negligence is an act or failure to act which demonstrates a willful, wanton, or reckless disregard for the safety of others who might reasonably be expected to be injured thereby."
"(b) Criminal negligence is an act or failure to act which demonstrates a willful, wanton, or reckless disregard for the safety of others who might reasonably be expected to be injured thereby."
SECTION 3.
Said title is further amended in Code Section 16-5-70,
relating to cruelty to children, by striking subsections (c), (d), and (e) and
inserting in lieu thereof the
following:
"(c) Any person commits the offense of cruelty to children in the second degree when such person with criminal negligence causes a child under the age of 18 cruel or excessive physical or mental pain.
(d) Any person commits the offense of cruelty to children in the third degree when:
(1) Such person, who is the primary aggressor, intentionally allows a child under the age of 18 to witness the commission of a forcible felony, battery, or family violence battery; or
(2) Such person, who is the primary aggressor, having knowledge that a child under the age of 18 is present and sees or hears the act, commits a forcible felony, battery, or family violence battery.
(d)(e)(1) A person
convicted of the offense of cruelty to children in the first degree as provided
in this Code section shall be punished by imprisonment for not less than five
nor more than 20 years.
(e)(2)
A person convicted of the offense of cruelty to children in the second degree
shall be punished by imprisonment for not less than one nor more than ten
years.
(3) A person convicted of the offense of cruelty to children in the third degree shall be punished as for a misdemeanor upon the first or second conviction. Upon conviction of a third or subsequent offense of cruelty to children in thesecond
third degree, the defendant shall be guilty of a felony and shall be
sentenced to a fine not less than $1,000.00 nor more than $5,000.00 or
imprisonment for not less than one year nor more than three years or shall be
sentenced to both fine and
imprisonment."
"(c) Any person commits the offense of cruelty to children in the second degree when such person with criminal negligence causes a child under the age of 18 cruel or excessive physical or mental pain.
(d) Any person commits the offense of cruelty to children in the third degree when:
(1) Such person, who is the primary aggressor, intentionally allows a child under the age of 18 to witness the commission of a forcible felony, battery, or family violence battery; or
(2) Such person, who is the primary aggressor, having knowledge that a child under the age of 18 is present and sees or hears the act, commits a forcible felony, battery, or family violence battery.
(3) A person convicted of the offense of cruelty to children in the third degree shall be punished as for a misdemeanor upon the first or second conviction. Upon conviction of a third or subsequent offense of cruelty to children in the
SECTION 4.
Said title is further amended in Code Section 16-12-1,
relating to contributing to the delinquency, unruliness, or deprivation of a
minor, by striking paragraph (4) of subsection (a) and inserting in lieu thereof
the
following:
"(4) 'Serious injury' means an injury involving a broken bone, the loss of a member of the body, the loss of use of a member of the body,or the
substantial disfigurement of the body or of a member of the body,
or an injury which is life threatening, or any sexual abuse
of a child under 16 years of age by means of an act described in subparagraph
(a)(4)(A), (a)(4)(G), or (a)(4)(I) of Code Section
16-12-100."
"(4) 'Serious injury' means an injury involving a broken bone, the loss of a member of the body, the loss of use of a member of the body,
SECTION 5.
This Act shall become effective on July 1, 2004, and shall
apply to all crimes which occur on or after that date.
SECTION 6.
All laws and parts of laws in conflict with this Act are
repealed.