HB 1059 - Sexual offenders; punishment; registration requirements; change provisions
Sponsored By
- (1) Keen,Jerry 179th
- (2) Ralston,David 7th
- (3) Burkhalter,Mark 50th
- (4) Freeman,Allen 140th
- (5) Thomas,Mable 55th
- (6) Fleming,Barry 117th
Sponsored In Senate By
Current Status
04/26/06 - House Date Signed by GovernorFirst Reader Summary
A BILL to be entitled an Act to amend Titles 16, 17, 35, and 42 of the O.C.G.A., relating respectively to crimes and offenses, criminal procedure, law enforcement officers and agencies, and penal institutions, so as to change provisions relating to sexual offenders; to change punishment provisions, registration requirements, and areas where certain offenders can reside as it affects sexual offenders; to change certain provisions relating to punishment of serious violent offenders and increase the mandatory minimum term of imprisonment for certain offenses; to require persons convicted of certain sexual crimes to receive a mandatory split sentence including a minimum sentence of imprisonment; to reorganize and change provisions related to the State Sexual Offender Registry; to provide for other related matters; to repeal conflicting laws; and for other purposes.
Votes
| Date | Time | Vote No | Yeas | Nays | NV | Exc | Description |
|---|---|---|---|---|---|---|---|
| 02/02/06 | 03:47 PM | House Vote #592 | 144 | 027 | 005 | 004 | PASS |
| 03/24/06 | 09:39 AM | Senate Vote #945 | 032 | 019 | 004 | 001 | MOTION TO ENGROSS |
| 03/24/06 | 02:28 PM | Senate Vote #964 | 053 | 001 | 002 | 000 | PASSAGE BY SUBSTITUTE |
| 03/28/06 | 11:16 AM | House Vote #1039 | 140 | 013 | 022 | 005 | ADOPT CCR |
| 03/30/06 | 08:10 PM | Senate Vote #1167 | 052 | 001 | 003 | 000 | ADOPT CONFERENCE COMMITTEE REPORT |
Status History
| Date | Action |
|---|---|
| 01/23/2006 | House First Readers |
| 01/24/2006 | House Second Readers |
| 02/01/2006 | House Committee Favorably Reported |
| 02/02/2006 | House Third Readers |
| 02/02/2006 | House Passed/Adopted |
| 02/03/2006 | Senate Read and Referred |
| 03/22/2006 | Senate Committee Favorably Reported |
| 03/23/2006 | Senate Read Second Time |
| 03/24/2006 | Senate Third Read |
| 03/24/2006 | Senate Passed/Adopted |
| 03/24/2006 | Senate Transmits House |
| 03/24/2006 | House Disagrees Senate Amend/Sub |
| 03/24/2006 | Senate Insists |
| 03/24/2006 | House Insists |
| 03/24/2006 | Senate Conference Committee Appointed |
| 03/24/2006 | House Conference Committee Appointed |
| 03/28/2006 | House Conference Committee Report Adopted |
| 03/30/2006 | Senate Conference Committee Report Adopted |
| 04/07/2006 | House Sent to Governor |
| 04/26/2006 | House Date Signed by Governor |
| 04/26/2006 | Act 571 |
| 07/01/2006 | Effective Date |
Footnotes
2/02/06 Passed House by Rules Committee Substitute3/24/06 Engrossed upon third reading in Senate
3/24/06 Immediately transmitted by the Senate
3/24/06 Senate Conferees
30th, 40th, 29th
06 HB
1059/AP
House
Bill 1059 (AS PASSED HOUSE AND SENATE)
By:
Representatives Keen of the
179th,
Ralston of the
7th,
Burkhalter of the
50th,
Freeman of the
140th,
Thomas of the
55th,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Titles 16, 17, 35, and 42 of the Official Code of Georgia Annotated,
relating respectively to crimes and offenses, criminal procedure, law
enforcement officers and agencies, and penal institutions, so as to change
provisions relating to sexual offenders; to change punishment provisions,
registration requirements, and residency requirements for sexual offenders; to
provide for legislative findings; to change punishment provisions related to
aggravated assault with the intent to rape; to change punishment provisions
related to kidnapping; to change punishment provisions related to false
imprisonment; to change punishment provisions related to rape; to change certain
provisions relating to sodomy and aggravated sodomy; to provide for lesser
punishment for certain sexual offenses committed by persons of certain ages; to
change certain provisions relating to statutory rape; to change certain
provisions relating to child molestation and aggravated child molestation; to
change certain provisions relating to enticing a child for indecent purposes; to
change certain provisions relating to persons convicted of sexual assault
against persons in custody; to change certain provisions relating to incest; to
change certain provisions relating to sexual battery; to change certain
provisions relating to aggravated sexual battery; to change certain restrictions
on granting an appeal bond; to allow for judicial discretion for mandatory
minimum sentences under certain circumstances; to create a new crime involving
withholding information concerning a sexual offender and provide for penalties;
to change a provision relating to the fixing of a sentence by a judge; to change
certain provisions relating to punishment of serious violent offenders and
increase the mandatory minimum term of imprisonment for certain offenses; to
require persons convicted of certain sexual crimes to receive a mandatory split
sentence including a minimum sentence of imprisonment; to add a provision
relating to statutory aggravating circumstances for the imposition of the death
penalty; to require the Georgia Crime Information Center to collect certain
data; to provide that notice of conviction and release of a person who is
required to register as a sexual offender shall be made for offenders sentenced
directly to probation or who are newly established residents in a county; to
permit publication of such notice in the legal organ of the county in which such
person resides based on information available; to reorganize and change
provisions related to the State Sexual Offender Registry; to change and add
certain definitions; to change provisions relating to registration requirements
for sexual offenders; to provide for an annual registration fee; to provide that
sexual offenders register prior to release from prison; to require each sheriff
to maintain and update a list of all sexual offenders residing in the county; to
provide for duties and responsibilities for sheriffs, the Department of
Corrections, the Georgia Bureau of Investigation, and sexual offenders; to
require registered sexual offenders to verify required registration information
with the sheriff whenever any changes occur to certain information and verify
information at least annually within 72 hours of the sexual
offendeŕs
birthday; to increase the duration for registration requirement; to provide for
a procedure for certain sexual offenders to petition a court to be relieved of
registration requirements; to require the sheriff to notify certain people and
entities of the presence of sexual offenders in their community; to increase
punishment for failure to comply with registration requirements; to change the
appointing authority for the Sexual Offender Registration Review Board; to
require the Sexual Offender Registration Review Board to classify sexual
offenders; to require sexually dangerous predators to wear an electronic
monitoring system for the balance of his or her life and to pay for such system;
to require sexually dangerous predators to update required registration
information twice yearly; to provide for employment restrictions for sexual
offenders; to prohibit sexual offenders from loitering in certain locations; to
correct cross-references; to change provisions relating to sexual offenders
conditions for parole; to change provisions relating to chemical treatment and
counseling as a condition of parole for child molesters; to amend Title 5 of the
Official Code of Georgia Annotated, relating to appeal and error, so as to allow
the state and the defendant the right of direct appeal under certain
circumstances; to provide for other 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 finds and declares that recidivist sexual offenders, sexual
offenders who use physical violence, and sexual offenders who prey on children
are sexual predators who present an extreme threat to the public safety. Many
sexual offenders are extremely likely to use physical violence and to repeat
their offenses; and some sexual offenders commit many offenses, have many more
victims than are ever reported, and are prosecuted for only a fraction of their
crimes. The General Assembly finds that this makes the cost of sexual offender
victimization to society at large, while incalculable, clearly exorbitant. The
General Assembly further finds that the high level of threat that a sexual
predator presents to the public safety, and the long-term effects suffered by
victims of sex offenses, provide the state with sufficient justification to
implement a strategy that includes:
(1)
Incarcerating sexual offenders and maintaining adequate facilities to ensure
that decisions to release sexual predators into the community are not made on
the basis of inadequate space;
(2)
Requiring the registration of sexual offenders, with a requirement that complete
and accurate information be maintained and accessible for use by law enforcement
authorities, communities, and the public;
(3)
Providing for community and public notification concerning the presence of
sexual offenders;
(4)
Collecting data relative to sexual offenses and sexual offenders;
(5)
Requiring sexual predators who are released into the community to wear an
electronic monitoring system for the rest of their natural life and to pay for
such system; and
(6)
Prohibiting sexual predators from working with children, either for compensation
or as a volunteer.
The
General Assembly further finds that the state has a compelling interest in
protecting the public from sexual offenders and in protecting children from
predatory sexual activity, and there is sufficient justification for requiring
sexual offenders to register and for requiring community and public notification
of the presence of sexual offenders. The General Assembly declares that in
order to protect the public, it is necessary that the sexual offenders be
registered and that members of the community and the public be notified of a
sexual
offendeŕs
presence. The designation of a person as a sexual offender is neither a
sentence nor a punishment but simply a regulatory mechanism and status resulting
from the conviction of certain crimes. Likewise, the designation of a person as
a sexual predator is neither a sentence nor a punishment but simply a regulatory
mechanism and status resulting from findings by the Sexual Offender Registration
Review Board and a court if requested by a sexual offender.
SECTION
2.
Title
5 of the Official Code of Georgia Annotated, relating to appeal and error, is
amended by striking subsection (a) of Code Section 5-6-34, relating to judgments
and rulings deemed directly appealable, and inserting in lieu thereof the
following:
"(a)
Appeals may be taken to the Supreme Court and the Court of Appeals from the
following judgments and rulings of the superior courts, the constitutional city
courts, and such other courts or tribunals from which appeals are authorized by
the Constitution and laws of this state:
(1)
All final judgments, that is to say, where the case is no longer pending in the
court below, except as provided in Code Section 5-6-35;
(2)
All judgments involving applications for discharge in bail trover and contempt
cases;
(3)
All judgments or orders directing that an accounting be had;
(4)
All judgments or orders granting or refusing applications for receivers or for
interlocutory or final injunctions;
(5)
All judgments or orders granting or refusing applications for attachment against
fraudulent debtors;
(5.1)(6)
Any ruling on a motion which would be dispositive if granted with respect to a
defense that the action is barred by Code Section 16-11-184;
(6)(7)
All judgments or orders granting or refusing to grant mandamus or any other
extraordinary remedy, except with respect to temporary restraining
orders;
(7)(8)
All judgments or orders refusing applications for dissolution of corporations
created by the superior courts;
(8)(9)
All judgments or orders sustaining motions to dismiss a caveat to the probate of
a will;
and
(9)(10)
All final judgments of child
support;
and
(11)
All judgments or orders entered pursuant to subsection (c) of Code Section
17-10-6.2."
SECTION
3.
Said
title is further amended by striking subsection (a) of Code Section 5-7-1,
relating to orders, decisions, or judgments appealable by the state, and
inserting in lieu thereof the following:
"(a)
An appeal may be taken by and on behalf of the State of Georgia from the
superior courts, state courts, City Court of Atlanta, and juvenile courts and
such other courts from which a direct appeal is authorized to the Court of
Appeals of Georgia and the Supreme Court of Georgia in criminal cases and
adjudication of delinquency cases in the following instances:
(1)
From an order, decision, or judgment setting aside or dismissing any indictment,
accusation, or petition alleging that a child has committed a delinquent act or
any count thereof;
(2)
From an order, decision, or judgment arresting judgment of conviction or
adjudication of delinquency upon legal grounds;
(3)
From an order, decision, or judgment sustaining a plea or motion in bar, when
the defendant has not been put in jeopardy;
(4)
From an order, decision, or judgment suppressing or excluding evidence illegally
seized or excluding the results of any test for alcohol or drugs in the case of
motions made and ruled upon prior to the impaneling of a jury or the defendant
being put in jeopardy, whichever occurs first;
(5)
From an order, decision, or judgment of a court where the court does not have
jurisdiction or the order is otherwise void under the Constitution or laws of
this state;
(6)
From an order, decision, or judgment of a superior court transferring a case to
the juvenile court pursuant to subparagraph (b)(2)(B) of Code Section
15-11-28;
(7)
From an order, decision, or judgment of a superior court granting a motion for
new trial or an extraordinary motion for new trial;
or
(8)
From an order, decision, or judgment denying a motion by the state to recuse or
disqualify a judge made and ruled upon prior to the defendant being put in
jeopardy;
or
(9)
From an order, decision, or judgment issued pursuant to subsection (c) of Code
Section
17-10-6.2."
SECTION
4.
Title
16 of the Official Code of Georgia Annotated, relating to crimes and offenses,
is amended by striking Code Section 16-5-21, relating to aggravated assault, and
inserting in lieu thereof the following:
"16-5-21.
(a)
A person commits the offense of aggravated assault when he or she
assaults:
(1)
With intent to murder, to rape, or to rob;
(2)
With a deadly weapon or with any object, device, or instrument which, when used
offensively against a person, is likely to or actually does result in serious
bodily injury; or
(3)
A person or persons without legal justification by discharging a firearm from
within a motor vehicle toward a person or persons.
(b)
Except as provided in subsections (c) through
(i)
(k)
of this Code section, a person convicted of the offense of aggravated assault
shall be punished by imprisonment for not less than one nor more than 20
years.
(c)
A person who knowingly commits the offense of aggravated assault upon a peace
officer while the peace officer is engaged in, or on account of the performance
of, his or her official duties shall, upon conviction thereof, be punished by
imprisonment for not less than five nor more than 20 years.
(d)
Any person who commits the offense of aggravated assault against a person who is
65 years of age or older shall, upon conviction thereof, be punished by
imprisonment for not less than three nor more than 20 years.
(e)(1)
As used in this subsection, the term 'correctional officer' shall include
superintendents, wardens, deputy wardens, guards, and correctional officers of
state, county, and municipal penal institutions who are certified by the Georgia
Peace Officer Standards and Training Council pursuant to Chapter 8 of Title 35
and employees of the Department of Juvenile Justice who are known to be
employees of the department or who have given reasonable identification of their
employment. The term 'correctional officer' shall also include county jail
officers who are certified or registered by the Georgia Peace Officer Standards
and Training Council pursuant to Chapter 8 of Title 35.
(2)
A person who knowingly commits the offense of aggravated assault upon a
correctional officer while the correctional officer is engaged in, or on account
of the performance of, his or her official duties shall, upon conviction
thereof, be punished by imprisonment for not less than five nor more than 20
years.
(f)
Any person who commits the offense of aggravated assault in a public transit
vehicle or station shall, upon conviction thereof, be punished by imprisonment
for not less than three nor more than 20 years. For purposes of this Code
section, 'public transit vehicle' has the same meaning as in subsection (c) of
Code Section 16-5-20.
(f.1)(g)
Any person who commits the offense of aggravated assault upon a person in the
course of violating Code Section 16-8-2 where the property that was the subject
of the theft was a vehicle engaged in commercial transportation of cargo or any
appurtenance thereto, including without limitation any such trailer,
semitrailer, container, or other associated equipment, or the cargo being
transported therein or thereon, shall upon conviction be punished by
imprisonment for not less than five years nor more than 20 years, a fine not
less than $50,000.00 nor more than $200,000.00, or both such fine and
imprisonment. For purposes of this subsection, the term 'vehicle' includes
without limitation any railcar.
(g)(h)
A person convicted of an offense described in paragraph (3) of subsection (a) of
this Code section shall be punished by imprisonment for not less than five nor
more than 20 years.
(h)(i)
Any person who commits the offense of aggravated assault involving the use of a
firearm upon a student or teacher or other school personnel within a school
safety zone as defined in paragraph (1) of subsection (a) of Code Section
16-11-127.1 shall, upon conviction thereof, be punished by imprisonment for not
less than five nor more than 20 years.
(i)(j)
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.
(k)
Any person who commits the offense of aggravated assault with intent to rape
against a child under the age of 14 years shall be punished by imprisonment for
not less than 25 nor more than 50 years. Any person convicted under this
subsection shall, in addition, be subject to the sentencing and punishment
provisions of Code Section
17-10-6.2."
SECTION
5.
Said
title is further amended by striking Code Section 16-5-40, relating to
kidnapping, and inserting in lieu thereof the following:
"16-5-40.
(a)
A person commits the offense of kidnapping when he abducts or steals away any
person without lawful authority or warrant and holds such person against his
will.
(b)
A person convicted of the offense of kidnapping shall be punished
by:
(1)
Imprisonment
imprisonment
for not less than ten nor more than 20
years,
provided that a person convicted of the offense of kidnapping for ransom shall
be punished by
if the
kidnapping involved a victim who was14 years of age or older;
(2)
Imprisonment for life or by a split sentence that is a term of imprisonment for
not less than 25 years and not exceeding life imprisonment, followed by
probation for life, if the kidnapping involved a victim who is less than 14
years of age;
(3)
Life
life
imprisonment or
by
death and
provided, further, that, if the person kidnapped shall have received bodily
injury, the person convicted shall be punished
by
if the
kidnapping was for ransom; or
(4)
Life
life
imprisonment or
by
death if the
person kidnapped received bodily
injury.
(c)
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."
SECTION
6.
Said
title is further amended by striking Code Section 16-5-41, relating to false
imprisonment, and inserting in lieu thereof the following:
"16-5-41.
(a)
A person commits the offense of false imprisonment when, in violation of the
personal liberty of another, he arrests, confines, or detains such person
without legal authority.
(b)
A person convicted of the offense of false imprisonment shall be punished by
imprisonment for not less than one nor more than ten years.
(c)
Any person convicted under this Code section wherein the victim is not the child
of the defendant and the victim is less than 14 years of age shall, in addition,
be subject to the sentencing and punishment provisions of Code Section
17-10-6.2."
SECTION
7.
Said
title is further amended by striking subsection (a) of Code Section 16-5-110,
relating to the publication of notices and information required for registered
sex offenders, assessment for costs, and certain immunity, and inserting in lieu
thereof the following:
"(a)
When a person who has been convicted of a crime for which that person is
required to register under Code Section 42-1-12 makes his or her first report to
a sheriff after such
persońs
release from
confinement,
placement on probation, or upon establishing residency in the
county, the sheriff shall cause to be
published a notice of conviction and release from confinement of such person.
Such notice
shall be published in the manner of legal notices in the legal organ of the
county in which person resides. Such
notice 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;
or a
subsequent photograph, the name and
address of the convicted
person,
and; if
available, the date, time, place of
arrest,;
and
the
disposition of the
case. The
notice
and
shall be published
at or near the
time the person registers with the sheriff at
least
once, and, at
the
sheriff́s
option, may be published more than once,
in the legal organ of the appropriate county
in the
second week following such
persońs
release from confinement or as soon thereafter as publication may be
made. The notice shall include the
address of the Georgia Bureau of Investigation website for additional
information regarding the sexual offender
registry."
SECTION
8.
Said
title is further amended by striking Code Section 16-6-1, relating to rape, and
inserting in lieu thereof the following:
"16-6-1.
(a)
A person commits the offense of rape when he has carnal knowledge
of:
(1)
A female forcibly and against her will; or
(2)
A female who is less than ten years of age.
Carnal
knowledge in rape occurs when there is any penetration of the female sex organ
by the male sex organ. The fact that the person allegedly raped is the wife of
the defendant shall not be a defense to a charge of rape.
(b)
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
a split
sentence that is a term of imprisonment
for not less than
ten nor
more than 20
25
years and not
exceeding life imprisonment, followed by probation for
life. 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.
(c)
When evidence relating to an allegation of rape is collected in the course of a
medical examination of the person who is the victim of the alleged crime, the
law enforcement agency investigating the alleged crime shall be responsible for
the cost of the medical examination to the extent that expense is incurred for
the limited purpose of collecting
evidence."
SECTION
9.
Said
title is further amended by striking Code Section 16-6-2, relating to sodomy and
aggravated sodomy, and inserting in lieu thereof the following:
"16-6-2.
(a)(1)
A person commits the offense of sodomy when he or she performs or submits to any
sexual act involving the sex organs of one person and the mouth or anus of
another.
(2)
A person commits the offense of aggravated sodomy when he or she commits sodomy
with force and against the will of the other person or when he or she commits
sodomy with a person who is less than ten years of age. The fact that the
person allegedly sodomized is the spouse of a defendant shall not be a defense
to a charge of aggravated sodomy.
(b)(1)
Except as provided in subsection (d) of this Code section,
a
A
person convicted of the offense of sodomy shall be punished by imprisonment for
not less than one nor more than 20 years
and shall be
subject to the sentencing and punishment provisions of Code Section
17-10-6.2.
(2)
A person convicted of the offense of aggravated sodomy shall be punished by
imprisonment for life or by
a split
sentence that is a term of imprisonment
for not less than
ten nor
more than 30
25
years and not
exceeding life imprisonment, followed by probation for
life. 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.
(c)
When evidence relating to an allegation of aggravated sodomy is collected in the
course of a medical examination of the person who is the victim of the alleged
crime, the law enforcement agency investigating the alleged crime shall be
financially responsible for the cost of the medical examination to the extent
that expense is incurred for the limited purpose of collecting
evidence.
(d)
If the victim is at least 13 but less than 16 years of age and the person
convicted of sodomy is 18 years of age or younger and is no more than four years
older than the victim, such person shall be guilty of a misdemeanor and shall
not be subject to the sentencing and punishment provisions of Code Section
17-10-6.2."
SECTION
10.
Said
title is further amended by striking Code Section 16-6-3, relating to statutory
rape, and inserting in lieu thereof the following:
"16-6-3.
(a)
A person commits the offense of statutory rape when he or she engages in sexual
intercourse with any person under the age of 16 years and not his or her spouse,
provided that no conviction shall be had for this offense on the unsupported
testimony of the victim.
(b)
Except as
provided in subsection (c) of this Code section,
a
A
person convicted of the offense of statutory rape shall be punished by
imprisonment for not less than one nor more than 20 years; provided, however,
that if the person so convicted is 21 years of age or older, such person shall
be punished by imprisonment for not less than ten nor more than 20
years;
provided, further, that
if. Any
person convicted under this subsection of the offense of statutory rape shall,
in addition, be subject to the sentencing and punishment provisions of Code
Section 17-10-6.2.
(c)
If the victim is
14 or
15
at least 14
but less than 16 years of age and the
person
so
convicted of
statutory rape is 18 years of age or younger
and is no more than
three
four
years older than the victim, such person shall be guilty of a
misdemeanor."
SECTION
11.
Said
title is further amended by striking Code Section 16-6-4, relating to child
molestation and aggravated child molestation, and inserting in lieu thereof the
following:
"16-6-4.
(a)
A person commits the offense of child molestation when he or she does any
immoral or indecent act to or in the presence of or with any child under the age
of 16 years with the intent to arouse or satisfy the sexual desires of either
the child or the person.
(b)(1)
Except as provided in paragraph (2) of this subsection,
a
A
person convicted of a first offense of child molestation shall be punished by
imprisonment for not less than five nor more than 20 years
and shall be
subject to the sentencing and punishment provisions of Code Sections 17-10-6.2
and 17-10-7.
Upon such
first conviction of the offense of child molestation, 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; provided, further, that upon a
defendant́s
Upon a
defendant being incarcerated on a
conviction for
such
a
first offense, the Department of Corrections shall provide counseling to such
defendant.
Except as
provided in paragraph (2) of this subsection,
upon
Upon
a second or subsequent conviction of an offense of child molestation, the
defendant shall be punished by imprisonment for not less than ten years nor more
than 30 years or by imprisonment for life
and shall be
subject to the sentencing and punishment provisions of Code Sections 17-10-6.2
and 17-10-7; provided, however, that prior
to trial, a defendant shall be given notice, in writing, that the state intends
to seek a punishment of life imprisonment.
Adjudication
of guilt or imposition of sentence for a conviction of a second or subsequent
offense of child molestation, including a plea of nolo contendere, shall not be
suspended, probated, deferred, or withheld.
(2)
If the victim is at least 14 but less than 16 years of age and the person
convicted of child molestation is 18 years of age or younger and is no more than
four years older than the victim, such person shall be guilty of a misdemeanor
and shall not be subject to the sentencing and punishment provisions of Code
Section 17-10-6.2.
(c)
A person commits the offense of aggravated child molestation when such person
commits an offense of child molestation which act physically injures the child
or involves an act of sodomy.
(d)(1)
Except as
provided in paragraph (2) of this subsection,
a
A
person convicted of the offense of aggravated child molestation shall be
punished by imprisonment for
life or by a
split sentence that is a term of imprisonment
for not less than
ten nor
more than 30
25
years and not
exceeding life imprisonment, followed by probation for
life,. Any
person convicted under this Code section of the offense of aggravated child
molestation shall, in addition,
and
shall be subject to the sentencing and
punishment provisions of Code Sections 17-10-6.1 and 17-10-7.
(2)
A person convicted of the offense of aggravated child molestation
when:
(A)
The victim is at least 13 but less than 16 years of age;
(B)
The person convicted of aggravated child molestation is 18 years of age or
younger and is no more than four years older than the victim; and
(C)
The basis of the charge of aggravated child molestation involves an act of
sodomy
shall
be guilty of a misdemeanor and shall not be subject to the sentencing and
punishment provisions of Code Section 17-10-6.1.
(2)
The court sentencing a person who has been convicted of a first offense of
aggravated child molestation when the victim is 16 years of age or younger at
the time of the offense is authorized to require, before sentencing, that the
defendant undergo a psychiatric evaluation to ascertain whether or not
medroxyprogesterone acetate chemical treatment or its equivalent would be
effective in changing the
defendant́s
behavior. If it is determined by a qualified mental health professional that
such treatment would be effective, the court may require, as a condition of
probation and upon provisions arranged between the court and the defendant, the
defendant to undergo medroxyprogesterone acetate treatment or its chemical
equivalent which must be coupled with treatment by a qualified mental health
professional. In case of a person sentenced to probation who is required to
undergo such treatment or its chemical equivalent and is in the custody of a law
enforcement agency or confined in a jail at the time of sentencing, when he or
she becomes eligible for probation, such person shall begin medroxyprogesterone
acetate treatment and counseling prior to his or her release from custody or
confinement. A person sentenced to probation who is required to undergo such
treatment and who is not in the custody of a law enforcement agency or confined
in a jail at the time of sentencing shall be taken into custody or confined
until treatment can begin. Additional treatment may continue after such
defendant́s
release from custody or confinement until the defendant demonstrates to the
court that such treatment is no longer necessary. No such treatment shall be
administered until such person has been fully informed of the side effects of
hormonal chemical treatment and has consented to the treatment in writing. The
administration of the treatment shall conform to the procedures and conditions
set out in subsection (c) of Code Section 42-9-44.2.
(3)
Any physician or qualified mental health professional who acts in good faith in
compliance with the provisions of this Code section and subsection (c) of Code
Section 42-9-44.2 in the administration of treatment or provision of counseling
provided for in this Code section shall be immune from civil or criminal
liability for his or her actions in connection with such treatment or
counseling."
SECTION
12.
Said
title is further amended by striking Code Section 16-6-5, relating to enticing a
child for indecent purposes, and inserting in lieu thereof the
following:
"16-6-5.
(a)
A person commits the offense of enticing a child for indecent purposes when he
or she solicits, entices, or takes any child under the age of 16 years to any
place whatsoever for the purpose of child molestation or indecent
acts.
(b)
Except as
provided in subsection (c) of this Code section,
a
A
person convicted of the offense of enticing a child for indecent purposes shall
be punished by imprisonment for not less than
one
ten
nor more than
20
30
years. Any
person convicted under this Code section of the offense of enticing a child for
indecent purposes shall, in addition, be subject to the sentencing and
punishment provisions of Code Section
17-10-6.2.
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 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.
(c)
If the victim is at least 14 but less than 16 years of age and the person
convicted of enticing a child for indecent purposes is 18 years of age or
younger and is no more than four years older than the victim, such person shall
be guilty of a misdemeanor and shall not be subject to the sentencing and
punishment provisions of Code Section
17-10-6.2."
SECTION
13.
Said
title is further amended by striking Code Section 16-6-5.1, relating to sexual
assault against persons in custody, and inserting in lieu thereof the
following:
"16-6-5.1.
(a)
As used in this Code section, the term:
(1)
'Actor' means a person accused of sexual assault.
(2)
'Intimate parts' means the genital area, groin, inner thighs, buttocks, or
breasts of a person.
(3)
'Psychotherapy' means the professional treatment or counseling of a mental or
emotional illness, symptom, or condition.
(4)
'Sexual contact' means any contact
between
for the
purpose of sexual gratification of the
actor and a
person not married to the actor involving
with
the intimate parts of
a person
not married to the actor
either person
for the purpose of sexual gratification of the
actor.
(b)
A probation or parole officer or other custodian or supervisor of another person
referred to in this Code section commits sexual assault when he
or
she engages in sexual contact with another
person who is a probationer or parolee under the supervision of said probation
or parole officer or who is in the custody of law or who is enrolled in a school
or who is detained in or is a patient in a hospital or other institution and
such actor has supervisory or disciplinary authority over such other person. A
person convicted of sexual assault shall be punished by imprisonment for not
less than
one
ten
nor more than
three
30
years;
provided, however, that any person convicted of the offense of sexual assault
under this subsection of a child under the age of 14 years shall be punished by
imprisonment for not less than 25 nor more than 50 years. Any person convicted
under this subsection of the offense of sexual assault shall, in addition, be
subject to the sentencing and punishment provisions of Code Section
17-10-6.2.
(c)(1)
A person commits sexual assault when such person has supervisory or disciplinary
authority over another person and such person engages in sexual contact with
that other person who is:
(A)
In the custody of law; or
(B)
Detained in or is a patient in a hospital or other institution.
(2)
A person commits sexual assault when, as an actual or purported practitioner of
psychotherapy, he or she engages in sexual contact with another person who the
actor knew or should have known is the subject of the
actoŕs
actual or purported treatment or counseling, or, if the treatment or counseling
relationship was used to facilitate sexual contact between the actor and said
person.
(3)
Consent of the victim shall not be a defense to a prosecution under this
subsection.
(4)
A person convicted of sexual assault under this subsection shall be punished by
imprisonment for not less than
one
ten
nor more than
three
30
years;
provided, however, that any person convicted of the offense of sexual assault
under this subsection of a child under the age of 14 years shall be punished by
imprisonment for not less than 25 nor more than 50 years. Any person convicted
under this subsection of the offense of sexual assault shall, in addition, be
subject to the sentencing and punishment provisions of Code Section
17-10-6.2.
(d)
A person who is an employee, agent, or volunteer at any facility licensed or
required to be licensed under Code Section 31-7-3, relating to long-term care
facilities, or Code Section 31-7-12, relating to personal care homes, or who is
required to be licensed pursuant to Code Section 31-7-151 or 31-7-173, relating
to home health care and hospices, commits sexual assault when such person
engages in sexual contact with another person who has been admitted to or is
receiving services from such facility, person, or entity. A person convicted of
sexual assault pursuant to this subsection shall be punished by imprisonment for
not less than
one
ten
nor more than
five
30
years, or a fine of not more than $5,000.00, or both. Any violation of this
subsection shall constitute a separate offense.
Any person
convicted under this subsection of the offense of sexual assault shall, in
addition, be subject to the sentencing and punishment provisions of Code Section
17-10-6.2."
SECTION
14.
Said
title is further amended by striking Code Section 16-6-22, relating to incest,
and inserting in lieu thereof the following:
"16-6-22.
(a)
A person commits the offense of incest when
he
the
person engages in sexual intercourse with
a person to whom he
or
she knows he
or
she is related either by blood or by
marriage as follows:
(1)
Father and daughter or stepdaughter;
(2)
Mother and son or stepson;
(3)
Brother and sister of the whole blood or of the half blood;
(4)
Grandparent and grandchild;
(5)
Aunt and nephew; or
(6)
Uncle and niece.
(b)
A person convicted of the offense of incest shall be punished by imprisonment
for not less than
one
ten
nor more than
20
30
years;
provided, however, that any person convicted of the offense of incest under this
subsection with a child under the age of 14 years shall be punished by
imprisonment for not less than 25 nor more than 50 years. Any person convicted
under this Code section of the offense of incest shall, in addition, be subject
to the sentencing and punishment provisions of Code Section
17-10-6.2."
SECTION
15.
Said
title is further amended by striking Code Section 16-6-22.1, relating to sexual
battery, and inserting in lieu thereof the following:
"16-6-22.1.
(a)
For the purposes of this Code section, the term 'intimate parts' means the
primary genital area, anus, groin, inner thighs, or buttocks of a male or female
and the breasts of a female.
(b)
A person commits the offense of sexual battery when he
or
she intentionally makes physical contact
with the intimate parts of the body of another person without the consent of
that person.
(c)
Except as otherwise provided in this Code section, a person convicted of the
offense of sexual battery shall be punished as for a misdemeanor of a high and
aggravated nature.
(d)
A person convicted of the offense of sexual battery against any child under the
age of 16 years shall be guilty of a felony and, upon conviction thereof, shall
be punished by imprisonment for not less than one nor more than five
years.
(e)
Upon a second or subsequent conviction under subsection (b) of this Code
section, a person shall be guilty of a felony and, upon conviction thereof,
shall be imprisoned for not less than one nor more than five years and, in
addition, shall be subject to the sentencing and punishment provisions of Code
Section
17-10-6.2."
SECTION
16.
Said
title is further amended by striking Code Section 16-6-22.2, relating to
aggravated sexual battery, and inserting in lieu thereof the
following:
"16-6-22.2.
(a)
For the purposes of this Code section, the term 'foreign object' means any
article or instrument other than the sexual organ of a person.
(b)
A person commits the offense of aggravated sexual battery when he
or
she intentionally penetrates with a
foreign object the sexual organ or anus of another person without the consent of
that person.
(c)
A person convicted of the offense of aggravated sexual battery shall be punished
by imprisonment for
life or by a
split sentence that is a term of imprisonment
for not less than
ten nor
more than 20
25
years and not
exceeding life imprisonment, followed by probation for
life,. Any
person convicted under this Code section shall, in
addition,
and
shall be subject to the sentencing and
punishment provisions of Code Sections 17-10-6.1 and
17-10-7."
SECTION
17.
Said
title is further amended by inserting a new Code Section 16-6-25 to read as
follows:
"16-6-25.
(a)
As used in this Code section, the term 'law enforcement unit' means any agency,
organ, or department of this state, or a subdivision or municipality thereof,
whose primary functions include the enforcement of criminal or traffic laws; the
preservation of public order; the protection of life and property; or the
prevention, detection, or investigation of crime. Such term shall also include
the Department of Corrections and the State Board of Pardons and
Paroles.
(b)
Any person who knows or reasonably believes that a sexual offender, as defined
in Code Section 42-1-12, is not complying, or has not complied, with the
requirements of Code Section 42-1-12 and who, with the intent to assist such
sexual offender in eluding a law enforcement unit that is seeking such sexual
offender to question him or her about, or to arrest him or her for, his or her
noncompliance with the requirements of Code Section 42-1-12:
(1)
Harbors, attempts to harbor, or assists another person in harboring or
attempting harbor such sexual offender;
(2)
Conceals, attempts to conceal, or assists another person in concealing or
attempting to conceal such sexual offender; or
(3)
Provides information to the law enforcement unit regarding such sexual offender
which the person knows to be false information
commits
a felony and shall be punished by imprisonment for not less than five nor more
than 20
years."
SECTION
18.
Title
17 of the Official Code of Georgia Annotated, relating to criminal procedure, is
amended by striking subsection (g) of Code Section 17-6-1, relating to where
offenses are bailable and appeal bonds, and inserting in lieu thereof the
following:
"(g)
No appeal bond shall be granted to any person who has been convicted of murder,
rape, aggravated sodomy, armed robbery, aggravated child molestation,
child
molestation, kidnapping, trafficking in
cocaine or marijuana, aggravated stalking, or aircraft hijacking and who has
been sentenced to serve a period of incarceration of
seven
five
years or more. The granting of an appeal bond to a person who has been convicted
of any other felony offense or of any misdemeanor offense involving an act of
family violence as defined in Code Section 19-13-1, or of any offense delineated
as a high and aggravated misdemeanor or of any offense set forth in Code Section
40-6-391, shall be in the discretion of the convicting court. Appeal bonds shall
terminate when the right of appeal terminates, and such bonds shall not be
effective as to any petition or application for writ of certiorari unless the
court in which the petition or application is filed so
specifies."
SECTION
19.
Said title is further amended by striking paragraph (1) of subsection (a) of Code Section 17-10-1, relating to the fixing of a sentence, and inserting in lieu thereof the following:
Said title is further amended by striking paragraph (1) of subsection (a) of Code Section 17-10-1, relating to the fixing of a sentence, and inserting in lieu thereof the following:
"(a)(1)
Except in cases in which life imprisonment, life without parole, or the death
penalty may be imposed, upon a verdict or plea of guilty in any case involving a
misdemeanor or felony, and after a presentence hearing, the judge fixing the
sentence shall prescribe a determinate sentence for a specific number of months
or years which shall be within the minimum and maximum sentences prescribed by
law as the punishment for the crime. The judge imposing the sentence is granted
power and authority to suspend or probate all or any part of the entire sentence
under such rules and regulations as the judge deems proper, including service of
a probated sentence in the sentencing options system, as provided by Article 9
of Chapter 8 of Title 42, and including the authority to revoke the suspension
or probation when the defendant has violated any of the rules and regulations
prescribed by the court, even before the probationary period has begun, subject
to the conditions set out in this subsection; provided, however, that such
action shall be subject to the provisions of Code
Section
Sections
17-10-6.1 and
17-10-6.2."
SECTION
20.
Said
title is further amended by striking Code Section 17-10-6.1, relating to
punishment for serious violent offenders, and inserting in lieu thereof the
following:
"17-10-6.1.
(a)
As used in this Code section, the term 'serious violent felony'
means:
(1)
Murder or felony murder, as defined in Code Section 16-5-1;
(2)
Armed robbery, as defined in Code Section 16-8-41;
(3)
Kidnapping, as defined in Code Section 16-5-40;
(4)
Rape, as defined in Code Section 16-6-1;
(5)
Aggravated child molestation, as defined in
subsection (c)
of Code Section
16-6-4, unless
subject to the provisions of paragraph (2) of subsection (d) of Code Section
16-6-4;
(6)
Aggravated sodomy, as defined in Code Section 16-6-2; or
(7)
Aggravated sexual battery, as defined in Code Section 16-6-22.2.
(b)(1)
Notwithstanding any other provisions of law to the contrary, any person
convicted of
a
the
serious violent felony
as defined
in paragraphs (2) through (7) of subsection (a) of this Code
section
of kidnapping
involving a victim who is 14 years of age or older or armed
robbery shall be sentenced to a mandatory
minimum term of imprisonment of ten years and no portion of the mandatory
minimum sentence imposed shall be suspended, stayed, probated, deferred, or
withheld by the sentencing court and shall not be reduced by any form of pardon,
parole, or commutation of sentence by the State Board of Pardons and
Paroles.
(2)
Notwithstanding any other provisions of law to the contrary, the sentence of any
person convicted of the serious violent felony of:
(A)
Kidnapping involving a victim who is less than 14 years of age;
(B)
Rape;
(C)
Aggravated child molestation, as defined in subsection (c) of Code Section
16-6-4, unless subject to the provisions of paragraph (2) of subsection (d) of
Code Section 16-6-4;
(D)
Aggravated sodomy, as defined in Code Section 16-6-2; or
(E)
Aggravated sexual battery, as defined in Code Section 16-6-22.2
shall,
unless sentenced to life imprisonment, be a split sentence which shall include a
mandatory minimum term of imprisonment of 25 years, followed by probation for
life. No portion of the mandatory minimum sentence imposed shall be suspended,
stayed, probated, deferred, or withheld by the sentencing court and shall not be
reduced by any form of pardon, parole, or commutation of sentence by the State
Board of Pardons and Paroles.
(3)
No person convicted of a serious violent felony
as defined
in subsection (a) of this Code section
shall be sentenced as a first offender pursuant to Article 3 of Chapter 8 of
Title 42, relating to probation for first offenders, or any other provision of
Georgia law relating to the sentencing of first offenders. The State of Georgia
shall have the right to appeal any sentence which is imposed by the superior
court which does not conform to the provisions of this subsection in the same
manner as is provided for other appeals by the state in accordance with Chapter
7 of Title 5, relating to appeals or certiorari by the state.
(c)(1)
Except as otherwise provided in subsection (c) of Code Section 42-9-39, for a
first conviction of a serious violent felony in which the defendant has been
sentenced to life imprisonment, that person shall not be eligible for any form
of parole or early release administered by the State Board of Pardons and
Paroles until that person has served a minimum of
14
30
years in prison. The minimum term of imprisonment shall not be reduced by any
earned time, early release, work release, leave, or other sentence-reducing
measures under programs administered by the Department of
Corrections.
(2)
For a first conviction of a serious violent felony in which the defendant has
been sentenced to death but the sentence of death has been commuted to life
imprisonment, that person shall not be eligible for any form of parole or early
release administered by the State Board of Pardons and Paroles until that person
has served a minimum of
25
30
years in prison. The minimum term of imprisonment shall not be reduced by any
earned time, early release, work release, leave, or other sentence-reducing
measures under programs administered by the Department of
Corrections.
(3)
Any sentence imposed for the first conviction of any serious violent felony
other than a sentence of life imprisonment or life without parole or death shall
be served in its entirety as imposed by the sentencing court and shall not be
reduced by any form of parole or early release administered by the State Board
of Pardons and Paroles or by any earned time, early release, work release,
leave, or other sentence-reducing measures under programs administered by the
Department of Corrections, the effect of which would be to reduce the period of
incarceration ordered by the sentencing court.
(d)
For purposes of this Code section, a first conviction of any serious violent
felony means that the person has never been convicted of a serious violent
felony under the laws of this state or of an offense under the laws of any other
state or of the United States, which offense if committed in this state would be
a serious violent felony. Conviction of two or more crimes charged on separate
counts of one indictment or accusation, or in two or more indictments or
accusations consolidated for trial, shall be deemed to be only one
conviction."
SECTION
21.
Said
title is further amended by adding a new Code section to follow Code Section
17-10-6.1, relating to punishment for serious violent offenders, to read as
follows:
"17-10-6.2.
(a)
As used in this Code section, the term 'sexual offense' means:
(1)
Aggravated assault with the intent to rape, as defined in Code Section
16-5-21;
(2)
False imprisonment, as defined in Code Section 16-5-41, if the victim is not the
child of the defendant and the victim is less than 14 years of age;
(3)
Sodomy, as defined in Code Section 16-6-2, unless subject to the provisions of
subsection (d) of Code Section 16-6-2;
(4)
Statutory rape, as defined in Code Section 16-6-3, if the person convicted of
the crime is 21 years of age or older;
(5)
Child molestation, as defined in subsection (a) of Code Section 16-6-4, unless
subject to the provisions of paragraph (2) of subsection (b) of Code Section
16-6-4;
(6)
Enticing a child for indecent purposes, as defined in Code Section 16-6-5,
unless subject to the provisions of subsection (c) of Code Section
16-6-5;
(7)
Sexual assault against persons in custody, as defined in Code Section
16-6-5.1;
(8)
Incest, as defined in Code Section 16-6-22;
(9)
A second or subsequent conviction for sexual battery, as defined in Code Section
16-6-22.1; or
(10)
Sexual exploitation of children, as defined in Code Section
16-12-100.
(b)
Except as provided in subsection (c) of this Code section, and notwithstanding
any other provisions of law to the contrary, any person convicted of a sexual
offense shall be sentenced to a split sentence which shall include the minimum
term of imprisonment specified in the Code section applicable to the offense.
No portion of the mandatory minimum sentence imposed shall be suspended, stayed,
probated, deferred, or withheld by the sentencing court and such sentence shall
include, in addition to the mandatory imprisonment, an additional probated
sentence of at least one year. No person convicted of a sexual offense shall be
sentenced as a first offender pursuant to Article 3 of Chapter 8 of Title 42,
relating to probation for first offenders, or any other provision of Georgia law
relating to the sentencing of first offenders.
(c)(1)
In the
court́s
discretion, the court may deviate from the mandatory minimum sentence as set
forth in subsection (b) of this Code section, or any portion thereof, provided
that:
(A)
The defendant has no prior conviction of an offense prohibited by Chapter 6 of
Title 16 or Part 2 of Article 3 of Chapter 12 of Title 16, nor a prior
conviction for any offense under federal law or the laws of another state or
territory of the United States which consists of the same or similar elements of
offenses prohibited by Chapter 6 of Title 16 or Part 2 of Article 3 of Chapter
12 of Title 16;
(B)
The defendant did not use a deadly weapon or any object, device, or instrument
which when used offensively against a person would be likely to or actually did
result in serious bodily injury during the commission of the
offense;
(C)
The court has not found evidence of a relevant similar transaction;
(D)
The victim did not suffer any intentional physical harm during the commission of
the offense;
(E)
The offense did not involve the transportation of the victim; and
(F)
The victim was not physically restrained during the commission of the
offense.
(2)
If the court deviates in sentencing pursuant to this subsection, the judge shall
issue a written order setting forth the
judgés
reasons. Any such order shall be appealable by the defendant pursuant to Code
Section 5-6-34, or by the State of Georgia pursuant to Code Section
5-7-1.
(d)
If the court imposes a probated sentence, the defendant shall submit to review
by the Sexual Offender Registration Review Board for purposes of risk assessment
classification within ten days of being sentenced and shall otherwise comply
with Article 2 of Chapter 1 of Title
42."
SECTION
22.
Said
title is further amended in subsection (b) of Code Section 17-10-30, relating to
the procedure for implementation of the death penalty generally, by striking
"or" at the end of paragraph (9), by adding "; or" at the end of paragraph (10),
and by adding a new paragraph (11) to read as follows:
"(11)
The offense of murder, rape, or kidnapping was committed by a person previously
convicted of rape, aggravated sodomy, aggravated child molestation, or
aggravated sexual
battery."
SECTION
23.
Title
35 of the Official Code of Georgia Annotated, relating to law enforcement
officers and agencies, is amended by striking subparagraph (A) of paragraph (4)
of Code Section 35-3-30, relating to definitions used for the Georgia Crime
Information Center article, and inserting in lieu thereof the
following:
"(A)
'Criminal history record information' means information collected by criminal
justice agencies on individuals consisting of identifiable descriptions and
notations of arrests, detentions, indictments, accusations, information, or
other formal charges, and any disposition arising therefrom, sentencing,
correctional supervision, and release.
Such term also
includes the age and sex of each victim as provided by criminal justice
agencies. The term does not include
identification information, such as fingerprint records, to the extent that such
information does not indicate involvement of the individual in the criminal
justice
system."
SECTION
24.
Title
42 of the Official Code of Georgia Annotated, relating to penal institutions, is
amended by designating Code Sections 42-1-1 through 42-1-11 as Article 1 of
Chapter 1, striking in their entirety Code Sections 42-1-12 and 42-1-13, and
inserting in their place a new Article 2 to read as follows:
"ARTICLE
2
42-1-12.
(a)
As used in this article, the term:
(1)
'Address' means the street or route address of the sexual
offendeŕs
residence. For purposes of this Code section, the term does not mean a post
office box, and homeless does not constitute an address.
(2)
'Appropriate official' means:
(A)
With respect to a sexual offender who is sentenced to probation without any
sentence of incarceration in the state prison system or who is sentenced
pursuant to Article 3 of Chapter 8 of this title, relating to first offenders,
the Division of Probation of the Department of Corrections;
(B)
With respect to a sexual offender who is sentenced to a period of incarceration
in a prison under the jurisdiction of the Department of Corrections and who is
subsequently released from prison or placed on probation, the commissioner of
corrections or his or her designee;
(C)
With respect to a sexual offender who is placed on parole, the chairperson of
the State Board of Pardons and Paroles or his or her designee; and
(D)
With respect to a sexual offender who is placed on probation through a private
probation agency, the director of the private probation agency or his or her
designee.
(3)
'Area where minors congregate' shall include all public and private parks and
recreation facilities, playgrounds, skating rinks, neighborhood centers,
gymnasiums, school bus stops, and public and community swimming
pools.
(4)
'Assessment criteria' means the tests that the board members use to determine
the likelihood that a sexual offender will commit another criminal offense
against a victim who is a minor or commit a dangerous sexual
offense.
(5)
'Board' means the Sexual Offender Registration Review Board.
(6)
'Child care facility' means all public and private pre-kindergarten facilities,
day-care centers, child care learning centers, preschool facilities, and
long-term care facilities for children.
(7)
'Church' means a place of public religious worship.
(8)
'Conviction' includes a final judgment of conviction entered upon a verdict or
finding of guilty of a crime, a plea of guilty, or a plea of nolo contendere. A
defendant who is discharged without adjudication of guilt and who is not
considered to have a criminal conviction pursuant to Article 3 of Chapter 8 of
this title, relating to first offenders, shall be subject to the registration
requirements of this Code section for the period of time prior to the
defendant́s
discharge after completion of his or her sentence or upon the defendant being
adjudicated guilty. Unless otherwise required by federal law, a defendant who
is discharged without adjudication of guilt and who is not considered to have a
criminal conviction pursuant to Article 3 of Chapter 8 of this title, relating
to first offenders, shall not be subject to the registration requirements of
this Code section upon the
defendant́s
discharge.
(9)(A)
'Criminal offense against a victim who is a minor' with respect to convictions
occurring on or before June 30, 2001, means any criminal offense under Title 16
or any offense under federal law or the laws of another state or territory of
the United States which consists of:
(i)
Kidnapping of a minor, except by a parent;
(ii)
False imprisonment of a minor, except by a parent;
(iii)
Criminal sexual conduct toward a minor;
(iv)
Solicitation of a minor to engage in sexual conduct;
(v)
Use of a minor in a sexual performance;
(vi)
Solicitation of a minor to practice prostitution; or
(vii)
Any conviction resulting from an underlying sexual offense against a victim who
is a minor.
(B)
'Criminal offense against a victim who is a minor' with respect to convictions
occurring after June 30, 2001, means any criminal offense under Title 16 or any
offense under federal law or the laws of another state or territory of the
United States which consists of:
(i)
Kidnapping of a minor, except by a parent;
(ii)
False imprisonment of a minor, except by a parent;
(iii)
Criminal sexual conduct toward a minor;
(iv)
Solicitation of a minor to engage in sexual conduct;
(v)
Use of a minor in a sexual performance;
(vi)
Solicitation of a minor to practice prostitution;
(vii)
Use of a minor to engage in any sexually explicit conduct to produce any visual
medium depicting such conduct;
(viii)
Creating, publishing, selling, distributing, or possessing any material
depicting a minor or a portion of a
minoŕs
body engaged in sexually explicit conduct;
(ix)
Transmitting, making, selling, buying, or disseminating by means of a computer
any descriptive or identifying information regarding a child for the purpose of
offering or soliciting sexual conduct of or with a child or the visual depicting
of such conduct;
(x)
Conspiracy to transport, ship, receive, or distribute visual depictions of
minors engaged in sexually explicit conduct; or
(xi)
Any conduct which, by its nature, is a sexual offense against a
minor.
(C)
For purposes of subparagraph (a)(9)(B) of this Code section, conduct which is
punished as for a misdemeanor or which is prosecuted in juvenile court shall not
be considered a criminal offense against a victim who is a minor.
(10)(A)
'Dangerous sexual offense' with respect to convictions occurring after June 30,
2006, means any criminal offense under Title 16 as specified in this paragraph
or any offense under federal law or the laws of another state or territory of
the United States which consists of the same or similar elements of the
following offenses:
(i)
Aggravated assault with the intent to rape in violation of Code Section
16-5-2;
(ii)
Kidnapping in violation of Code Section 16-5-40 which involves a victim who is
less than 14 years of age, except by a parent;
(iii)
False imprisonment in violation of Code Section 16-5-41 which involves a victim
who is less than 14 years of age, except by a parent;
(iv)
Rape in violation of Code Section 16-6-1;
(v)
Sodomy in violation of Code Section 16-6-2;
(vi)
Aggravated sodomy in violation of Code Section 16-6-2;
(vii)
Statutory rape in violation of Code Section 16-6-3, if the individual convicted
of the offense is 21 years of age or older;
(viii)
Child molestation in violation of Code Section 16-6-4;
(ix)
Aggravated child molestation in violation of Code Section 16-6-4, unless the
person was convicted of a misdemeanor offense;
(x)
Enticing a child for indecent purposes in violation of Code Section
16-6-5;
(xi)
Sexual assault against persons in custody in violation of Code Section
16-6-5.1;
(xii)
Incest in violation of Code Section 16-6-22;
(xiii)
A second conviction for sexual battery in violation of Code Section
16-6-22.1;
(xiv)
Aggravated sexual battery in violation of Code Section 16-6-23;
(xv)
Sexual exploitation of children in violation of Code Section
16-12-100;
(xvi)
Electronically furnishing obscene material to minors in violation of Code
Section 16-12-100.1;
(xvii)
Computer pornography and child exploitation prevention in violation of Code
Section 16-12-100.2;
(xviii)
Obscene telephone contact in violation of Code Section 16-12-100.3;
or
(xix)
Any conduct which, by its nature, is a sexual offense against a minor or an
attempt to commit a sexual offense against a minor.
(B)
For purposes of this paragraph, conduct which is punished as for a misdemeanor
or which is prosecuted in juvenile court shall not be considered a dangerous
sexual offense.
(11)
'Institution of higher education' means a private or public community college,
state university, state college, or independent postsecondary
institution.
(12)
'Level I risk assessment classification' means the sexual offender is a low sex
offense risk and low recidivism risk for future sexual offenses.
(13)
'Level II risk assessment classification' means the sexual offender is an
intermediate sex offense risk and intermediate recidivism risk for future sexual
offenses and includes all sexual offenders who do not meet the criteria for
classification either as a sexually dangerous predator or for Level I risk
assessment.
(14)
'Minor' means any individual under the age of 18 years and any individual that
the sexual offender believed at the time of the offense was under the age of 18
years if such individual was the victim of an offense.
(15)
'Public and community swimming pools' includes municipal, school, hotel, motel,
or any pool to which access is granted in exchange for payment of a daily fee.
The term includes apartment complex pools, country club pools, or subdivision
pools which are open only to residents of the subdivision and their guests.
This term does not include a private pool or hot tub serving a single-family
dwelling and used only by the residents of the dwelling and their
guests.
(16)
'Required registration information' means:
(A)
Name; social security number; age; race; sex; date of birth; height; weight;
hair color, eye color, fingerprints; and photograph;
(B)
Address of any permanent residence and address of any current temporary
residence, within the state or out of state, and, if applicable in addition to
the address, a rural route address and a post office box;
(C)
If the place of residence is a motor vehicle or trailer, provide the vehicle
identification number, the license tag number, and a description, including
color scheme, of the motor vehicle or trailer;
(D)
If the place of residence is a mobile home, provide the mobile home location
permit number; the name and address of the owner of the home; a description,
including the color scheme of the mobile home; and, if applicable, a description
of where the mobile home is located on the property;
(E)
If the place of residence is a manufactured home, provide the name and address
of the owner of the home; a description, including the color scheme of the
manufactured home; and, if applicable, a description of where the manufactured
home is located on the property;
(F)
If the place of residence is a vessel, live-aboard vessel, or houseboat, provide
the hull identification number; the
manufactureŕs
serial number; the name of the vessel, live-aboard vessel, or houseboat; the
registration number; and a description, including color scheme, of the vessel,
live-aboard vessel, or houseboat;
(G)
Date of employment, place of any employment, and address of employer;
(H)
Place of vocation and address of the place of vocation;
(I)
Vehicle make, model, color, and license tag number;
(J)
If enrolled, employed, or carrying on a vocation at an institution of higher
education in this state, the name, address, and county of each institution,
including each campus attended, and enrollment or employment status;
and
(K)
The name of the crime or crimes for which the sexual offender is registering and
the date released from prison or placed on probation, parole, or supervised
release.
(17)
'Risk assessment classification' means the notification level into which a
sexual offender is placed based on the
board́s
assessment.
(18)
'School' means all public and private kindergarten, elementary, and secondary
schools.
(19)
'School bus stop' means a school bus stop as designated by local school boards
of education or by a private school.
(20)
'Sexual offender' means any individual:
(A)
Who has been convicted of a criminal offense against a victim who is a minor or
any dangerous sexual offense; or
(B)
Who has been convicted under the laws of another state or territory, under the
laws of the United States, under the Uniform Code of Military Justice, or in a
tribal court of a criminal offense against a victim who is a minor or a
dangerous sexual offense.
(21)
'Sexually dangerous predator' means a sexual offender:
(A)
Who was designated as a sexually violent predator between July 1, 1996, and June
30, 2006; or
(B)
Who is determined by the Sexual Offender Registration Review Board to be at risk
of perpetrating any future dangerous sexual offense.
(22)
'Vocation' means any full-time, part-time, or volunteer employment with or
without compensation exceeding 14 consecutive days or for an aggregate period of
time exceeding 30 days during any calendar year.
(b)
Before a sexual offender who is required to register under this Code section is
released from prison or placed on parole, supervised release, or probation, the
appropriate official shall:
(1)
Inform the sexual offender of the obligation to register, the amount of the
registration fee, and how to maintain registration;
(2)
Obtain the information necessary for the required registration
information;
(3)
Inform the sexual offender that, if the sexual offender changes any of the
required registration information, other than residence address, the sexual
offender shall give the new information to the sheriff of the county with whom
the sexual offender is registered within 72 hours of the change of information;
if the information is the sexual
offendeŕs
new residence address, the sexual offender shall give the information to the
sheriff of the county with whom the sexual offender last registered within 72
hours prior to moving and to the sheriff of the county to which the sexual
offender is moving within 72 hours after the change of information;
(4)
Inform the sexual offender that he or she shall also register in any state where
he or she is employed, carries on a vocation, or is a student;
(5)
Inform the sexual offender that, if he or she changes residence to another
state, the sexual offender shall register the new address with the sheriff of
the county with whom the sexual offender last registered, and that the sexual
offender shall also register with a designated law enforcement agency in the new
state within 72 hours after establishing residence in the new
state;
(6)
Obtain fingerprints and a current photograph of the sexual
offender;
(7)
Require the sexual offender to read and sign a form stating that the obligations
of the sexual offender have been explained;
(8)
Obtain and forward any information obtained from the clerk of court pursuant to
Code Section 42-5-50 to the
sheriff́s
office of the county in which the sexual offender will reside; and
(9)
If required by Code Section 42-1-14, place any required electronic monitoring
system on the sexually dangerous predator and explain its operation and
cost.
(c)
The Department of Corrections shall:
(1)
Forward to the Georgia Bureau of Investigation a copy of the form stating that
the obligations of the sexual offender have been explained;
(2)
Forward any required registration information to the Georgia Bureau of
Investigation;
(3)
Forward the sexual
offendeŕs
fingerprints and photograph to the
sheriff́s
office of the county where the sexual offender is going to reside;
(4)
Inform the board and the prosecuting attorney for the jurisdiction in which a
sexual offender was convicted of the impending release of a sexual offender at
least eight months prior to such release so as to facilitate compliance with
Code Section 42-1-14; and
(5)
Keep all records of sexual offenders in a secure facility until official proof
of death of a registered sexual offender and thereafter the records shall be
destroyed in accordance with Code Sections 15-1-10, 15-6-62, and
15-6-62.1.
(d)
No sexual offender shall be released from prison or placed on parole, supervised
release, or probation until:
(1)
The appropriate official has provided the Georgia Bureau of Investigation and
the
sheriff́s
office in the county where the sexual offender will be residing with the sexual
offendeŕs
required registration information and risk assessment classification level;
and
(2)
The sexual
offendeŕs
name has been added to the list of sexual offenders maintained by the Georgia
Bureau of Investigation and the
sheriff́s
office as required by this Code section.
(e)
Registration pursuant to this Code section shall be required by any individual
who:
(1)
Is convicted on or after July 1, 1996, of a criminal offense against a victim
who is a minor;
(2)
Is convicted on or after July 1, 2006, of a dangerous sexual
offense;
(3)
Has previously been convicted of a criminal offense against a minor and may be
released from prison or placed on parole, supervised release, or probation on or
after July 1, 1996;
(4)
Has previously been convicted of a sexually violent offense and may be released
from prison or placed on parole, supervised release, or probation;
(5)
Is a resident of Georgia who intends to reside in this state and who is
convicted under the laws of another state or the United States, under the
Uniform Code of Military Justice, or in a tribal court of a sexually violent
offense, a criminal offense against a victim who is a minor on or after July 1,
1999, or a dangerous sexual offense on or after July 1, 2006;
(6)
Is a nonresident sexual offender who changes residence from another state or
territory of the United States to Georgia who is required to register as a
sexual offender under federal law, military law, tribal law, or the laws of
another state or territory, regardless of when the conviction
occurred;
(7)
Is a nonresident sexual offender who enters this state for the purpose of
employment or any other reason for a period exceeding 14 consecutive days or for
an aggregate period of time exceeding 30 days during any calendar year
regardless of whether such sexual offender is required to register under federal
law, military law, tribal law, or the laws of another state or territory;
or
(8)
Is a nonresident sexual offender who enters this state for the purpose of
attending school as a full-time or part-time student regardless of whether such
sexual offender is required to register under federal law, military law, tribal
law, or the laws of another state or territory.
(f)
Any sexual offender required to register under this Code section
shall:
(1)
Provide the required registration information to the appropriate official before
being released from prison or placed on parole, supervised release, or
probation;
(2)
Register with the sheriff of the county in which the sexual offender resides
within 72 hours after the sexual
offendeŕs
release from prison or placement on parole, supervised release, probation, or
entry into this state;
(3)
Maintain the required registration information with the sheriff of the county in
which the sexual offender resides;
(4)
Renew the required registration information with the sheriff of the county in
which the sexual offender resides by reporting to the sheriff within 72 hours
prior to such
offendeŕs
birthday each year to be photographed and fingerprinted;
(5)
Update the required registration information with the sheriff of the county in
which the sexual offender resides within 72 hours of any change to the required
registration information, other than residence address; if the information is
the sexual
offendeŕs
new residence address, the sexual offender shall give the information to the
sheriff of the county with whom the sexual offender last registered within 72
hours prior to any change of residence address and to the sheriff of the county
to which the sexual offender is moving within 72 hours after establishing the
new residence;
(6)
If convicted of a dangerous sexual offense on or after July 1, 2006, pay to the
sheriff of the county where the sexual offender resides an annual registration
fee of $250.00 upon each anniversary of such registration; and
(7)
Continue to comply with the registration requirements of this Code section for
the entire life of the sexual offender, including ensuing periods of
incarceration.
(g)(1)
Any sexual offender required to register under this Code section who meets the
criteria set forth in paragraph (2) of this Code section may petition the
superior court of the jurisdiction in which the sexual offender is registered to
be released from the registration requirements of this Code section. The court
may issue an order releasing the sexual offender from further registration if
the court finds that the sexual offender does not pose a substantial risk of
perpetrating any future dangerous sexual offense.
(2)
In order to petition the court pursuant to paragraph (1) of this subsection, the
sexual offender shall:
(A)
Have been sentenced pursuant to subsection (c) of Code Section 17-10-6.2;
and
(B)
Have had ten years elapse since his or her release from prison, parole,
supervised release, or probation.
(h)(1)
The appropriate official or sheriff shall, within 72 hours after receipt of the
required registration information, forward such information to the Georgia
Bureau of Investigation. Once the data is entered into the Criminal Justice
Information System by the appropriate official or sheriff, the Georgia Crime
Information Center shall notify the sheriff of the sexual
offendeŕs
county of residence, either permanent or temporary, the sheriff of the county of
employment, and the sheriff of the county where the sexual offender attends an
institution of higher education within 24 hours of entering the data or any
change to the data.
(2)
The Georgia Bureau of Investigation shall:
(A)
Transmit all information, including the conviction data and fingerprints, to the
Federal Bureau of Investigation within 24 hours of entering the
data;
(B)
Establish operating policies and procedures concerning record ownership,
quality, verification, modification, and cancellation; and
(C)
Perform mail out and verification duties as follows:
(i)
Send each month Criminal Justice Information System network messages to sheriffs
listing sexual offenders due for verification;
(ii)
Create a photo image file from original entries and provide such entries to
sheriffs to assist in sexual offender identification and
verification;
(iii)
Mail a nonforwardable verification form to the last reported address of the
sexual offender within ten days prior to the sexual
offendeŕs
birthday;
(iv)
If the sexual offender changes residence to another state, notify the law
enforcement agency with which the sexual offender shall register in the new
state; and
(v)
Maintain records required under this Code section.
(i)
The
sheriff́s
office in each county shall:
(1)
Prepare and maintain a list of all sexual offenders and sexually dangerous
predators residing in each county. Such list shall include the sexual
offendeŕs
name; age; physical description; address; crime of conviction, including
conviction date and the jurisdiction of the conviction; photograph; and the risk
assessment classification level provided by the board, and an explanation of how
the board classifies sexual offenders and sexually dangerous
predators;
(2)
Electronically submit and update all information provided by the sexual offender
within two working days to the Georgia Bureau of Investigation in a manner
prescribed by the Georgia Bureau of Investigation;
(3)
Maintain and post a list of every sexual offender residing in each
county:
(A)
In the
sheriff́s
office;
(B)
In any county administrative building;
(C)
In the main administrative building for any municipal corporation;
(D)
In the office of the clerk of the superior court so that such list is available
to the public; and
(E)
On a website maintained by the sheriff of the county for the posting of general
information;
(4)
Update the public notices required by paragraph (3) of this Code section within
two working days;
(5)
Inform the public of the presence of sexual offenders in each
community;
(6)
Update the list of sexual offenders residing in the county upon receipt of new
information affecting the residence address of a sexual offender or upon the
registration of a sexual offender moving into the county by virtue of release
from prison, relocation from another county, conviction in another state,
federal court, military tribunal, or tribal court. Such list, and any additions
to such list, shall be delivered, within 72 hours of updating the list of sexual
offenders residing in the county, to all schools or institutions of higher
education located in the county;
(7)
Within 72 hours of the receipt of changed required registration information,
notify the Georgia Bureau of Investigation through the Criminal Justice
Information System of each change of information;
(8)
Retain the verification form stating that the sexual offender still resides at
the address last reported;
(9)
Enforce the criminal provisions of this Code section. The sheriff may request
the assistance of the Georgia Bureau of Investigation to enforce the provisions
of this Code section;
(10)
Cooperate and communicate with other
sheriffś
offices in this state and in the United States to maintain current data on the
location of sexual offenders;
(11)
Determine the appropriate time of day for reporting by sexual offenders, which
shall be consistent with the reporting requirements of this Code
section;
(12)
If required by Code Section 42-1-14, place any electronic monitoring system on
the sexually dangerous predator and explain its operation and cost;
(13)
Provide current information on names and addresses of all registered sexual
offenders to campus police with jurisdiction for the campus of an institution
of higher education if the campus is within the
sheriff́s
jurisdiction; and
(14)
Collect the annual $250.00 registration fee from the sexual offender and
transmit such fees to the state for deposit into the general fund.
(j)(1)
The sheriff of the county where the sexual offender resides or last registered
shall be the primary law enforcement official charged with communicating the
whereabouts of the sexual offender and any changes in required registration
information to the
sheriff́s
office of the county or counties where the sexual offender is employed,
volunteers, attends an institution of higher education, or moves.
(2)
The
sheriff́s
office may post the list of sexual offenders in any public building in addition
to those locations enumerated in subsection (h) of this Code
section.
(k)
The Georgia Crime Information Center shall create the Criminal Justice
Information System network transaction screens by which appropriate officials
shall enter original data required by this Code section. Screens shall also be
created for
sheriffś
offices for the entry of record confirmation data; employment; changes of
residence, institutions of higher education, or employment; or other pertinent
data to assist in sexual offender identification.
(l)(1)
On at least an annual basis, the Department of Education shall obtain from the
Georgia Bureau of Investigation a complete list of the names and addresses of
all registered sexual offenders and shall send such list, accompanied by a hold
harmless provision, to each school in this state. In addition, the Department
of Education shall provide information to each school in this state on accessing
and retrieving from the Georgia Bureau of
Investigatiońs
website a list of the names and addresses of all registered sexual
offenders.
(2)
On at least an annual basis, the Department of Early Care and Learning shall
provide current information to all child care programs regulated pursuant to
Code Section 20-1A-10 and to all child care learning centers, day-care, group
day-care, and family day-care programs regulated pursuant to Code Section
49-5-12 on accessing and retrieving from the Georgia Bureau of
Investigatiońs
website a list of the names and addresses of all registered sexual offenders and
shall include, on a continuing basis, such information with each application for
licensure, commissioning, or registration for early care and education
programs.
(3)
On at least an annual basis, the Department of Human Resources shall provide
current information to all long-term care facilities for children on accessing
and retrieving from the Georgia Bureau of
Investigatiońs
website a list of the names and addresses of all registered sexual
offenders.
(m)
Within ten days of the filing of a
defendant́s
discharge and exoneration of guilt pursuant to Article 3 of Chapter 8 of this
title, the clerk of court shall transmit the order of discharge and exoneration
to the Georgia Bureau of Investigation and any sheriff maintaining records
required under this Code section.
(n)
Any individual who:
(1)
Is required to register under this Code section and who fails to comply with the
requirements of this Code section;
(2)
Provides false information; or
(3)
Fails to respond directly to the sheriff within 72 hours of such
individuaĺs
birthday
shall
be guilty of a felony and shall be punished by imprisonment for not less than
ten nor more than 30 years; provided, however, that upon the conviction of the
second offense under this subsection, the defendant shall be punished by
imprisonment for life.
(o)
The information collected pursuant to this Code section shall be treated as
private data except that:
(1)
Such information may be disclosed to law enforcement agencies for law
enforcement purposes;
(2)
Such information may be disclosed to government agencies conducting confidential
background checks; and
(3)
The Georgia Bureau of Investigation or any sheriff maintaining records required
under this Code section shall, in addition to the requirements of this Code
section to inform the public of the presence of sexual offenders in each
community, release such other relevant information collected under this Code
section that is necessary to protect the public concerning sexual offenders
required to register under this Code section, except that the identity of a
victim of an offense that requires registration under this Code section shall
not be released.
(p)
The Board of Public Safety is authorized to promulgate rules and regulations
necessary for the Georgia Bureau of Investigation and the Georgia Crime
Information Center to implement and carry out the provisions of this Code
section.
(q)
Law enforcement agencies, employees of law enforcement agencies, and state
officials shall be immune from liability for good faith conduct under this
article.
42-1-13.
(a)
The Sexual Offender Registration Review Board shall be composed of three
professionals licensed under Title 43 and knowledgeable in the field of the
behavior and treatment of sexual offenders; at least one representative from a
victimś
rights advocacy group or agency; and at least two representatives from law
enforcement, each of whom is either employed by a law enforcement agency as a
certified peace officer under Title 35 or retired from such employment. The
members of the board shall be appointed by the commissioner of human resources
for terms of four years. On and after July 1, 2006, successors to the members
of the board shall be appointed by the Governor. Members of the board shall
take office on the first day of September immediately following the expired term
of that office and shall serve for a term of four years and until the
appointment of their respective successors. No member shall serve on the board
more than two consecutive terms. Vacancies occurring on the board, other than
those caused by expiration of a term of office, shall be filled in the same
manner as the original appointment to the position vacated for the remainder of
the unexpired term and until a successor is appointed. Members shall be entitled
to an expense allowance and travel cost reimbursement the same as members of
certain other boards and commissions as provided in Code Section
45-7-21.
(b)
The board shall be attached to the Department of Human Resources for
administrative purposes and, provided there is adequate funding,
shall:
(1)
Exercise its quasi-judicial, rule-making, or policy-making functions
independently of the department and without approval or control of the
department;
(2)
Prepare its budget, if any, and submit its budgetary requests, if any, through
the department; and
(3)
Hire its own personnel if authorized by the Constitution of this state or by
statute or if the General Assembly provides or authorizes the expenditure of
funds therefor.
(c)
Members of the board shall be immune from liability for good faith conduct under
this article.
42-1-14.
(a)
The board shall determine the likelihood that a sexual offender will engage in
another crime against a victim who is a minor or a dangerous sexual offense.
The board shall make such determination for any sexual offender convicted on or
after July 1, 2006, of a criminal act against a minor or a dangerous sexual
offense and for any sexual offender incarcerated on July 1, 2006, but convicted
prior to July 1, 2006, of a criminal act against a minor. Such determination
shall not be required to be made by the board until January 1, 2007; provided,
however, that such persons shall be subject to this Code section. A sexual
offender shall be placed into Level I risk assessment classification, Level II
risk assessment classification, or sexually dangerous predator classification
based upon the
board́s
assessment criteria and information obtained and reviewed by the board. The
sexual offender may provide the board with information including, but not
limited to, psychological evaluations, sexual history polygraph information,
treatment history, personal, social, educational, and work history, and may
agree to submit to a psychosexual evaluation or sexual history polygraph
conducted by the board. If the sexual offender has undergone treatment through
the Department of Corrections, such treatment records shall also be submitted to
the board for evaluation. The prosecuting attorney shall provide the board with
any information available to assist the board in rendering an opinion,
including, but not limited to, criminal history and records related to previous
criminal history. On and after July 1, 2006, the clerk of court shall send a
copy of the sexual
offendeŕs
conviction to the board and notify the board that a sexual
offendeŕs
evaluation will need to be performed. The board shall render its recommendation
for risk assessment classification within:
(1)
Sixty days of receipt of a request for an evaluation if the sexual offender is
being sentenced pursuant to subsection (c) of Code Section
17-10-6.2;
(2)
Six months prior to the sexual
offendeŕs
proposed release from confinement if the offender is incarcerated;
and
(3)
Forty-five days of receipt of the required registration information if the
sexual offender has entered this state from another state and registered as a
sexual offender.
The
board shall send a copy of its risk assessment classification to the Department
of Corrections, sexual offender, and sentencing court, if
applicable.
(b)(1)
If the sexual offender has been sentenced pursuant to subsection (c) of Code
Section 17-10-6.2, after receiving a recommendation from the board that he or
she be classified as a sexually dangerous predator, the sexual offender may
request that the sentencing court set a date to conduct a hearing affording the
sexual offender the opportunity to present testimony or evidence relevant to the
recommended classification. After the hearing and within 60 days of receiving
the report, the court shall issue a ruling as to whether or not the sexual
offender shall be classified as a sexually dangerous predator. If the court
determines the sexual offender to be a sexually dangerous predator, such fact
shall be communicated in writing to the appropriate official, the Georgia Bureau
of Investigation, and the sheriff of the county where the sexual offender
resides.
(2)
If the sexual offender received a sentence of imprisonment and was sentenced for
a dangerous sexual offense on or after July 1, 2006, or if the sexual offender
is incarcerated on July 1, 2006, for a crime against a victim who is a minor,
after receiving a recommendation from the board that he or she be classified as
a sexually dangerous predator, the sexual offender may request that the
sentencing court set a date to conduct a hearing affording the sexual offender
the opportunity to present testimony or evidence relevant to the recommended
classification. After the hearing and within 60 days of receiving the report,
the court shall issue a ruling as to whether or not the sexual offender shall be
classified as a sexually dangerous predator. If the court determines the sexual
offender to be a sexually dangerous predator, such fact shall be communicated in
writing to the appropriate official, the Georgia Bureau of Investigation, and
the sheriff of the county where the sexual offender resides.
(c)
Any sexual offender who changes residence from another state or territory of the
United States to this state and who is not designated as a sexually dangerous
predator, sexual predator, or a sexually violent predator shall have his or her
required registration information forwarded by the sheriff of his or her county
of registration to the board for the purpose of risk assessment classification.
After receiving a recommendation from the board that he or she be classified as
a sexually dangerous predator, the sexual offender may, within 30 days after the
issuance of such classification, request a hearing before an administrative law
judge. Such hearing shall be conducted in accordance with Chapter 13 of Title
50, the 'Georgia Administrative Procedure Act.' The decision of the
administrative law judge shall constitute the final decision of the board
subject to the right of judicial review in accordance with Chapter 13 of Title
50. If the final determination is that the sexual offender is classified as a
sexually dangerous predator, such fact shall be communicated in writing to the
appropriate official, the Georgia Bureau of Investigation, and the sheriff of
the county where the sexual offender resides.
(d)
Any individual who was classified as a sexually violent predator prior to July
1, 2006, shall be classified as a sexually dangerous predator on and after July
1, 2006.
(e)
Any sexually dangerous predator shall be required to wear an electronic
monitoring system that shall have, at a minimum:
(1)
The capacity to locate and record the location of a sexually dangerous predator
by a link to a global positioning satellite system;
(2)
The capacity to timely report or record a sexually dangerous
predatoŕs
presence near or within a crime scene or in a prohibited area or the sexually
dangerous
predatoŕs
departure from specific geographic locations; and
(3)
An alarm that is automatically activated and broadcasts the sexually dangerous
predatoŕs
location if the global positioning satellite monitor is removed or tampered with
by anyone other than a law enforcement official designated to maintain and
remove or replace the equipment.
Such
electronic monitoring system shall be worn by a sexually dangerous predator for
the remainder of his or her natural life. The sexually dangerous predator shall
pay the cost of such system to the Department of Corrections if the sexually
dangerous predator is on probation; to the Board of Pardons and Paroles if the
sexually dangerous predator is on parole; and to the sheriff after the sexually
dangerous predator completes his or her term of probation and parole or if the
sexually dangerous predator has moved to this state from another state,
territory, or country. The electronic monitoring system shall be placed upon
the sexually dangerous predator prior to his or her release from confinement.
If the sexual offender is not in custody, within 72 hours of the decision
classifying the sexual offender as a sexually dangerous predator by the court in
accordance with subsection (b) of this Code section or a final decision pursuant
to subsection (c) of this Code section, whichever applies to the sexual
offendeŕs
situation, the sexually dangerous predator shall report to the sheriff of the
county of his or her residence for purposes of having the electronic monitoring
system placed on the sexually dangerous predator.
(f)
In addition to the requirements of registration for all sexual offenders, a
sexually dangerous predator shall report to the sheriff of the county where such
predator resides six months following his or her birth month and update or
verify his or her required registration information.
42-1-15.
(a)
No individual required to register pursuant to Code Section 42-1-12 shall reside
or loiter within 1,000 feet of any child care facility, church, school, or area
where minors congregate. Such distance shall be determined by measuring from
the outer boundary of the property on which the individual resides to the outer
boundary of the property of the child care facility, church, school, or area
where minors congregate at their closest points.
(b)(1)
No individual who is required to register under Code Section 42-1-12 shall be
employed by any child care facility, school, or church or by any business or
entity that is located within 1,000 feet of a child care facility, a school, or
a church.
(2)
No individual who is a sexually dangerous predator shall be employed by any
business or entity that is located within 1,000 feet of an area where minors
congregate.
(c)
Notwithstanding any ordinance or resolution adopted pursuant to Code Section
16-6-24 or subsection (d) of Code Section 16-11-24, it shall be unlawful for any
individual required to register pursuant to Code Section 42-1-12 to loiter, as
prohibited by Code Section 16-11-36, at any child care facility, school, or area
where minors congregate.
(d)
Any sexual offender who knowingly violates the provisions of this Code section
shall be guilty of a felony and shall be punished by imprisonment for not less
than ten nor more than 30 years.
(e)
Nothing in this Code section shall create, either directly or indirectly, any
civil cause of action against or result in criminal prosecution of any person,
firm, corporation, partnership, trust, or association other than an individual
required to be registered under Code Section
42-1-12."
SECTION
25.
Said
title is further amended by striking subsection (b) of Code Section 42-8-35,
relating to terms and conditions of probation, and inserting in lieu thereof the
following:
"(b)
In determining the terms and conditions of probation for a probationer who has
been convicted of a criminal offense against a victim who is a minor
or dangerous
sexual offense as
that phrase
is
those terms
are defined in
subparagraph
(a)(4)(B) of Code Section 42-1-12, the
court may provide that the probationer shall be:
(1)
Prohibited from entering or remaining present at a
victiḿs
school, place of employment, place of residence, or other specified place at
times when a victim is present or from
entering or
remaining present
loitering
in areas where minors congregate, child care facilities,
churches,
or schools as those terms are defined in
subsection
(a) of Code Section
42-1-13
42-1-12;
(2)
Required to wear a device capable of tracking the location of the probationer by
means including electronic surveillance or global positioning systems.
The
Unless the
probationer is indigent, the department
shall assess and collect fees from the probationer for such monitoring at levels
set by regulation by the department; and
(3)
Prohibited from seeking election to a
Local Board
of Education
local board of
education."
SECTION
26.
Said
title is further amended by striking Code Section 42-8-60, relating to probation
prior to adjudication of guilt, and inserting in lieu thereof the
following:
"42-8-60.
(a)
Upon a verdict or plea of guilty or a plea of nolo contendere, but before an
adjudication of guilt, in the case of a defendant who has not been previously
convicted of a felony, the court may, without entering a judgment of guilt and
with the consent of the defendant:
(1)
Defer further proceeding and place the defendant on probation as provided by
law; or
(2)
Sentence the defendant to a term of confinement as provided by law.
(b)
Upon violation by the defendant of the terms of probation, upon a conviction for
another crime during the period of probation, or upon the court determining that
the defendant is or was not eligible for sentencing under this article, the
court may enter an adjudication of guilt and proceed as otherwise provided by
law. No person may avail himself
or
herself of this article on more than one
occasion.
(c)
The court shall not sentence a defendant under the provisions of this article
and, if sentenced under the provisions of this article, shall not discharge the
defendant upon completion of the sentence unless the court has reviewed the
defendant́s
criminal record as such is on file with the Georgia Crime Information
Center.
(d)
The court shall not sentence a defendant under the provisions of this article
who has been found guilty of or entered a plea of guilty of a plea of nolo
contendere for:
(1)
A serious violent felony as such term is defined in Code Section
17-10-6.1;
(2)
A sexual offense as such term is defined in Code Section 17-10-6.2;
(3)
Sexual exploitation of a minor as defined in Code Section 16-12-100;
(4)
Electronically furnishing obscene material to a minor as defined in Code Section
16-12-100.1; or
(5)
Computer pornography and child exploitation, as defined in Code Section
16-12-100.2."
SECTION
27.
Said
title is further amended by striking subsections (b) and (c) of Code Section
42-9-39, relating to restrictions on relief for person serving a second life
sentence, and inserting new subsections (b) and (c) to read as
follows:
"(b)
Except as otherwise provided in subsection (b) of Code Section 17-10-7, when a
person is convicted of murder and sentenced to life imprisonment and such person
has previously been incarcerated under a life sentence, such person shall serve
at least
25
30
years in the penitentiary before being granted a pardon and before becoming
eligible for parole.
(c)
When a person receives consecutive life sentences as the result of offenses
occurring in the same series of acts and any one of the life sentences is
imposed for the crime of murder, such person shall serve consecutive
ten-year
30
year periods for each such sentence, up to
a maximum of
30
60
years, before being eligible for parole
consideration."
SECTION
28.
Said
title is further amended by striking in its entirety Code Section 42-9-44.1,
relating to conditions of parole for sexual offenders, and inserting in lieu
thereof the following:
"42-9-44.1.
(a)
As used in this Code section, the term 'sexual offense' means a violation of
Code Section 16-6-1, 16-6-2, 16-6-5.1, 16-6-22, or 16-6-22.2 when the victim was
under 18 years of age at the time of the commission of the offense or a
violation of Code Section 16-6-3, 16-6-4, or 16-6-5 when the victim was under 14
years of age at the time of the commission of the offense.
(b)(1)
The board shall adopt rules providing that with respect to any person who has
been convicted of a sexual offense, as a condition of parole, the offender shall
be ordered to give notice of his or her name and address, the crime for which he
or she was convicted, and the date of parole to:
(A)
The superintendent of the public school district where the offender will reside;
and
(B)
The sheriff of the county wherein the offender will reside.
(2)
The offender shall provide the notice and information required in paragraph (1)
of this subsection within ten days of the release on parole or within ten days
of setting up residency in the locale where the offender plans to have his or
her domicile.
(c)
Any sex offender who has been paroled and who moves his or her legal residence
from one county within this state to another county within this state shall be
required to provide the information and notice required in subsection (b) of
this Code section with respect to his or her new residence within ten days after
moving during the period of his or her parole.
(d)
Any person who fails to comply with the requirements of this Code section or who
provides false information shall, in the case of a person on parole, be in
violation of such
persońs
conditions of parole and shall be guilty of a misdemeanor.
(e)
It shall be the duty of the sheriff of each county within this state to maintain
a register of the names and addresses of all offenders providing information to
the sheriff under this Code section. Such register shall be open to public
inspection.
(f)
The requirement that a sex offender provide notice and information pursuant to
subsections (b) and (c) of this Code section shall terminate upon the
offendeŕs
satisfactory completion of his or her terms of
parole.
Reserved."
SECTION
29.
Said
title is further amended by striking in its entirety Code Section 42-9-44.2,
relating to chemical treatment and counseling as a condition of parole for child
molesters, and inserting in lieu thereof the following:
"42-9-44.2.
(a)
The Board of Pardons and Paroles may in the exercise of its discretion in
considering the grant of parole to a person who has been convicted of a second
or subsequent offense of child molestation of a child who was 16 years of age or
younger at the time of the offense or who has been convicted of a first offense
of aggravated child molestation of a child who was 16 years of age or younger at
the time of the offense require, as a condition of parole, that such person
undergo medroxyprogesterone acetate treatment or its chemical equivalent. While
undergoing such treatment, such person must participate in and pay for
counseling currently available from a private or public provider of outpatient
mental health services. No such treatment shall be administered until such
person has consented thereto in writing.
(b)
A person who is required to undergo medroxyprogesterone acetate treatment or its
chemical equivalent and counseling as a condition of parole shall begin such
treatment prior to his or her release from confinement in the state correctional
institution or other institution, but additional treatment may continue after
such
defendant́s
release on parole until the defendant demonstrates to the board that such
treatment is no longer necessary.
(c)
The provision of treatment required as a condition of parole shall be
administered by the State Board of Pardons and Paroles through licensed medical
personnel employed by the defendant and approved by the board. Any physician or
qualified mental health professional who acts in good faith in compliance with
the provisions of this Code section in the administration of treatment or
provision of counseling provided for in this Code section shall be immune from
civil or criminal liability for his or her actions in connection with such
treatment. The Department of Corrections shall permit access by such licensed
medical personnel for such purpose to any person required to begin the treatment
and counseling while confined in a facility of the department. The medical
personnel utilized or approved by the board shall be required to inform the
person about the effect of hormonal chemical treatment and any side effects that
may result from it. A person subject to treatment under this Code section shall
acknowledge in writing the receipt of this
information.
Reserved."
SECTION
30.
(a)
This Act shall become effective July 1,
2006.
(b) Any person required to register pursuant to the provisions of Code Section 42-1-12, relating to the state sexual offender registry, and any person required not to reside within areas where minors congregate, as prohibited by Code Section 42-1-13, shall not be relieved of the obligation to comply with the provisions of said Code sections by the repeal and reenactment of said Code sections.
(c) The provisions of this Act shall not affect or abate the status as a crime of any such act or omission which occurred prior to the effective date of the Act repealing, repealing and reenacting, or amending such law, nor shall the prosecution of such crime be abated as a result of such repeal, repeal and reenactment, or amendment.
(b) Any person required to register pursuant to the provisions of Code Section 42-1-12, relating to the state sexual offender registry, and any person required not to reside within areas where minors congregate, as prohibited by Code Section 42-1-13, shall not be relieved of the obligation to comply with the provisions of said Code sections by the repeal and reenactment of said Code sections.
(c) The provisions of this Act shall not affect or abate the status as a crime of any such act or omission which occurred prior to the effective date of the Act repealing, repealing and reenacting, or amending such law, nor shall the prosecution of such crime be abated as a result of such repeal, repeal and reenactment, or amendment.
SECTION
31.
All
laws and parts of laws in conflict with this Act are repealed.