hb692_Sen_floor_sub_LC_25_4520S

hb692_Sen_floor_sub_LC_25_4520S_4.html

06 LC 25 4520S

Senators Goggans of the 7th and Smith of the 52nd offered the following substitute to HB 692:
WITHDRAWN

A BILL TO BE ENTITLED
AN ACT

To amend Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, so as to establish the Georgia Methamphetamine Offender Registry for the registration of persons convicted of certain offenses relating to methamphetamine; to provide a statement of purpose; to provide for definitions; to change certain provisions relating to terms and conditions of probation; to provide effective dates; to provide for applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended by adding a new Code section to read as follows:

"42-1-14.

(a) The purpose of this Code section is to reduce and prevent the operation of clandestine methamphetamine laboratories and the contamination of private property by such laboratories, especially in residential areas. The General Assembly recognizes that such laboratories pose a significant threat to the citizens of this state due to the lethal environmental hazard posed by the unregulated and illegal use of harmful chemicals involved in the unlawful production of methamphetamine. This Code section is a remedial law and shall be liberally construed to promote the public health, safety, and welfare.

(b) As used in this Code section, the term:

(1) 'Appropriate official' means:

(A) With respect to an 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 an 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 an offender who is placed on parole, the chairman of the State Board of Pardons and Paroles or his or her designee; and

(D) With respect to an offender who is placed on probation through a private probation agency, the director of the private probation agency or his or her designee.

(2) 'Bureau' means the Georgia Bureau of Investigation.

(3) 'Conviction' means 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 not be subject to the registration requirements of this Code section upon the defendant́s discharge.

(4) 'Registry' means the Georgia Methamphetamine Offender Registry maintained and administered by the bureau.

(c)(1) There is created under the authority and direction of the bureau the Georgia Methamphetamine Offender Registry for the registration of persons convicted of Code Section 16-13-31 where the conviction relates to the delivery, manufacture, sale, or trafficking of methamphetamine.

(2) The registry shall be maintained by the bureau and made available for public inquiry and review on the Internet.

(3) The registry entry for each person shall include: the persońs name, including any known aliases; the persońs date of birth; any offense or offenses listed in paragraph (1) of this subsection for which the person has been convicted; the date and county of each such conviction; the address listed on the persońs current driveŕs license, if any; a photograph taken at the time of arrest or release from incarceration; and, any other identifying data as determined by the bureau for the proper identification of the person but shall not include the persońs social security or driveŕs license numbers.

(4) Any person convicted of an offense listed in paragraph (1) of this subsection on or after July 1, 2006, and any person so convicted before July 1, 2006, who is released from prison or placed on parole, supervised release, or probation on or after July 1, 2006, shall be listed as an offender on the registry.

(5) For each offender required to register under this subsection, the appropriate official shall forward to the bureau a copy of the judgment of conviction and information relevant to the conviction which shall include the date of birth and any further information relevant to the conviction as determined by the bureau. Where an offender has more than one offense requiring registration, a copy of the conviction and other relevant information shall be sent for each such offense. The judgment of conviction and other information related thereto shall be provided to the bureau within 30 days of the date of conviction or, in the event the offender is incarcerated, within 30 days from the release from incarceration.

(6) The bureau shall remove from the registry the name and other identifying information of persons who are registered seven years following the entry of conviction or, in the event the offender is incarcerated, seven years following the release from incarceration."

SECTION 2.

Said title is further amended by striking subsection (a) of Code Section 42-8-35, relating to terms and conditions of probation, and inserting in lieu thereof the following:

"(a) The court shall determine the terms and conditions of probation and may provide that the probationer shall:

(1) Avoid injurious and vicious habits;

(2) Avoid persons or places of disreputable or harmful character;

(3) Report to the probation supervisor as directed;

(4) Permit the supervisor to visit the probationer at the probationeŕs home or elsewhere;

(5) Work faithfully at suitable employment insofar as may be possible;

(6) Remain within a specified location; provided, however, that the court shall not banish a probationer to any area within the state:

(A) That does not consist of at least one entire judicial circuit as described by Code Section 15-6-1; or

(B) In which any service or program in which the probationer must participate as a condition of probation is not available;

(7) Make reparation or restitution to any aggrieved person for the damage or loss caused by the probationeŕs offense, in an amount to be determined by the court. Unless otherwise provided by law, no reparation or restitution to any aggrieved person for the damage or loss caused by the probationeŕs offense shall be made if the amount is in dispute unless the same has been adjudicated;

(8) Make reparation or restitution as reimbursement to a municipality or county for the payment for medical care furnished the person while incarcerated pursuant to the provisions of Article 3 of Chapter 4 of this title. No reparation or restitution to a local governmental unit for the provision of medical care shall be made if the amount is in dispute unless the same has been adjudicated;

(9) Repay the costs incurred by any municipality or county for wrongful actions by an inmate covered under the provisions of paragraph (1) of subsection (a) of Code Section 42-4-71;

(10) Support the probationeŕs legal dependents to the best of the probationeŕs ability;

(11) Violate no local, state, or federal laws and be of general good behavior;

(12) If permitted to move or travel to another state, agree to waive extradition from any jurisdiction where the probationer may be found and not contest any effort by any jurisdiction to return the probationer to this state; and

(13) Submit to evaluations and testing relating to rehabilitation and participate in and successfully complete rehabilitative programming as directed by the department."

SECTION 3.

(a) Section 2, this section, and Section 4 of this Act shall become effective upon approval of this Act by the Governor or upon its becoming law without such approval and shall apply to terms and conditions of probation imposed on or after such date.
(b) Section 1 of this Act shall become effective on July 1, 2006.

SECTION 4.

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