08 LC 29
3424S
The
House Committee on Judiciary Non-civil offers the following substitute to
SB 249:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 2 of Chapter 1 of Title 42 of the Official Code of Georgia
Annotated, relating to the Sexual Offender Registration Review Board, so as to
change certain definitions; to provide that sexual offenders be required to
register with the sheriff of any county where such offenders reside, are
employed, and are attending an institution of higher education in lieu of only
registering in their county of residence and having the sheriff for such county
be responsible for forwarding information about such offenders to the sheriffs
of the counties where such offenders are employed and attend an institution of
higher education; to require the Department of Corrections to forward certain
information to sheriffs; to change reporting requirements when a sexual offender
is incarcerated; to change provisions relating to the time frame a sheriff has
to update certain information; to remove annual registration fees; to change
certain penalty provisions; to provide a mechanism for certain elderly and
disabled sexual offenders to petition the superior court to be released from
certain residency requirements; to provide for related matters; to provide for
an effective date; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
2 of Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating
to the Sexual Offender Registration Review Board, is amended in Code Section
42-1-12, relating to the State Sexual Offender Registry, by revising paragraphs
(1), (3), and (6) of subsection (a) and subparagraph (a)(16)(C) as
follows:
"(1)
'Address' means the street or route address of the sexual offender´s
residence. For purposes of this Code section, the term
does
shall
not mean a post office box, and
being
homeless
does
or living in a
vehicle shall not constitute an
address."
"(3)
'Area where minors congregate' shall include all public and private parks and
recreation facilities, playgrounds, skating rinks, neighborhood centers,
gymnasiums, school bus stops,
public
libraries, and public and community
swimming pools."
"(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.
Such term
shall not include private, in-home child day care which is not licensed by this
state."
"(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
Reserved;"
SECTION
2.
Said
article is further amended in subsection (a) of Code Section 42-1-12, relating
to the State Sexual Offender Registry, by adding a new paragraph to read as
follows:
"(10.1)
'Day-care center' shall have the same meaning as set forth in paragraph (4) of
Code Section 20-1A-2."
SECTION
3.
Said
article is further amended in Code Section 42-1-12, relating to the State Sexual
Offender Registry, by revising paragraphs (1), (3), and (8) of subsection (b) as
follows:
"(1)
Inform the sexual offender of the obligation to
register,
the amount of the registration fee, and
how to maintain registration;"
"(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.
If the information is the sexual
offender´s new residence address, the sexual offender shall give
the
information
regarding the
sexual offender´s new residence
address to the sheriff of the county with
whom the sexual offender last registered
and to the
sheriff of the county to which the sexual offender is
moving within 72 hours prior to moving
and.
The sexual offender shall give information regarding a change in employment
location or a change in attendance at an institution of higher
education to the sheriff of
the
each
county to which the sexual offender is
moving
changing
employment location or changing attendance at an institution of higher
education within 72 hours after
the
such
change of information;"
"(8)
At least 15
days prior to such release, obtain
Obtain
and forward any information obtained from the clerk of court pursuant to Code
Section 42-5-50 to the sheriff´s office of the county in which the sexual
offender will reside; and"
SECTION
4.
Said
article is further amended in Code Section 42-1-12, relating to the State Sexual
Offender Registry, by revising paragraph (3) of subsection (c) as
follows:
"(3)
Forward the
sexual offender´s fingerprints and
photograph
At least 15
days prior to the sexual offender´s release from prison, placement on
parole or supervised release, or three business days after a sexual
offender´s placement on probation, the following information shall be
forwarded to the sheriff´s office of
the county where the sexual offender is going to
reside:
(A)
The sexual offender´s fingerprints and photograph;
(B)
The sexual offender´s crime of conviction, including conviction date and
the jurisdiction of the conviction; and
(C)
The sexual offender´s
address;"
SECTION
5.
Said
article is further amended in Code Section 42-1-12, relating to the State Sexual
Offender Registry, by revising subsection (f) as follows:
"(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 in
person with the sheriff of
the
each
county in which the sexual offender
resides, is
employed, and attends an institution of higher
education within 72 hours after the sexual
offender´s 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
each
county in which the sexual offender
resides, is
employed, and attends an institution of higher
education;
(4)
Renew the required registration information with the sheriff of
the
each
county in which the sexual offender
resides, is
employed, and attends an institution of higher
education by reporting
in
person to the sheriff within 72 hours
prior to such offender´s birthday each year to be photographed
and
fingerprinted;
provided, however, that such offender shall only be photographed in the county
where such offender resides;
(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.
If the information is the sexual
offender´s new residence address, the sexual offender shall give the
information
regarding the
sexual offender´s new residence
address to the sheriff of the county with
whom the sexual offender last registered
and to the
sheriff of the county to which the sexual offender is
moving within 72 hours prior to any change
of residence address
and.
The sexual offender shall give information regarding a change in employment
location or a change in attendance at an institution of higher
education to the sheriff of
the
each
county to which the sexual offender is moving within 72 hours after establishing
the
such
new
residence
place of
employment or attendance at an institution of higher
education;
and
(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
excluding
ensuing periods of incarceration."
SECTION
6.
Said
article is further amended in Code Section 42-1-12, relating to the State Sexual
Offender Registry, by revising paragraphs (1), (3), (4), (6), (12), (13), and
(14) of subsection (i) as follows:
"(1)
Prepare and maintain a list of all sexual offenders and sexually dangerous
predators
residing,
working, and attending an institution of higher
education in each county. Such list shall
include the sexual offender´s 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;"
"(3)
Maintain
and
post a list of every sexual offender
residing,
working, and attending an institution of higher
education in each county
and
electronically submit and update such list for
posting:
(A)
In the sheriff´s 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
five
business days;"
"(6)
Update the list of sexual offenders
residing,
working, and attending an institution of higher
education in the county upon receipt of
new information affecting the residence
address,
employment, and attendance at an institution of higher
education of a sexual offender or upon the
registration of a sexual offender moving into the
county,
gaining employment in the county, becoming enrolled in an institution of higher
education in the county, or 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,
physically or
electronically, 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;"
"(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;
and
(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 sheriff´s
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."
SECTION
7.
Said
article is further amended in Code Section 42-1-12, relating to the State Sexual
Offender Registry, by revising paragraph (1) of subsection (j) as
follows:
"(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
sheriff´s office of the county or counties where the sexual offender is
employed, volunteers, attends an institution of higher education, or
moves."
SECTION
8.
Said
article is further amended in Code Section 42-1-12, relating to the State Sexual
Offender Registry, by revising subsection (n) as follows:
"(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
of the county
where he or she resides, is employed, and is attending an institution of higher
education 72 hours
of
prior
to such individual´s
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."
SECTION
9.
Said
article is further amended by adding a new Code section to read as
follows:
"42-1-16.
A
superior court may issue an order releasing an individual from any residency
requirements of this article if the individual or someone acting on behalf of
the individual petitions the superior court of the jurisdiction in which such
individual resides to be released from the residency requirements of this
article, the court finds by a preponderance of the evidence that the individual
does not pose a substantial risk of perpetrating any future dangerous sexual
offense, and the individual:
(1)
Resides in a hospice facility, skilled nursing home, residential care facility
for the elderly, or nursing home;
(2)
Is totally and permanently disabled as such term is defined in Code Section
49-4-80; or
(3)
Is otherwise seriously physically incapacitated due to illness or
injury."
SECTION
10.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
11.
All
laws and parts of laws in conflict with this Act are repealed.