09 LC 29
3886S
The House Committee on Judiciary Non-civil offers the following substitute
to
SB
157:
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 classification and registration of sexual offenders and
regulation of the conduct of such offenders, so as to revise provisions relating
to registration of sexual offenders; to change certain definitions; to provide
for registration and reporting by sexual offenders who do not have a residence
address; to change provisions relating to nonresidents moving to Georgia; to
change punishment provisions; to provide for other related matters; 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 classification and registration of sexual offenders and regulation of the
conduct of such offenders, is amended in Code Section 42-1-12, relating to the
State Sexual Offender Registry, by revising portions of subsection (a) as
follows:
Paragraph
(1) of subsection (a) is revised 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
homeless
does not constitute an
address."
Divisions
(a)(9)(A)(i) and (a)(9)(A)(ii) are revised as follows:
"(i)
Kidnapping of a minor, except by a parent,
when
accompanied by a sexual offense against a minor or an attempt to commit a sexual
offense against a minor;
(ii)
False imprisonment of a minor, except by a parent,
when
accompanied by a sexual offense against a minor or an attempt to commit a sexual
offense against a
minor;"
Divisions
(a)(9)(B)(i) and (a)(9)(B)(ii) are revised as follows:
"(i)
Kidnapping of a minor, except by a parent,
when
accompanied by a sexual offense against a minor or an attempt to commit a sexual
offense against a minor;
(ii)
False imprisonment of a minor, except by a parent,
when
accompanied by a sexual offense against a minor or an attempt to commit a sexual
offense against a
minor;"
Paragraph
(16) of subsection (a) is revised as follows:
"(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 manufacturer's 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;
(F.1)
If the place of residence is the status of homelessness, information as provided
under paragraph (2.1) of subsection (f) of this Code section;
(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;
(K)
E-mail
addresses,
and
usernames,
and user passwords; and
(L)
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."
SECTION
2.
Said
article is further amended by revising paragraph (6) of subsection (e) of Code
Section 42-1-12, relating to the State Sexual Offender Registry, as
follows:
"(6)
Is a nonresident
sexual
offender who changes residence from
another
state or territory of the United States
any other
place 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
or who has
been convicted in this state of a criminal offense against a victim who is a
minor or any dangerous sexual
offense;"
SECTION
3.
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 county in
which the sexual offender resides within 72 hours after the sexual offender's
release from prison or placement on parole, supervised release, probation, or
entry into this state;
(2.1)
In the case of a sexual offender whose place of residence is the status of
homelessness, in lieu of the requirements of paragraph (2) of this subsection,
register in person with the sheriff of the county in which the sexual offender
sleeps within 72 hours after the sexual offender's release from prison or
placement on parole, supervised release, probation, or entry into this state
and:
(A)
Provide the places where he or she sleeps, eats, and works and other places
which he or she frequents; and
(B)
Report every 72 hours in person to the sheriff of the county in which he or she
sleeps, during the sheriff's normal business hours, and update any changes in
the information required under subparagraph (A) of this paragraph;
(3)
Maintain the required registration information with the sheriff of
the
each
county in which the sexual offender resides
or
sleeps;
(4)
Renew the required registration information with the sheriff of the county in
which the sexual offender resides
or
sleeps by reporting
in
person to the sheriff within 72 hours
prior to such offender's 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.
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 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
such
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."
SECTION
4.
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 or sleeps within
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
one
nor more than
30
ten
years; provided, however, that upon the conviction of the second offense under
this subsection, the defendant shall be punished by
imprisonment
for life
not less than
five nor more than 20
years."
SECTION
5.
All
laws and parts of laws in conflict with this Act are repealed.