09 LC
37 0813
Senate
Bill 91
By:
Senators Murphy of the 27th, Unterman of the 45th, Hawkins of the 49th, Hamrick
of the 30th, Thomas of the 54th and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 15 of Title 17 of the Official Code of Georgia Annotated, relating
to victim compensation, so as to provide for an adult entertainment surcharge;
to provide for definitions; 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.
Chapter
15 of Title 17 of the Official Code of Georgia Annotated, relating to victim
compensation, is amended by revising paragraph (3) of Code Section 17-15-2,
relating to definitions, to read as follows:
"(3)
'Crime' means:
(A)
An act which constitutes hit and run as defined in Code Section 40-6-270,
homicide by vehicle as defined in Code Section 40-6-393, serious injury by
vehicle as defined in Code Section 40-6-394, or any act which constitutes a
violent crime as defined by state or federal law which results in physical
injury or death to the victim and which is committed:
(i)
In this state;
(ii)
In a state which does not have a victims' compensation program, if the victim is
a resident of this state; or
(iii)
In a state which has compensated the victim in an amount less than the victim
would be entitled to pursuant to this chapter, if the victim is a resident of
this state;
(B)
An act which constitutes international terrorism as defined in 18 U.S.C. Section
2331 which results in physical injury or death to the victim, if the victim is a
resident of this state and is outside the territorial boundaries of the United
States when such act is committed;
or
(C)
An act of mass violence which results in physical injury or death to the victim,
if the victim is a resident of this state and is outside the territorial
boundaries of the United States when such act is
committed;
or
(D)
An act which constitutes pimping as defined in Code Section 16-6-11 and
pandering as defined in Code Section 16-6-12 of a
minor."
SECTION
2.
Said
title is further amended by adding a new Code section to read as
follows:
"17-15-15.
(a)
As used in this Code section, the term:
(1)
'Nude' means:
(A)
Entirely unclothed; or
(B)
Clothed in a manner that leaves uncovered or visible through less than fully
opaque clothing any portion of the breasts below the top of the areola of the
breasts, if the person is female, or any portion of the genitals or
buttocks.
(2)
'Sexually oriented business' means a nightclub, bar, restaurant, or similar
commercial enterprise that:
(A)
Provides for an audience of two or more individuals live nude entertainment or
live nude performances; and
(B)
Authorizes on-premises consumption of alcoholic beverages, regardless of whether
the consumption of alcoholic beverages is allowed under a license granted
pursuant to the Georgia Alcoholic Beverage Code.
(b)
A surcharge shall be imposed on a sexually oriented business in an amount equal
to $5.00 for each entry by each customer admitted to the business.
(c)
The sexually oriented business shall remit the surcharge to the state revenue
commissioner in the manner prescribed by the commissioner.
(d)
The state revenue commissioner shall deposit all amounts received from the
surcharge imposed under this Code section to the Fund. The commissioner shall
be authorized to promulgate any rules and regulations necessary to implement and
administer the provisions of this Code
section."
SECTION
3.
Said
title is further amended by adding a new Code section to read as
follows:
"17-15-16.
The
board shall be authorized to designate and expend moneys to provide residential
treatment facilities and programs to victims of the crime described in
subparagraph (D) of paragraph (3) of Code Section
17-15-2."
SECTION
4.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
5.
All
laws and parts of laws in conflict with this Act are repealed.