HB 377 - Child Protection Act of 1995

Georgia House of Representatives - 1995/1996 Sessions

HB 377 - Child Protection Act of 1995

Page Numbers - 1/ 2/ 3/ 4
Code Sections - 16-5-70/ 16-6-4
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1. Towery  30th           2. Coker  31st             3. Trense  44th
4. Davis  48th            5. Pelote  149th           6. Brooks  54th

House Comm: PubS / Senate Comm: Judy / House Vote: Yeas 164 Nays 0 Senate Vote: Yeas 49 Nays 0 ---------------------------------------- House Action Senate ---------------------------------------- 1/25/95 Read 1st Time 2/7/95 1/26/95 Read 2nd Time 3/13/95 2/2/95 Favorably Reported 3/13/95 Committee Amend/Sub Sub 2/6/95 Read 3rd Time 3/14/95 2/6/95 Passed/Adopted 3/14/95 FA Comm/Floor Amend/Sub CS 3/15/95 Amend/Sub Agreed To 3/31/95 Sent to Governor 4/19/95 Signed by Governor 433 Act/Veto Number 7/1/95 Effective Date ---------------------------------------- Code Sections amended: 16-5-70, 16-6-3, 16-6-4, 16-6-5, 16-12-100
HB 377 HB 377/AP H. B. No. 377 (AS PASSED HOUSE AND SENATE) By: Representatives Towery of the 30th, Coker of the 31st, Trense of the 44th, Davis of the 48th, Pelote of the 149th and others A BILL TO BE ENTITLED AN ACT 1- 1 To amend Title 16 of the Official Code of Georgia Annotated, 1- 2 relating to criminal offenses, so as to provide for a short 1- 3 title; to increase the minimum periods of incarceration for 1- 4 cruelty to children, child molestation, and aggravated child 1- 5 molestation; to change the definitions of the offenses of 1- 6 statutory rape, child molestation, and enticing a child for 1- 7 indecent purposes; to eliminate the possibility of probation 1- 8 of the sentence of a first time offender; to change the 1- 9 minimum age for offenses of child molestation; to increase 1-10 the penalties for sexual exploitation of children; to 1-11 provide for related matters; to repeal conflicting laws; and 1-12 for other purposes. 1-13 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. 1-14 This Act shall be known and may be cited as the "Child 1-15 Protection Act of 1995." SECTION 2. 1-16 Title 16 of the Official Code of Georgia Annotated, relating 1-17 to criminal offenses, is amended by striking Code Section 1-18 16-5-70, relating to cruelty to children, in its entirety 1-19 and inserting in lieu thereof the following: 1-20 "16-5-70. (Index) 1-21 (a) A parent, guardian, or other person supervising the 1-22 welfare of or having immediate charge or custody of a 1-23 child under the age of 18 commits the offense of cruelty 1-24 to children when he such person willfully deprives the 1-25 child of necessary sustenance to the extent that the 1-26 child's health or well-being is jeopardized. 1-27 (b) Any person commits the offense of cruelty to children 1-28 when he such person maliciously causes a child under the 1-29 age of 18 cruel or excessive physical or mental pain. H. B. No. 377 -1- (Index) HB 377/AP 2- 1 (c) A person convicted of the offense of cruelty to 2- 2 children as provided in this Code section shall be 2- 3 punished by imprisonment for not less than one five nor 2- 4 more than 20 years." SECTION 3. 2- 5 Said title is further amended by striking in its entirety 2- 6 Code Section 16-6-3, relating to the offense of statutory 2- 7 rape, and inserting in lieu thereof a new Code Section to 2- 8 read as follows: 2- 9 "(a) A person commits the offense of statutory rape when 2-10 he or she engages in sexual intercourse with any female 2-11 person under the age of 14 16 years and not his or her 2-12 spouse, provided that no conviction shall be had for this 2-13 offense on the unsupported testimony of the female victim. 2-14 (b) A person convicted of the offense of statutory rape 2-15 shall be punished by imprisonment for not less than one 2-16 nor more than 20 years; provided, however, that if the 2-17 victim is 14 or 15 years of age and the person so 2-18 convicted is no more than three years older than the 2-19 victim, such person may, in the discretion of the court, 2-20 be punished as for a misdemeanor." SECTION 4. 2-21 Said title is further amended by striking Code Section 2-22 16-6-4, relating to child molestation and aggravated child 2-23 molestation, in its entirety and inserting in lieu thereof 2-24 the following: 2-25 "16-6-4. (Index) 2-26 (a) A person commits the offense of child molestation when 2-27 he or she does any immoral or indecent act to or in the 2-28 presence of or with any child under the age of 14 16 years 2-29 with the intent to arouse or satisfy the sexual desires of 2-30 either the child or the person. 2-31 (b) A person convicted of a first offense of child 2-32 molestation shall be punished by imprisonment for not less 2-33 than one five nor more than 20 years. Upon such first 2-34 conviction of the offense of child molestation, the judge 2-35 may probate the sentence; and such probation may be upon 2-36 the special condition that the defendant undergo a 2-37 mandatory period of counseling administered by a licensed 2-38 psychiatrist or a licensed psychologist. However, if the 2-39 judge finds that such probation should not be imposed, he H. B. No. 377 -2- (Index) HB 377/AP 3- 1 or she shall sentence the defendant to imprisonment; 3- 2 provided, further, that upon a defendant's being 3- 3 incarcerated on a conviction for such first offense, the 3- 4 Department of Corrections shall provide counseling to such 3- 5 defendant. Upon a second or subsequent conviction of an 3- 6 offense of child molestation, the defendant shall be 3- 7 punished by imprisonment for not less than five ten years 3- 8 nor more than 30 years or by imprisonment for life; 3- 9 provided, however, that prior to trial, a defendant shall 3-10 be given notice, in writing, that the state intends to 3-11 seek a punishment of life imprisonment. Adjudication of 3-12 guilt or imposition of sentence for a conviction of a 3-13 second or subsequent offense of child molestation, 3-14 including a plea of nolo contendere, shall not be 3-15 suspended, probated, deferred, or withheld. 3-16 (c) A person commits the offense of aggravated child 3-17 molestation when he such person commits an offense of 3-18 child molestation which act physically injures the child 3-19 or involves an act of sodomy. 3-20 (d) A person convicted of the offense of aggravated child 3-21 molestation shall be punished by imprisonment for not less 3-22 than ten nor more than 30 years. Any person convicted 3-23 under this Code section of the offense of aggravated child 3-24 molestation shall, in addition, be subject to the 3-25 sentencing and punishment provisions of Code Sections 3-26 17-10-6.1 and 17-10-7." SECTION 5. 3-27 Said chapter is further amended by striking in its entirety 3-28 subsection (a) of Code Section 16-6-5, relating to the 3-29 offense of enticing a child for indecent purposes, and 3-30 inserting in lieu thereof a new subsection to read as 3-31 follows: 3-32 "(a) A person commits the offense of enticing a child for 3-33 indecent purposes when he or she solicits, entices, or 3-34 takes any child under the age of 14 16 years to any place 3-35 whatsoever for the purpose of child molestation or 3-36 indecent acts." SECTION 6. 3-37 Said title is further amended by striking subsection (g) of 3-38 Code Section 16-12-100, relating to sexual exploitation of 3-39 children, in its entirety and inserting in lieu thereof a 3-40 new subsection (g) to read as follows: H. B. No. 377 -3- (Index) HB 377/AP 4- 1 "(g)(1) Except as otherwise provided in paragraphs (2) 4- 2 and (3) of this subsection, any person who violates a 4- 3 provision of this Code section shall be guilty of a 4- 4 felony and, upon conviction thereof, shall be punished 4- 5 by imprisonment for not less than one year five years 4- 6 nor more than 20 years or and by a fine of not more than 4- 7 $100,000.00, or both. In the event, however, that the 4- 8 person so convicted is a member of the immediate family 4- 9 of the victim, no fine shall be imposed. 4-10 (2) Any person who violates paragraph (8) of subsection 4-11 (b) of this Code section shall be guilty of a 4-12 misdemeanor. 4-13 (3) Any person who violates subsection (c) of this Code 4-14 section shall be guilty of a misdemeanor." SECTION 7. 4-15 All laws and parts of laws in conflict with this Act are 4-16 repealed. H. B. No. 377 -4- (Index)

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