| HB 1613 - Sexual offenses; revise exten- sively; aggravated sexual assault |
First Reader Summary
A BILL to revise extensively the criminal laws and criminal
procedure laws relating to sexual offenses; to amend Titles 9,
15, 16, 17, 31, and 42 of the Official Code of Georgia Annotated,
relating to civil practice, courts, crimes, criminal procedures,
health, and penal institutions, respectively, so as to create the
offense of aggravated sexual assault and provide for a penalty;
and for other purposes.
HB 1613 LC 22 4000
A BILL TO BE ENTITLED
AN ACT
1- 1 To revise extensively the criminal laws and criminal
1- 2 procedure laws relating to sexual offenses; to amend Titles
1- 3 9, 15, 16, 17, 31, and 42 of the Official Code of Georgia
1- 4 Annotated, relating to civil practice, courts, crimes,
1- 5 criminal procedures, health, and penal institutions,
1- 6 respectively, so as to create the offense of aggravated
1- 7 sexual assault and provide for a penalty; to provide for a
1- 8 period of limitation for certain civil actions involving
1- 9 aggravated sexual assault and a delayed beginning for a
1-10 period of limitation for certain prosecutions for aggravated
1-11 sexual assault; to provide that such offense shall
1-12 constitute a designated felony in juvenile court; to
1-13 prohibit certain child, family, or group care facility
1-14 operators from employing or allowing to reside on the
1-15 premises any person with a criminal violation for aggravated
1-16 sexual assault; to change the definition of pattern of
1-17 criminal gang activity to include offenses of aggravated
1-18 sexual assault; to provide that aggravated sexual assault is
1-19 bailable before a superior court and to prohibit appeal bond
1-20 of persons convicted of aggravated sexual assault; to
1-21 prohibit persons convicted of aggravated sexual assault from
1-22 being allowed to surrender voluntarily; to change the
1-23 definitions of AIDS transmitting crime and sexually violent
1-24 offense to include aggravated sexual assault; to change the
1-25 definition of dangerous offender to include persons
1-26 convicted of aggravated sexual assault or aggravated sexual
1-27 battery; to provide that an inmate serving a sentence for
1-28 aggravated sexual assault shall not be released on parole
1-29 for the purpose of regulating prison or jail populations;
1-30 to redefine the offense of aggravated assault; to provide
1-31 for related matters; to provide for applicability; to
1-32 provide for an effective date; to repeal conflicting laws;
1-33 and for other purposes.
1-34 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
-1-
2- 1 SECTION 1.
2- 2 Article 2 of Chapter 3 of Title 9 of the Official Code of
2- 3 Georgia Annotated, relating to specific periods of
2- 4 limitations applicable in certain civil actions, is amended
2- 5 by inserting a new Code section to be designated Code
2- 6 Section 9-3-33.2 to read as follows:
2- 7 "9-3-33.2.
2- 8 As used in Code Section 9-3-33.1, the term 'childhood
2- 9 sexual abuse' shall also mean any act committed by the
2-10 defendant against the plaintiff which act occurred when
2-11 the plaintiff was under the age of 18 years and which act
2-12 would have been proscribed by Code Section 16-6-3.1,
2-13 relating to aggravated sexual assault."
2-14 SECTION 2.
2-15 Article 1 of Chapter 11 of Title 15 of the Official Code of
2-16 Georgia Annotated, relating to juvenile proceedings, is
2-17 amended by striking in Code Section 15-11-37, relating to
2-18 designated felonies, paragraph (2) of subsection (a) and
2-19 inserting in lieu thereof the following:
2-20 "(2) 'Designated felony act' means an act which:
2-21 (A) Constitutes a second or subsequent offense under
2-22 subsection (b) of Code Section 16-11-132 if committed
2-23 by a person 13 to 17 years of age;
2-24 (B) If done by an adult, would be one or more of the
2-25 following crimes:
2-26 (i) Kidnapping or arson in the first degree, if done
2-27 by a juvenile 13 or more years of age;
2-28 (ii) Aggravated assault, arson in the second degree,
2-29 aggravated battery, robbery, armed robbery not
2-30 involving a firearm, or battery in violation of Code
2-31 Section 16-5-23.1 if the victim is a teacher or
2-32 other school personnel, if done by a juvenile 13 or
2-33 more years of age;
2-34 (iii) Attempted murder or attempted kidnapping, if
2-35 done by a juvenile 13 or more years of age;
2-36 (iv) The carrying or possession of a weapon in
2-37 violation of subsection (b) of Code Section
2-38 16-11-127.1;
-2-
3- 1 (v) Hijacking a motor vehicle, if done by a juvenile
3- 2 13 or more years of age;
3- 3 (vi) Any violation of Code Section 16-6-3.1,
3- 4 16-7-82, 16-7-84, or 16-7-86 if done by a juvenile
3- 5 13 or more years of age;
3- 6 (vii) Any other act which, if done by an adult,
3- 7 would be a felony, if the juvenile committing the
3- 8 act has three times previously been adjudicated
3- 9 delinquent for acts which, if done by an adult,
3-10 would have been felonies;
3-11 (viii) Any violation of Code Section 16-13-31,
3-12 relating to trafficking in cocaine, illegal drugs,
3-13 marijuana, or methamphetamine;
3-14 (ix) Any criminal violation of Code Section 16-14-4,
3-15 relating to racketeering; or
3-16 (x) Any violation of Code Section 16-10-52, relating
3-17 to escape, if the juvenile involved in the
3-18 commission of such act has been previously
3-19 adjudicated to have committed a designated felony;
3-20 (C) Constitutes a second or subsequent adjudication of
3-21 delinquency based upon a violation of Code Section
3-22 16-7-85 or 16-7-87;
3-23 (C.1) Constitutes any violation of Code Section
3-24 16-15-4, relating to criminal street gangs;
3-25 (D) Constitutes an offense within the exclusive
3-26 jurisdiction of the superior court pursuant to
3-27 subparagraph (b)(2)(A) of Code Section 15-11-5 which
3-28 is transferred by the superior court to the juvenile
3-29 court for adjudication pursuant to subparagraph
3-30 (b)(2)(B) of Code Section 15-11-5 or which is
3-31 transferred by the district attorney to the juvenile
3-32 court for adjudication pursuant to subparagraph
3-33 (b)(2)(C) of Code Section 15-11-5; or
3-34 (E) Constitutes a second or subsequent violation of
3-35 Code Sections 16-8-2 through 16-8-9, relating to
3-36 theft, if the property which was the subject of the
3-37 theft was a motor vehicle."
3-38 SECTION 3.
3-39 Chapter 5 of Title 16 of the Official Code of Georgia
3-40 Annotated, relating to crimes against the person, is amended
-3-
4- 1 in Code Section 16-5-21, relating to aggravated assault, is
4- 2 amended by striking subsection (a) and inserting in lieu
4- 3 thereof the following:
4- 4 "(a) A person commits the offense of aggravated assault
4- 5 when he or she assaults:
4- 6 (1) With intent to murder, to rape, or to rob;
4- 7 (2) With a deadly weapon or with any object, device, or
4- 8 instrument which, when used offensively against a
4- 9 person, is likely to or actually does result in serious
4-10 bodily injury; or
4-11 (3) A person or persons without legal justification by
4-12 discharging a firearm from within a motor vehicle toward
4-13 a person or persons."
4-14 SECTION 4.
4-15 Said chapter is further amended by inserting after Code
4-16 Section 16-6-3 a new Code section to be designated Code
4-17 Section 16-6-3.1 to read as follows:
4-18 "16-6-3.1.
4-19 (a) A person commits the offense of aggravated sexual
4-20 assault when:
4-21 (1) He or she assaults another with the intent to commit
4-22 rape, aggravated sodomy, or aggravated sexual battery;
4-23 or
4-24 (2) He or she has carnal knowledge of another person
4-25 without the other person's consent. Carnal knowledge
4-26 under this Code section occurs when there is any
4-27 penetration of the female sex organ by the male sex
4-28 organ.
4-29 (b) A person convicted of aggravated sexual assault shall
4-30 be punished by imprisonment for not less than five nor
4-31 more than 20 years."
4-32 SECTION 5.
4-33 Chapter 12 of Title 16 of the Official Code of Georgia
4-34 Annotated, relating to offenses against public health or
4-35 morals, is amended in Code Section 16-12-1.1, relating to
4-36 prohibiting certain child, family, or group care facility
4-37 operators from employing or allowing to reside or be
4-38 domiciled persons with certain past criminal violations, by
-4-
5- 1 striking subsection (b) and inserting in lieu thereof the
5- 2 following:
5- 3 "(b) It shall be unlawful for any operator of a facility
5- 4 to knowingly have any person reside at, be domiciled at,
5- 5 or be employed at any such facility if such person has
5- 6 been convicted of or has entered a plea of guilty or nolo
5- 7 contendere to or has been adjudicated a delinquent for:
5- 8 (1) A violation of Code Section 16-4-1, relating to
5- 9 criminal attempt, when the crime attempted is any of the
5-10 crimes specified in paragraphs (2) through (10) (11) of
5-11 this subsection;
5-12 (2) A violation of Code Section 16-5-23.1, relating to
5-13 battery, when the victim at the time of such offense was
5-14 a minor;
5-15 (3) A violation of any provision of Chapter 6 of this
5-16 title, relating to sexual offenses, when the victim at
5-17 the time of such offense was a minor;
5-18 (4) A violation of Code Section 16-12-1, relating to
5-19 contributing to the delinquency of a minor;
5-20 (5) A violation of Code Section 16-5-1, relating to
5-21 murder;
5-22 (6) A violation of Code Section 16-5-2, relating to
5-23 voluntary manslaughter;
5-24 (7) A violation of Code Section 16-6-2, relating to
5-25 aggravated sodomy;
5-26 (8) A violation of Code Section 16-6-3, relating to
5-27 rape;
5-28 (9) A violation of Code Section 16-6-3.1, relating to
5-29 aggravated sexual assault;
5-30 (9)(10) A violation of Code Section 16-6-22.2, relating
5-31 to aggravated sexual battery; or
5-32 (10)(11) A violation of Code Section 16-8-41, relating
5-33 to armed robbery, if committed with a firearm."
5-34 SECTION 6.
5-35 Chapter 15 of Title 16 of the Official Code of Georgia
5-36 Annotated, relating to street gang terrorism prevention, is
5-37 amended in Code Section 16-15-3, relating to definitions
5-38 relative to the "Georgia Street Gangs Terrorism and
-5-
6- 1 Prevention Act" by striking subparagraph (C) of paragraph
6- 2 (2) and inserting in lieu thereof the following:
6- 3 "(C) Any offense defined in Code Section 16-6-1 as
6- 4 rape, 16-6-2 as aggravated sodomy, 16-6-3 as statutory
6- 5 rape, 16-6-3.1 as aggravated sexual assault, or
6- 6 16-6-22.2 as aggravated sexual battery;"
6- 7 SECTION 7.
6- 8 Code Section 17-3-2.1 of the Official Code of Georgia
6- 9 Annotated, relating to limitation on prosecution of certain
6-10 offenses involving a victim under 16 years of age, is
6-11 amended by striking subsection (a) and inserting in lieu
6-12 thereof the following:
6-13 "(a) If the victim of a violation of:
6-14 (1) Code Section 16-5-70, relating to cruelty to
6-15 children;
6-16 (2) Code Section 16-6-1, relating to rape;
6-17 (3) Code Section 16-6-2, relating to sodomy and
6-18 aggravated sodomy;
6-19 (4) Code Section 16-6-3, relating to statutory rape;
6-20 (5) Code Section 16-6-3.1, relating to aggravated sexual
6-21 assault;
6-22 (5)(6) Code Section 16-6-4, relating to child
6-23 molestation and aggravated child molestation;
6-24 (6)(7) Code Section 16-6-5, relating to enticing a child
6-25 for indecent purposes; or
6-26 (7)(8) Code Section 16-6-22, relating to incest,
6-27 is under 16 years of age on the date of the violation, the
6-28 applicable period within which a prosecution must be
6-29 commenced under Code Section 17-3-1 or other applicable
6-30 statute shall not begin to run until the victim has
6-31 reached the age of 16 or the violation is reported to a
6-32 law enforcement agency, prosecuting attorney, or other
6-33 governmental agency, whichever occurs earlier. Such law
6-34 enforcement agency or other governmental agency shall
6-35 promptly report such allegation to the appropriate
6-36 prosecuting attorney."
-6-
7- 1 SECTION 8.
7- 2 Article 1 of Chapter 6 of Title 17 of the Official Code of
7- 3 Georgia Annotated, relating to general provisions relative
7- 4 to bail, is amended in Code Section 17-6-1, relating to
7- 5 where offenses are bailable, by striking subsections (a) and
7- 6 (g) and inserting in lieu thereof the following:
7- 7 "(a) The following offenses are bailable only before a
7- 8 judge of the superior court:
7- 9 (1) Treason;
7-10 (2) Murder;
7-11 (3) Rape;
7-12 (4) Aggravated sodomy;
7-13 (5) Armed robbery;
7-14 (6) Aircraft hijacking and hijacking a motor vehicle;
7-15 (7) Aggravated child molestation;
7-16 (8) Aggravated sexual battery;
7-17 (9) Aggravated sexual assault;
7-18 (9)(10) Manufacturing, distributing, delivering,
7-19 dispensing, administering, or selling any controlled
7-20 substance classified under Code Section 16-13-25 as
7-21 Schedule I or under Code Section 16-13-26 as Schedule
7-22 II;
7-23 (10)(11) Violating Code Section 16-13-31, relating to
7-24 trafficking in cocaine or marijuana;
7-25 (11)(12) Kidnapping, arson, aggravated assault, or
7-26 burglary if the person, at the time of the alleged
7-27 kidnapping, arson, aggravated assault, or burglary, had
7-28 previously been convicted of, was on probation or parole
7-29 with respect to, or was on bail for kidnapping, arson,
7-30 aggravated assault, burglary, or one or more of the
7-31 offenses listed in paragraphs (1) through (10) (11) of
7-32 this subsection; and
7-33 (12)(13) Aggravated stalking."
7-34 "(g) No appeal bond shall be granted to any person who has
7-35 been convicted of murder, rape, aggravated sodomy,
7-36 aggravated sexual assault, armed robbery, aggravated child
7-37 molestation, kidnapping, trafficking in cocaine or
7-38 marijuana, aggravated stalking, or aircraft hijacking and
-7-
8- 1 who has been sentenced to serve a period of incarceration
8- 2 of seven years or more. The granting of an appeal bond to
8- 3 a person who has been convicted of any other felony
8- 4 offense or of any misdemeanor offense involving an act of
8- 5 family violence as defined in Code Section 19-13-1, or of
8- 6 any offense delineated as a high and aggravated
8- 7 misdemeanor or of any offense set forth in Code Section
8- 8 40-6-391, shall be in the discretion of the convicting
8- 9 court. Appeal bonds shall terminate when the right of
8-10 appeal terminates, and such bonds shall not be effective
8-11 as to any petition or application for writ of certiorari
8-12 unless the court in which the petition or application is
8-13 filed so specifies."
8-14 SECTION 9.
8-15 Article 1 of Chapter 10 of Title 17 of the Official Code of
8-16 Georgia Annotated, relating to procedures for sentencing, is
8-17 amended in Code Section 17-10-9.1, relating to the voluntary
8-18 surrender of certain defendants, by striking subsection (a)
8-19 and inserting in lieu thereof the following:
8-20 "(a) When a defendant who pleads nolo contendere or guilty
8-21 or is convicted of an offense against the laws of this
8-22 state other than:
8-23 (1) Treason;
8-24 (2) Murder;
8-25 (3) Rape;
8-26 (4) Aggravated sodomy;
8-27 (5) Aggravated sexual assault;
8-28 (5)(6) Armed robbery;
8-29 (6)(7) Aircraft hijacking and hijacking of a motor
8-30 vehicle;
8-31 (7)(8) Aggravated child molestation;
8-32 (8)(9) Manufacturing, distributing, delivering,
8-33 dispensing, administering, selling, or possessing with
8-34 intent to distribute any controlled substance classified
8-35 under Code Section 16-13-25 as Schedule I or under Code
8-36 Section 16-13-26 as Schedule II;
8-37 (9)(10) Violating Code Section 16-13-31, relating to
8-38 trafficking in cocaine or marijuana;
-8-
9- 1 (10)(11) Kidnapping, arson, or burglary if the person,
9- 2 at the time such person was charged, has previously been
9- 3 convicted of, was on probation or parole with respect
9- 4 to, or was on bail for kidnapping, arson, aggravated
9- 5 assault, burglary, or one or more of the offenses listed
9- 6 in paragraphs (1) through (9)(10) of this subsection;
9- 7 (11)(12) Child molestation;
9- 8 (12)(13) Robbery;
9- 9 (13)(14) Aggravated assault; or
9-10 (14)(15) Voluntary manslaughter
9-11 is sentenced to a term of confinement in a county jail or
9-12 a correctional institution operated by or under the
9-13 jurisdiction and supervision of the Department of
9-14 Corrections, the sentencing judge may release the
9-15 defendant pending the defendant's surrendering to a county
9-16 jail or to a correctional institution designated by the
9-17 Department of Corrections as authorized in this Code
9-18 section. The sentencing court may release the defendant
9-19 on bond or may release the defendant on the defendant's
9-20 personal recognizance. This Code section shall not be
9-21 construed to limit the court's authority in prescribing
9-22 conditions of probation."
9-23 SECTION 10.
9-24 Code Section 31-22-9.1 of the Official Code of Georgia
9-25 Annotated, relating to performance of HIV tests, is amended
9-26 by striking paragraph (3) of subsection (a) and inserting in
9-27 lieu thereof the following:
9-28 "(3) 'AIDS transmitting crime' means any of the
9-29 following offenses specified in Title 16:
9-30 (A) Rape;
9-31 (B) Sodomy;
9-32 (C) Aggravated sodomy;
9-33 (D) Child molestation;
9-34 (E) Aggravated child molestation;
9-35 (F) Prostitution;
9-36 (G) Solicitation of sodomy;
9-37 (H) Incest;
-9-
10- 1 (I) Aggravated sexual assault;
10- 2 (I)(J) Statutory rape; or
10- 3 (J)(K) Any offense involving a violation of Article 2
10- 4 of Chapter 13 of Title 16, regarding controlled
10- 5 substances, if that offense involves heroin, cocaine,
10- 6 derivatives of either, or any other controlled
10- 7 substance in Schedule I, II, III, IV, or V and that
10- 8 other substance is commonly intravenously injected, as
10- 9 determined by the regulations of the department."
10-10 SECTION 11.
10-11 Chapter 1 of Title 42 of the Official Code of Georgia
10-12 Annotated, relating to general provisions relative to penal
10-13 institutions, is amended in Code Section 42-1-12, relating
10-14 to the registration of sexually violent predators, by
10-15 striking paragraph (7) of subsection (a), and inserting in
10-16 lieu thereof the following:
10-17 "(7) 'Sexually violent offense' means a conviction for
10-18 violation of Code Section 16-6-1, relating to rape; Code
10-19 Section 16-6-2, relating to aggravated sodomy; Code
10-20 Section 16-6-3.1, relating to aggravated sexual assault;
10-21 Code Section 16-6-4, relating to aggravated child
10-22 molestation; or Code Section 16-6-22.2, relating to
10-23 aggravated sexual battery; or an offense that has as its
10-24 element engaging in physical contact with another person
10-25 with intent to commit such an offense; or a conviction
10-26 in a federal court, military court, or court of another
10-27 state or territory for any offense which under the laws
10-28 of this state would be classified as a violation of a
10-29 Code section listed in this paragraph."
10-30 SECTION 12.
10-31 Article 2 of Chapter 9 of Title 42 of the Official Code of
10-32 Georgia, relating to grants of pardons, paroles, and other
10-33 relief, is amended in Code Section 42-9-45, relating to the
10-34 rule-making power of the Board of Pardons and Paroles by
10-35 striking subsection (g) and inserting in lieu thereof the
10-36 following:
10-37 "(g) No inmate serving a sentence for murder, armed
10-38 robbery, kidnapping, rape, aggravated sexual assault,
10-39 aggravated child molestation, aggravated sodomy, or
10-40 aggravated sexual battery shall be released on parole for
10-41 the purpose of regulating jail or prison populations."
-10-
11- 1 SECTION 13.
11- 2 Said article is further amended in Code Section 42-9-60,
11- 3 relating to the overcrowding of prisons, by striking
11- 4 paragraph (2) of subsection (a) and inserting in lieu
11- 5 thereof the following:
11- 6 "(2) 'Dangerous offender' means a state prison inmate
11- 7 who is imprisoned for conviction of any one or more of
11- 8 the following crimes as defined by Title 16, the
11- 9 'Criminal Code of Georgia': murder, voluntary
11-10 manslaughter, kidnapping, armed robbery, rape, aircraft
11-11 hijacking, aggravated sodomy, aggravated sexual assault,
11-12 aggravated sexual battery, aggravated battery,
11-13 aggravated assault, incest, child molestation, child
11-14 abuse, or enticing a child for indecent purposes, or any
11-15 felony punishable under Code Section 16-13-31, relating
11-16 to prohibited acts regarding marijuana, cocaine, and
11-17 illegal drugs. The term 'dangerous offender' shall also
11-18 include an inmate who is incarcerated for a second or
11-19 subsequent time for the commission of a crime for which
11-20 the inmate could have been sentenced to life
11-21 imprisonment."
11-22 SECTION 14.
11-23 The provisions of this Act shall not affect or abate the
11-24 status as a crime nor punishment of any act or omission
11-25 which occurred prior to the effective date of this Act nor
11-26 shall the prosecution of such a crime or any cause of action
11-27 arising out of such criminal conduct be abated as a result
11-28 of this Act.
11-29 SECTION 15.
11-30 This Act shall become effective on the first day of the
11-31 month following the month in which it is approved by the
11-32 Governor or in which it becomes law without such approval.
11-33 SECTION 16.
11-34 All laws and parts of laws in conflict with this Act are
11-35 repealed.
-11-
Clerk of the House
Robert E. Rivers, Jr., Clerk
Last Updated on 02/25/00
