05 HB
106/CSFA
House
Bill 106 (COMMITTEE SUBSTITUTE) (AM)
By:
Representative Barnard of the
166th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating
to general provisions for penal institutions, so as to change certain provisions
relating to the state sexual offender registry; to change provisions relating to
registration requirements for offenders changing residency to this state; to
change and add certain definitions; to provide for related matters; to repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
1 of Title 42 of the Official Code of Georgia Annotated, relating to general
provisions for penal institutions, is amended by striking in its entirety Code
Section 42-1-12, relating to the state sexual offender registry, and inserting
in lieu thereof the following:
"42-1-12.
(a)
As used in this Code section, the term:
(1)
'Appropriate
state
official' means:
(A)
With respect to an offender who is sentenced to probation without any sentence
of incarceration in the state prison system or who is sentenced pursuant to
Article 3 of Chapter 8 of this title, relating to first offenders, the Division
of Probation of the Department of Corrections;
(B)
With respect to an offender who is sentenced to a period of incarceration in a
prison under the jurisdiction of the Department of Corrections and who is
subsequently released from prison or placed on probation, the commissioner of
corrections or his or her designee;
and
(C)
With respect to an offender who is placed on parole, the chairperson of the
State Board of Pardons and Paroles or his or her
designee;
and
(D)
With respect to an offender who is placed on probation through a private
probation agency, the director of the private probation agency or his or her
designee.
(2)
'Board' means the Sexual Offender Registration Review Board.
(2.1)
'Change in enrollment status' or 'change in employment status' means the
commencement or termination of enrollment or employment.
(2.2)
'Change in vocation status' means the commencement or termination of a
vocation.
(3)
'Conviction' includes a final judgment of conviction entered upon a verdict or
finding of guilty of a crime, a plea of guilty, or a plea of nolo contendere. A
defendant who is discharged without adjudication of guilt and who is not
considered to have a criminal conviction pursuant to Article 3 of Chapter 8 of
this title, relating to first offenders, shall be subject to the registration
requirements of this Code section for the period of time prior to the
defendant́s
discharge after completion of his or her sentence or upon the defendant being
adjudicated guilty. Unless otherwise required by federal law, a defendant who is
discharged without adjudication of guilt and who is not considered to have a
criminal conviction pursuant to Article 3 of Chapter 8 of this title, relating
to first offenders, shall not be subject to the registration requirements of
this Code section upon the
defendant́s
discharge.
(4)(A)
'Criminal offense against a victim who is a minor' with respect to convictions
occurring on or before June 30, 2001, means any criminal offense under Title 16
or any offense under federal law or the laws of another state or territory of
the United States which consists of:
(i)
Kidnapping of a minor, except by a parent;
(ii)
False imprisonment of a minor, except by a parent;
(iii)
Criminal sexual conduct toward a minor;
(iv)
Solicitation of a minor to engage in sexual conduct;
(v)
Use of a minor in a sexual performance;
(vi)
Solicitation of a minor to practice prostitution; or
(vii)
Any conviction resulting from an underlying sexual offense against a victim who
is a minor.
(B)
'Criminal offense against a victim who is a minor' with respect to convictions
occurring after June 30, 2001, means any criminal offense under Title 16 or any
offense under federal law or the laws of another state or territory of the
United States which consists of:
(i)
Kidnapping of a minor, except by a parent;
(ii)
False imprisonment of a minor, except by a parent;
(iii)
Criminal sexual conduct toward a minor;
(iv)
Solicitation of a minor to engage in sexual conduct;
(v)
Use of a minor in a sexual performance;
(vi)
Solicitation of a minor to practice prostitution;
(vii)
Use of a minor to engage in any sexually explicit conduct to produce any visual
medium depicting such conduct;
(viii)
Creating, publishing, selling, distributing, or possessing any material
depicting a minor or a portion of a
minoŕs
body engaged in sexually explicit conduct;
(ix)
Transmitting, making, selling, buying, or disseminating by means of a computer
any descriptive or identifying information regarding a child for the purpose of
offering or soliciting sexual conduct of or with a child or the visual depicting
of such conduct;
(x)
Conspiracy to transport, ship, receive, or distribute visual depictions of
minors engaged in sexually explicit conduct; or
(xi)
Any conduct which, by its nature, is a sexual offense against a
minor.
(C)
For purposes of this paragraph, conduct which is criminal only because of the
age of the victim shall not be considered a criminal offense if the perpetrator
is 18 years of age or younger.
(D)
For purposes of this paragraph, 'criminal offense against a victim who is a
minor' shall not include conduct which, by its nature, is a sexual offense
against a victim who is 13 years of age or older when the defendant enters a
first offender plea pursuant to Article 3 of Chapter 8 of this
title.
(4.1)
'Institution of higher education' means a community college, state university,
state college, or independent postsecondary institution.
(5)
'Mental abnormality' means a congenital or acquired condition of a person that
affects the emotional or volitional capacity of the person in a manner that
predisposes that person to the commission of criminal sexual acts to a degree
that makes the person a menace to the health and safety of other
persons.
(5.1)
'Minor' means any person under the age of 18 years.
(6)
'Predatory' means an act directed at a stranger or a person with whom a
relationship has been established or promoted for the primary purpose of
victimization.
(7)
'Sexually violent offense' means a conviction for violation of Code Section
16-6-1, relating to rape; Code Section 16-6-2, relating to aggravated sodomy;
Code Section 16-6-4, relating to aggravated child molestation;
or
Code Section 16-6-22.2, relating to aggravated sexual battery; or
an offense
that has as its element engaging in physical contact with another person with
intent to commit such an offense
Code Section
16-5-21, relating to aggravated assault with intent to
rape; or a conviction in a federal court,
military court, tribal court, or court of another state or territory for any
offense which under the laws of this state would be classified as a violation of
a Code section listed in this paragraph.
(8)
'Sexually violent predator' means a person who has been convicted on or after
July 1, 1996, of a sexually violent offense and who suffers from a mental
abnormality or personality disorder or attitude that places the person at risk
of perpetrating any future predatory sexually violent offenses.
(9)
'Vocation' means any sort of full-time, part-time, or volunteer employment with
or without compensation exceeding 14 consecutive days or for an aggregate period
of time exceeding 30 days during any calendar year.
(b)(1)(A)(i)
On and after July 1, 1996, a person who is convicted of a criminal offense
against a victim who is a minor or who is convicted of a sexually violent
offense shall register
as a sex
offender within ten days after his or her
release from prison or placement on parole, supervised release, or probation his
or her name and current address; place of employment and vocation, if any; the
crime of which convicted; school name and address, if any; and the date released
from prison or placed on parole, supervised release, or probation with the
appropriate
sheriff́s
office as specified in subsection (c) of this Code section in the county where
such person will reside for the time period specified in subsection (g) of this
Code section.
(ii)
A person who has previously been convicted of a criminal offense against a
victim who is a minor or who has previously been convicted of a sexually violent
offense and who is released from prison or placed on parole, supervised release,
or probation on or after July 1, 1996, shall register within ten days after such
release or placement his or her name and current address; place of employment
and vocation, if any; the crime of which convicted; school name and address, if
any; and the date released from prison or placed on parole, supervised release,
or probation with the appropriate
sheriff́s
office as specified in subsection (c) of this Code section in the county where
such person will reside for the time period specified in subsection (g) of this
Code section.
(iii)
On and after July 1, 1999, any resident of Georgia who is convicted under the
laws of another state or territory, under the laws of the United States, under
the Uniform Code of Military Justice, or in a tribal court of a sexually violent
offense or a criminal offense against a victim who is a minor shall register
within ten days after his or her release from prison or placement on parole,
supervised release, or probation. The information such an offender is required
to register shall include his or her name and current address; place of
employment and vocation, if any; the crime of which convicted; school name and
address, if any; and the date released from prison or placed on parole,
supervised release, or probation. Such an offender shall register with the
appropriate
sheriff́s
office as specified in subsection (c) of this Code section in the county where
such person will reside for the time period specified in subsection (g) of this
Code section.
(B)
A person who is a sexually violent predator shall register within ten days after
his or her release from prison or placement on parole, supervised release, or
probation the information required under subparagraph (A) of this paragraph with
the appropriate
sheriff́s
office as specified in subsection (c) of this Code section in the county where
such person will reside. The sheriff may prepare a list of such sexual predators
providing each
persońs
name, address, and photograph. The sheriff shall update the list periodically
and may post such list in a prominent and visible location in the
sheriff́s
office and each city hall or primary administration building of every
incorporated municipality within the county. Such list shall also be made
available upon request to any public or private elementary, secondary, or
postsecondary school or educational institution located in the
county.
(2)(A)
Upon a determination that an offender is guilty of a sexually violent offense,
the court may request a report from the Sexual Offender Registration Review
Board as to the likelihood that the offender suffers from a mental abnormality
or personality disorder that would make the person likely to engage in a
predatory sexually violent offense. The report shall be requested as a matter of
course for any offender with a history of sexually violent offenses. The court
shall provide the Sexual Offender Registration Review Board with any information
available to assist the board in rendering an opinion. The board shall have 60
days from receipt of the
court́s
request to respond with its report. After receiving a recommendation from the
Sexual Offender Registration Review Board that a convicted sexually violent
offender be classified as a sexually violent predator, the sentencing court
shall so inform the offender and shall set a date to conduct a hearing affording
the offender the opportunity to present testimony or evidence relevant to the
recommended classification. After the hearing and within 60 days of receiving
the report, the court shall issue a ruling as to whether or not the offender
shall be classified as a sexually violent predator. If the court determines the
offender to be a sexually violent predator, such fact shall be communicated in
writing to the appropriate state official and to the Georgia Bureau of
Investigation.
(B)
The Sexual Offender Registration Review Board shall be composed of three
professionals licensed under Title 43 and knowledgeable in the field of the
behavior and treatment of sexual offenders; at least one representative from a
victimś
rights advocacy group or agency; and at least two representatives from law
enforcement, each of whom is either employed by a law enforcement agency as a
certified peace officer under Title 35 or retired from such employment. The
members of such board shall be appointed by the commissioner of human resources
for terms of four years. Members of the board shall take office on the first day
of September immediately following the expired term of that office and shall
serve for a term of four years and until the appointment of their respective
successors. No member shall serve on the board more than two consecutive terms.
Vacancies occurring on the board, other than those caused by expiration of a
term of office, shall be filled in the same manner as the original appointment
to the position vacated for the remainder of the unexpired term and until a
successor is appointed. Members shall be entitled to an expense allowance and
travel cost reimbursement the same as members of certain other boards and
commissions as provided in Code Section 45-7-21.
(C)
The Sexual Offender
Registration
Review Board shall be attached to the Department of Human Resources for
administrative purposes and provided there is adequate funding provided
shall:
(i)
Exercise its quasi-judicial, rule-making, or policy-making functions
independently of the department and without approval or control of the
department;
(ii)
Prepare its budget, if any, and submit its budgetary requests, if any, through
the department; and
(iii)
Hire its own personnel if authorized by the Constitution of this state or by
statute or if the General Assembly provides or authorizes the expenditure of
funds therefor.
(3)(A)
If a person who is required to register under this Code section is released from
prison or placed on parole, supervised release, or probation, the appropriate
state official shall:
(i)
Inform the person of the duty to register and obtain the information required
under subparagraph (A) of paragraph (1) of this subsection for such
registration;
(ii)
Inform the person that, if the person changes residence address, employment
address, vocation address, school name, school address, or enrollment status,
the person shall give the new information to the sheriff or sheriffs with whom
the person last registered and the sheriff or sheriffs of the county to which
the person is changing residence address, employment address, vocation address,
school name, school address, or enrollment status, not later than ten days after
the change of information. Following such notification, the
sheriff́s
office shall notify immediately the Georgia Bureau of Investigation through the
Criminal Justice Information System (CJIS) of each change of
information;
(iii)
Inform the person that the person must register in any state where the person is
employed or carries on a vocation or is a student;
(iv)
Inform the person that, if the person changes residence to another state, the
person shall register the new address with the sheriff or sheriffs with whom the
person last registered, and that the person shall also register with a
designated law enforcement agency in the new state not later than ten days after
establishing residence in the new state;
(v)
Obtain fingerprints and a photograph of the person if such fingerprints and
photograph have not already been obtained in connection with the offense that
triggered the initial registration; and
(vi)
Require the person to read and sign a form stating that the duty of the person
to register under this Code section has been explained. A copy of this form and
any other registration information furnished by the Department of Corrections
shall be forwarded to the Georgia Bureau of Investigation.
(B)
In addition to the requirements of subparagraph (A) of this paragraph, for a
person required to register under subparagraph (B) of paragraph (1) of this
subsection, the appropriate state official shall obtain the name of the person;
descriptive physical and behavioral information to assist law enforcement
personnel in identifying the person; known current or proposed residence
addresses of the person; place of employment, if any; offense history of the
person; and documentation of any treatment received for any mental abnormality
or personality disorder of the person; provided, however, that the appropriate
state official shall not be required to obtain any information already on the
Criminal Justice Information System of the Georgia Crime Information
Center.
(C)
The Georgia Crime Information Center shall create the Criminal Justice
Information System network transaction screens by which appropriate state
officials shall enter original data required by this Code section including
residence address, school name, school address, enrollment status, and
employment and vocation address and status. Screens shall also be created for
sheriffś
offices for the entry of record confirmation data; employment; changes of
residence, school, or employment; or other pertinent data and to assist in
offender identification.
(D)
Any person changing residence from another state or territory of the United
States to Georgia
who is
required to register under federal law or the laws of another state, territory,
or tribal authority or who has been convicted of an offense in another state,
territory, or tribal authority which would require registration under this Code
section if committed in this state shall comply with the registration
requirements of this Code section. Such person shall register the new address,
employment, and vocation information with the appropriate sheriff of the county
as specified in subsection (c) of this Code section not later than ten days
after the date of establishing residency in this state. Upon the
persońs
registration with the sheriff of the county of new residence, the sheriff or his
or her designee shall forward the registration information to the Georgia Bureau
of Investigation. The sheriff or his or her designee shall obtain any needed
information concerning the registrant, including fingerprints and a photograph
of the person if such fingerprints and photograph have not previously been
obtained within the State of Georgia. In addition, the sheriff or his or her
designee shall inform the person of the duty to report any change of address as
otherwise required in this Code section. The Georgia Bureau of Investigation
shall forward such information in the manner described in subsection (c) of this
Code section.
shall be
subject to the following registration requirements:
(i)
Any person changing residence from another state or territory of the United
States to Georgia who is required to register under federal law or the laws of
another state, territory, or tribal authority shall comply with the registration
requirements of this Code section and register in this state regardless of when
the conviction occurred.
(ii)
Any person changing residence from another state or territory of the United
States to Georgia who has been convicted of an offense in another state,
territory, or tribal authority which would require registration under this Code
section if committed in this state shall comply with the registration
requirements of this Code section regardless of when the conviction
occurred.
(iii)
Any person who is subject to the registration requirements of this Code section
shall register the new address, employment, and vocation information with the
appropriate sheriff of the county as specified in subsection (c) of this Code
section not later than ten days after the date of establishing residency in this
state.
(iv)
Upon the
persońs
registration with the sheriff of the county of new residence, the sheriff or the
sheriff́s
designee shall forward the registration information to the Georgia Bureau of
Investigation. The sheriff or the
sheriff́s
designee shall obtain any needed information concerning the registrant,
including fingerprints and a photograph of the person if such fingerprints and
photograph have not previously been obtained within the State of Georgia. In
addition, the sheriff or the
sheriff́s
designee shall inform the person of the duty to report any change of address as
otherwise required in this Code section. The Georgia Bureau of Investigation
shall forward such information in the manner described in subsection (c) of this
Code section.
(v)
Any person who is subject to the registration requirements of this Code section
shall be required to register in Georgia for the remaining period of time
established by the state of last registration, or for the period of time as set
forth in subsection (g) of this Code section, whichever is longer.
(vi)
Any person who is designated in another state as a sexually violent predator and
changes residency to Georgia shall also be designated as a sexually violent
predator in this state and subject to subsection (g) of this Code
section.
(E)
The following persons are also required to register:
(i)
Any nonresident who enters this state for the purpose of employment for a period
exceeding 14 consecutive days or for an aggregate period of time exceeding 30
days during any calendar year and who is required to register under federal law,
military law, tribal law, or the laws of another state or territory, which,
based on an act, would require registration under this Code section;
or
(ii)
Any nonresident who enters this state for the purpose of attending school as a
full-time or part-time student and who is required to register under federal
law, military law, tribal law, or the laws of another state or territory, which,
based on an act, would require registration under this Code
section.
Any
person required to register by this subparagraph shall not later than ten days
after the person enters the state register with the sheriff of the county of his
or her temporary address, with the sheriff of the county of his or her
employment, and with the sheriff of the county in which the person is attending
school. The information registered shall include the
persońs
temporary address, permanent address in the
persońs
state of residence, employment and vocation address and status, and school name,
school address, and enrollment status. Upon the
persońs
registration, the sheriff or the
sheriff́s
designee shall forward the registration information to the Georgia Bureau of
Investigation. The sheriff or the
sheriff́s
designee shall obtain the fingerprints and photograph of the person, if the
persońs
fingerprints and photograph have not previously been obtained in Georgia. The
sheriff or the
sheriff́s
designee shall inform the person of his or her duty to report any change in
temporary residence, permanent residence, employment and vocation address and
status, school name, school address, or enrollment status.
(4)
A person who is required to register under any provision of this Code section
shall:
(A)
Report in person within ten days of release from prison, placement on probation,
parole, or supervised release to the appropriate
sheriff́s
office of the county or counties where the person resides, is employed, or
attends school. A person who is so required to register must provide his or her
street address to the sheriff of the
persońs
county of residence;
(B)
Report in person within ten days to the appropriate sheriff or sheriffs if the
person changes residence address, employment address, vocation address, school
name, school address, or enrollment status;
(C)
In the event of a move to a new state, advise the sheriff of the county where
the person last registered of his or her impending move within ten days of
moving. He or she shall also report to the designated law enforcement agency in
the new state of residence within ten days of arrival at the new
residence;
(D)
Read and sign the offender registration notification form at the time of
registration; and
(E)
Report in person to the sheriff of the
persońs
county of residence within ten days of the anniversary date of the original
registration with the
offendeŕs
verification form from the Georgia Bureau of Investigation.
(c)(1)
The appropriate state official shall, within three days after receipt of
information described in paragraph (3) of subsection (b) of this Code section,
forward such information to the Georgia Bureau of Investigation. Once the data
is entered into the Criminal Justice Information System by the appropriate state
official or sheriff, the Georgia Crime Information Center, where appropriate,
shall immediately notify the sheriff of the
persońs
county of residence, either permanent or temporary, the sheriff of the county of
employment, and the sheriff of the county where the person attends school. The
Georgia Bureau of Investigation shall also immediately transmit the conviction
data and fingerprints to the Federal Bureau of Investigation. It shall be the
duty of the sheriff of each county within this state to maintain a register of
the names and addresses of all registered offenders within the
sheriff́s
jurisdiction whose names have been provided by the Georgia Bureau of
Investigation to the sheriff under this Code section. The Georgia Bureau of
Investigation shall establish operating policies and procedures concerning
record ownership, quality, verification, modification, and cancellation and
shall perform mail out and verification duties on a quarterly basis. The Georgia
Bureau of Investigation shall send each month Criminal Justice Information
System network messages to sheriffs listing offenders due for verification. The
bureau shall also create a photo image file from original entries and provide
such entries to sheriffs to assist in offender identification and
verification.
(2)
Any person who is required to register under this Code section and who is
enrolled, employed, or carries on a vocation at an institution of higher
education in this state shall provide the name, address, and county of each
institution including each campus attended and the
persońs
position or enrollment status, as well as any change in enrollment, employment,
or vocation status. The requirements of this paragraph shall be accomplished in
a manner specified in subparagraphs (b)(1)(A), (b)(1)(B), (b)(3)(A), (b)(3)(D),
and (b)(3)(E) of this Code section.
(3)
The Georgia Bureau of Investigation shall establish operating policies and
procedures in order to provide prompt notice of offender registration and any
change in status information contained in paragraph (2) of this subsection to
any law enforcement agency having jurisdiction where an institution of higher
education is located and to include notification to the campus police if
appropriate for the institution of higher education. The law enforcement agency
or agencies having jurisdiction where an institution of higher education is
located shall provide a statement advising the campus community where law
enforcement agency information may be obtained as provided by the state under 20
U.S.C. Section 1092 (f)(1) and 42 U.S.C. Section 1407 (j), concerning registered
sex offenders. This information may be obtained at the law enforcement office of
the institution, a local law enforcement agency with jurisdiction for the
campus, or via the Georgia Bureau of
Investigatiońs
Internet website.
(c.1)(1)
On an annual basis, the Department of Education shall obtain from the Georgia
Bureau of Investigation a complete list of the names and addresses of all
registered sexual offenders and shall send such list, accompanied by a hold
harmless provision, to each public elementary and secondary school in this
state. In addition, the Department of Education shall provide information to
each public elementary and secondary school in this state on how to access and
retrieve from the Georgia Bureau of
Investigatiońs
Internet website a list of the names and addresses of all registered sexual
offenders. The Department of Education shall make such information available to
any private school upon request.
(2)
The Office of School Readiness shall provide, on a one-time basis, information
to all child care programs regulated pursuant to Code Section 20-1A-5 on how to
access and retrieve from the Georgia Bureau of
Investigatiońs
Internet website a list of the names and addresses of all registered sexual
offenders and shall include, on a continuing basis, such information with each
application for licensure.
(3)
The Department of Human Resources shall provide, on a one-time basis,
information to all day-care, group day-care, and family day-care programs
regulated on how to access and retrieve from the Georgia Bureau of
Investigatiońs
Internet website a list of the names and addresses of all registered sexual
offenders. On and after October 1, 2004, the Department of Early Care and
Learning shall include, on a continuing basis, such information with each
application for licensure, commissioning, or registration for early care and
education programs.
(d)(1)
For a person required to register under subparagraph (b)(1)(A) of this Code
section, on each anniversary of the
persońs
initial registration date during the period in which the person is required to
register under this Code section, the following applies:
(A)
The Georgia Bureau of Investigation shall mail a nonforwardable verification
form to the last reported address of the person;
(B)
Upon receipt of the verification form the person shall be required to report in
person to the sheriff of the
persońs
county of residence within ten days of the anniversary date;
(C)
The verification form stating that the person still resides at the address last
reported to the Georgia Bureau of Investigation shall be signed by the person
and retained by the sheriff;
(D)
The person shall report to the sheriff of the
persońs
county of residence to be photographed every year within ten days of the
anniversary date of the original registration; and
(E)
If the person fails to respond directly to the sheriff within ten days after
receipt of the form, the person shall be in violation of this Code
section.
(2)
The provisions of paragraph (1) of this subsection shall be applied to a person
required to register under subparagraph (b)(1)(B) of this Code section, except
that such person must verify the registration every 90 days after the date of
the initial release on probation by the court or the initial release by the
Department of Corrections or commencement of parole.
(e)
A change of address by a person required to register under this Code section
reported to the Georgia Bureau of Investigation shall be immediately reported to
the sheriff of the county where the person resides as set forth in subparagraph
(b)(3)(E) of this Code section. The Georgia Bureau of Investigation shall, if
the person changes residence to another state, notify the law enforcement agency
with which the person must register in the new state.
(f)
A person who has been convicted of an offense which requires registration under
this Code section shall register the new address with a designated law
enforcement agency in another state to which the person moves not later than ten
days after such person establishes residence in the new state if the new state
has a registration requirement.
(g)
A person required to register under subparagraph (b)(1)(A) of this Code section
shall continue to comply with this Code section, except during ensuing periods
of incarceration, during which time all registration requirements shall be
stayed. Upon release from incarceration, the person shall report to the sheriff
of the
persońs
county of residence within ten days from the date of release from incarceration,
until:
(1)
Ten years have elapsed since the person was released from prison or placed on
parole, supervised release, or probation; or
(2)
For the life of that person if that person:
(A)
Has one or more prior convictions for an offense described in subparagraph
(a)(4)(A) and paragraph (7) of subsection (a) of this Code section;
(B)
Has been convicted of an aggravated offense described in paragraph (7) of
subsection (a) of this Code section; or
(C)
Has been determined to be a sexually violent predator pursuant to subparagraph
(b)(2)(A) of this Code section.
(h)
Any person who is required to register under this Code section and who fails to
comply with the requirements of this Code section or who provides false
information shall be guilty of a felony and shall be punished by imprisonment
for not less than one nor more than three years; provided, however, that upon
the conviction of the second or subsequent offense under this subsection, the
defendant shall be punished by imprisonment for not less than one nor more than
three years or by a fine in an amount of up to $100,000.00, or
both.
(i)
The information collected under the state registration program shall be treated
as private data except that:
(1)
Such information may be disclosed to law enforcement agencies for law
enforcement purposes;
(2)
Such information may be disclosed to government agencies conducting confidential
background checks;
(3)
The Georgia Bureau of Investigation or any sheriff maintaining records required
under this Code section shall release relevant information collected under this
Code section that is necessary to protect the public concerning those persons
required to register under this Code section, except that the identity of a
victim of an offense that requires registration under this Code section shall
not be released. In addition to any other notice that may be necessary to
protect the public, nothing in this Code section shall prevent any sheriff from
posting this information in any public building in addition to those locations
enumerated in subparagraph (b)(1)(B) of this Code section; and
(4)
It shall be the responsibility of the sheriff maintaining records required under
this Code section to enforce the criminal provisions of this Code section. The
sheriff may request the assistance of the Georgia Bureau of Investigation upon
his or her discretion.
(j)
Law enforcement agencies, employees of law enforcement agencies, members of the
Sexual Offender Registration Review Board, and state officials shall be immune
from liability for good faith conduct under this Code section.
(k)
The provisions of this Code section shall be in addition to and not in lieu of
the provisions of Code Section 42-9-44.1, relating to conditions for parole of
sexual offenders.
(l)
The Board of Public Safety is authorized to promulgate rules and regulations
necessary for the Georgia Bureau of Investigation and the Georgia Crime
Information Center to implement and carry out the provisions of this Code
section.
(m)
No cause of action shall arise against any real estate broker or any affiliated
licensee of the broker or any person or entity or its employees which own
property or any person or entity or its employees who provide property
management services as defined in paragraph (7) of Code Section 43-40-1 for the
failure to disclose in any real estate transaction any information which is
provided or maintained or required to be provided or maintained in accordance
with this Code section. No cause of action shall arise against any real estate
broker or any affiliated licensee of the broker or any person or entity or its
employees which own property or any person or entity or its employees who
provide property management services as defined in paragraph (7) of Code Section
43-40-1 for revealing any information provided or maintained or required to be
provided or maintained in accordance with this Code section.
(n)
Within ten days of the filing of a
defendant́s
discharge and exoneration of guilt pursuant to Article 3 of Chapter 8 of this
title, the clerk of court shall transmit the order of discharge and exoneration
to the Georgia Bureau of Investigation and any sheriff maintaining records
required under this Code
section."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.