05 LC 29
1825
Senate
Bill 325
By:
Senator Fort of the 39th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 16-6-4 of the Official Code of Georgia Annotated, relating to
child molestation and aggravated child molestation, so as to provide the court
with discretion under certain circumstances for offenses involving certain
persons convicted of aggravated child molestation; to amend Code Section
17-10-6.1 of the Official Code of Georgia Annotated, relating to punishment for
serious violent offenders, so as to provide for an appropriate cross-reference;
to provide for related matters; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 16-6-4 of the Official Code of Georgia Annotated, relating to child
molestation and aggravated child molestation, is amended by striking subsection
(d) and inserting in lieu thereof the following:
"(d)(1)
Except as
provided in paragraph (2) of this subsection,
a
A
person convicted of the offense of aggravated child molestation shall be
punished by imprisonment for not less than ten nor more than 30 years.
Any
Except as
provided in paragraph (2) of this subsection,
any person convicted under this Code
section of the offense of aggravated child molestation shall, in addition, be
subject to the sentencing and punishment provisions of Code Sections 17-10-6.1
and 17-10-7.
(2)
A person convicted of the offense of aggravated child molestation when the
victim is 14 or 15 years of age and where the person so convicted is no more
than three years older than the victim shall be punished by imprisonment for not
less than one nor more than 30 years and shall not be subject to the sentencing
and punishment provisions of Code Section 17-10-6.1.
(2)(3)
The court sentencing a person who has been convicted of a first offense of
aggravated child molestation when the victim is 16 years of age or younger at
the time of the offense is authorized to require, before sentencing, that the
defendant undergo a psychiatric evaluation to ascertain whether or not
medroxyprogesterone acetate chemical treatment or its equivalent would be
effective in changing the defendant´s behavior. If it is determined by a
qualified mental health professional that such treatment would be effective, the
court may require, as a condition of probation and upon provisions arranged
between the court and the defendant, the defendant to undergo
medroxyprogesterone acetate treatment or its chemical equivalent which must be
coupled with treatment by a qualified mental health professional. In case of a
person sentenced to probation who is required to undergo such treatment or its
chemical equivalent and is in the custody of a law enforcement agency or
confined in a jail at the time of sentencing, when he or she becomes eligible
for probation, such person shall begin medroxyprogesterone acetate treatment and
counseling prior to his or her release from custody or confinement. A person
sentenced to probation who is required to undergo such treatment and who is not
in the custody of a law enforcement agency or confined in a jail at the time of
sentencing shall be taken into custody or confined until treatment can begin.
Additional treatment may continue after such defendant´s release from
custody or confinement until the defendant demonstrates to the court that such
treatment is no longer necessary. No such treatment shall be administered until
such person has been fully informed of the side effects of hormonal chemical
treatment and has consented to the treatment in writing. The administration of
the treatment shall conform to the procedures and conditions set out in
subsection (c) of Code Section 42-9-44.2.
(3)(4)
Any physician or qualified mental health professional who acts in good faith in
compliance with the provisions of this Code section and subsection (c) of Code
Section 42-9-44.2 in the administration of treatment or provision of counseling
provided for in this Code section shall be immune from civil or criminal
liability for his or her actions in connection with such treatment or
counseling."
SECTION
2.
Code
Section 17-10-6.1 of the Official Code of Georgia Annotated, relating to
punishment for serious violent offenders, is amended by striking subsection (a)
and inserting in lieu thereof the following:
"(a)
As used in this Code section, the term 'serious violent felony'
means:
(1)
Murder or felony murder, as defined in Code Section 16-5-1;
(2)
Armed robbery, as defined in Code Section 16-8-41;
(3)
Kidnapping, as defined in Code Section 16-5-40;
(4)
Rape, as defined in Code Section 16-6-1;
(5)
Aggravated child molestation, as defined in
subsection (c)
of Code Section 16-6-4
and punished
as provided in paragraph (1) of subsection (d) of Code Section
16-6-4;
(6)
Aggravated sodomy, as defined in Code Section 16-6-2; or
(7)
Aggravated sexual battery, as defined in Code Section
16-6-22.2."
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.