07 LC
35 0039
House
Bill 793
By:
Representatives Coan of the
101st,
Neal of the
1st,
Fleming of the
117th,
Ralston of the
7th,
Lunsford of the
110th,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating
to the Georgia Bureau of Investigation, so as to establish the Georgia
Methamphetamine Offender Registry for the registration of persons convicted of
certain offenses relating to methamphetamine; to provide a statement of purpose;
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
3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia
Bureau of Investigation, is amended by adding a new article immediately
following Article 2 to read as follows:
"ARTICLE
2A
35-3-50.
The
purpose of this article is to reduce and prevent the operation of clandestine
methamphetamine laboratories and the contamination of private property by such
laboratories, especially in residential areas. The General Assembly recognizes
that such laboratories pose a significant threat to the citizens of this state
due to the lethal environmental hazard posed by the unregulated and illegal use
of harmful chemicals involved in the unlawful production of methamphetamine.
This article is a remedial law and shall be liberally construed to promote the
public health, safety, and welfare.
35-3-51.
(a)
As used in this article, the term:
(1)
'Appropriate 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 Title 42, 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;
(C)
With respect to an offender who is placed on parole, the chairman 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)
'Conviction' means 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
Title 42, relating to first offenders, shall be subject to the registration
requirements of this article for the period of time prior to the
defendant´s discharge or upon the defendant being adjudicated guilty. 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
Title 42, relating to first offenders, shall not be subject to the registration
requirements of this article upon the defendant´s discharge.
(3)
'Registry' means the Georgia Methamphetamine Offender Registry maintained and
administered by the bureau.
35-3-52.
(a)
There is created under the authority and direction of the bureau the Georgia
Methamphetamine Offender Registry for the registration of persons convicted of
Code Section 16-13-31 where the conviction relates to the delivery, manufacture,
sale, or trafficking of methamphetamine.
(b)
The registry shall be maintained by the bureau and made available for public
inquiry and review on the Internet.
(c)
The registry entry for each person shall include: the person´s name,
including any known aliases; the person´s date of birth; any offense or
offenses listed in subsection (a) of this Code section for which the person has
been convicted; the date and county of each such conviction; the address listed
on the person´s current driver´s license, if any; a photograph taken
at the time of arrest or release from incarceration; and, any other identifying
data as determined by the bureau for the proper identification of the person
but shall not include the person´s social security or driver´s license
numbers.
(d)
Any person convicted of an offense listed in subsection (a) of this Code section
on or after July 1, 2006, and any person so convicted before July 1, 2006, who
is released from prison or placed on parole, supervised release, or probation on
or after July 1, 2006, shall be listed as an offender on the
registry.
(e)
For each offender required to register under this Code section, the appropriate
official shall forward to the bureau a copy of the judgment of conviction and
information relevant to the conviction which shall include the date of birth and
any further information relevant to the conviction as determined by the bureau.
Where an offender has more than one offense requiring registration, a copy of
the conviction and other relevant information shall be sent for each such
offense. The judgment of conviction and other information related thereto shall
be provided to the bureau within 30 days of the date of conviction or, in the
event the offender is incarcerated, within 30 days from the release from
incarceration.
(f)
The bureau shall remove from the registry the name and other identifying
information of persons who are registered seven years following the entry of
conviction or, in the event the offender is incarcerated, seven years following
the release from incarceration."
SECTION
2.
This
Act shall become effective on July 1, 2006.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.