08 LC 29
3039S
The
House Committee on Judicary Non-civil offers the following substitute to HB
908:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 2 of Chapter 1 of Title 42 of the Official Code of Georgia
Annotated, relating to the Sexual Offender Registration Review Board, so as to
repeal certain provisions relating to residency and employment restrictions for
certain sexual offenders; to change a definition; to provide for restrictions on
where sexual offenders and sexually dangerous predators may reside, work,
volunteer, or loiter; to provide for definitions; to provide for punishment; to
provide for exemptions from certain residency and employment restrictions; to
provide for civil causes of action; to provide for applicability; to provide for
related matters; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
2 of Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating
to the Sexual Offender Registration Review Board, is amended by repealing in its
entirety Code Section 42-1-15, relating to the restrictions on registered
offenders residing, working, or loitering within certain areas, the penalties
for violations, and civil causes of action.
SECTION
2.
Said
article is further amended by revising paragraph (3) of subsection (a) of Code
Section 42-1-12, relating to the State Sexual Offender Registry, as
follows:
"(3)
'Area where minors congregate' shall include all public and private parks and
recreation facilities, playgrounds, skating rinks, neighborhood centers,
gymnasiums, school bus stops,
public
libraries, and public and community
swimming pools."
SECTION
3.
Said
article is further amended by revising subsection (a) of Code Section 42-1-12,
relating to the State Sexual Offender Registry, by adding a new paragraph to
read as follows:
"(10.1)
'Day-care center' shall have the same meaning as set forth in paragraph (4) of
Code Section 20-1A-2."
SECTION
4.
Said
article is further amended by adding a new Code section to read as
follows:
"42-1-15.
(a)
As used in this Code section, the term 'individual' means a person who is
required to register pursuant to Code Section 42-1-12.
(b)
No individual shall reside within 1,000 feet of any child care facility, church,
school, or area where minors congregate. Such distance shall be determined by
measuring from the outer boundary of the property on which the individual
resides to the outer boundary of the property of the child care facility,
church, school, or area where minors congregate at their closest
points.
(c)(1)
No individual shall be employed by or volunteer at any child care facility,
school, or church or by or at any business or entity that is located within
1,000 feet of a child care facility, a school, or a church. Such distance shall
be determined by measuring from the outer boundary of the property of the
location in which such individual actually carries out or performs the functions
of his or her job to the outer boundary of the child care facility, school, or
church at their closest points.
(2)
No individual who is a sexually dangerous predator shall be employed by or
volunteer at any business or entity that is located within 1,000 feet of an area
where minors congregate. Such distance shall be determined by measuring from
the outer boundary of the property of the location in which the sexually
dangerous predator actually carries out or performs the functions of his or her
job to the outer boundary of the area where minors congregate at their closest
points.
(d)
Notwithstanding any ordinance or resolution adopted pursuant to Code Section
16-6-24 or subsection (d) of Code Section 16-11-36, it shall be unlawful for any
individual required to register pursuant to Code Section 42-1-12 to loiter, as
prohibited by Code Section 16-11-36, at any child care facility, school, or area
where minors congregate.
(e)(1)
If an individual owns real property and resides on such property and a child
care facility, church, school, or area where minors congregate thereafter
locates itself within 1,000 feet of such property, or if an individual has
established employment at a location and a child care facility, church, or
school thereafter locates itself within 1,000 feet of such employment, or if a
sexual predator has established employment and an area where minors congregate
thereafter locates itself within 1,000 feet of such employment, such individual
shall not be guilty of a violation of subsection (b) or (c) of this Code
section, as applicable, if such individual successfully complies with subsection
(f) of this Code section.
(2)
An individual owning real property and residing on such property or being
employed within 1,000 feet of a prohibited location, as specified in subsection
(b) or (c) of this Code section, shall not be guilty of a violation of this Code
section if such individual had established such property ownership or employment
prior to July 1, 2006, and such individual successfully complies with subsection
(f) of this Code section.
(f)
If an individual is notified that he or she is in violation of subsection (b) or
(c) of this Code section, and if such individual claims that he or she is exempt
from such prohibition pursuant to subsection (e) of this Code section, such
individual shall provide sufficient proof demonstrating his or her exemption to
the sheriff of the county where the individual is registered within ten days of
being notified of any such violation. For purposes of providing proof of
residence, the individual may provide a driver´s license, government issued
identification, or any other documentation evidencing where the
individual´s habitation is fixed. For purposes of providing proof of
property ownership, the individual shall provide a copy of his or her warranty
deed, quitclaim deed, or voluntary deed, or other documentation evidencing
property ownership. For purposes of providing proof of employment, the
individual may provide an Internal Revenue Service Form W-2, a pay check, or a
notarized verification of employment from the individual´s employer, or
other documentation evidencing employment. Such employment documentation shall
evidence the location in which such individual actually carries out or performs
the functions of his or her job. Documentation provided pursuant to this
subsection may be required to be date specific, depending upon the
individual´s exemption claim.
(g)
Any sexual offender who knowingly violates the provisions of this Code section
shall be guilty of a felony and shall be punished by imprisonment for not less
than ten nor more than 30 years.
(h)
Nothing in this Code section shall create, either directly or indirectly, any
civil cause of action against or result in criminal prosecution of any person,
firm, corporation, partnership, trust, or association other than an individual
required to be registered under Code Section 42-1-12."
SECTION
5.
All
laws and parts of laws in conflict with this Act are repealed.