07 LC 35 0559S
(SCS)
Senate
Bill 249
By:
Senators Whitehead, Sr. of the 24th, Seabaugh of the 28th, Chapman of the 3rd,
Douglas of the 17th, Staton of the 18th and others
AS
PASSED SENATE
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
change certain definitions; to provide for sexual offenders to register with the
sheriff of any county where such offender resides, is employed, or is attending
an institution of higher education in lieu of only registering in the county of
residence and having the sheriff for such county be responsible for forwarding
information about such offender to the sheriffs of the counties where such
offender is employed or attends an institution of higher education; to require
sexual offenders to submit palm prints; to change certain residency requirements
for certain sexual offenders; to require the Department of Corrections to
forward certain information to sheriffs; to change reporting requirements when a
sexual offender is incarcerated; to change provisions relating to the time frame
a sheriff has to update certain information; to change certain penalty
provisions; to change provisions relating to restrictions on where sexual
offenders and sexually dangerous predators may reside, work, and volunteer; to
provide a mechanism for certain elderly and disabled sexual offenders to
petition the superior court to be released from certain residency requirements;
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 in Code Section
42-1-12, relating to the State Sexual Offender Registry, by revising paragraphs
(1) and (6) of subsection (a) and subparagraphs (a)(16)(A) and (a)(16)(C) as
follows:
"(1)
'Address' means the street or route address of the sexual offender´s
residence. For purposes of this Code section, the term does not mean a post
office box, and homeless
or in a
vehicle does not constitute an
address."
"(6)
'Child care facility' means all public and private pre-kindergarten facilities,
day-care centers, child care learning centers, preschool facilities, and
long-term care facilities for children.
Such term
shall not include private, in-home child day care which is not licensed by this
state."
"(A)
Name; social security number; age; race; sex; date of birth; height; weight;
hair
color,;
eye
color,;
fingerprints;
palmprints;
and photograph;"
"(C)
If the
place of residence is a motor vehicle or trailer, provide the vehicle
identification number, the license tag number, and a description, including
color scheme, of the motor vehicle or
trailer
Reserved;"
SECTION
2.
Said
article is further amended in Code Section 42-1-12, relating to the State Sexual
Offender Registry, by revising paragraphs (3), (6), and (8) of subsection (b) as
follows:
"(3)
Inform the sexual offender that, if the sexual offender changes any of the
required registration information, other than residence
address, place
of employment, or enrollment at an institution of higher
education, the sexual offender shall give
the new information to the sheriff of
the
each
county with whom the sexual offender is registered within 72 hours of the change
of information; if the information is the sexual offender´s new residence
address,
change in
employment location, or change in where the sexual offender is attending an
institution of higher education, the
sexual offender shall give the information to the sheriff of
the
each
county with whom the sexual offender last registered within 72 hours prior to
moving or
changing employment or attendance at an institution of higher
education and to the sheriff of the county
to which the sexual offender is moving
or changing
employment or attendance at an institution of higher
education within 72 hours after the change
of information;"
"(6)
Obtain
fingerprints,
palm prints, and a current photograph of
the sexual offender;"
"(8)
At least 30
days prior to such release, obtain
Obtain
and forward any information obtained from the clerk of court pursuant to Code
Section 42-5-50 to the sheriff´s office of the county in which the sexual
offender will reside; and"
SECTION
3.
Said
article is further amended in Code Section 42-1-12, relating to the State Sexual
Offender Registry, by revising paragraph (3) of subsection (c) as
follows:
"(3)
Forward the
sexual offender´s fingerprints and
photograph, at
least 30 days prior to the sexual offender´s release from prison, placement
on parole, supervised release, or probation, the following
information to the sheriff´s office
of the county where the sexual offender is going to
reside:
(A)
The sexual offender´s fingerprints, palm prints, and
photograph;
(B)
The sexual offender´s crime of conviction, including conviction date and
the jurisdiction of the conviction; and
(C)
The sexual offender´s
address;"
SECTION
4.
Said
article is further amended in Code Section 42-1-12, relating to the State Sexual
Offender Registry, by revising subsection (f) as follows:
"(f)
Any sexual offender required to register under this Code section
shall:
(1)
Provide the required registration information to the appropriate official before
being released from prison or placed on parole, supervised release, or
probation;
(2)
Register in
person with the sheriff of
the
each
county in which the sexual offender
resides, is
employed, or attends an institution of higher
education within 72 hours after the sexual
offender´s release from prison or placement on parole, supervised release,
probation, or entry into this state;
(3)
Maintain the required registration information with the sheriff of
the
each
county in which the sexual offender
resides, is
employed, or attends an institution of higher
education;
(4)
Renew the required registration information with the sheriff of
the
each
county in which the sexual offender
resides, is
employed, or attends an institution of higher
education by reporting
in
person to the sheriff within 72 hours
prior to such offender´s birthday each year to be
photographed,
and
fingerprinted,
and palm printed; provided however, that such offender shall only be
photographed, fingerprinted, and palm printed in the county where such offender
resides;
(5)
Update the required registration information with the sheriff of
the
each
county in which the sexual offender
resides, is
employed, or attends an institution of higher
education within 72 hours of any change to
the required registration information, other than residence
address, place
of employment, or enrollment at an institution of higher
education; if the information is the
sexual offender´s new residence
address,
change in employment location, or change in where the sexual offender is
attending an institution of higher
education, the sexual offender shall give
the information to the sheriff of
the
each
county with whom the sexual offender last registered within 72 hours prior to
any change of residence
address, place
of employment, or enrollment at an institution of higher
education, and to the sheriff of the
county to which the sexual offender is moving within 72 hours after establishing
the new residence;
(6)
If convicted of a dangerous sexual offense on or after July 1, 2006, pay to the
sheriff of the county where the sexual offender resides an annual registration
fee of $250.00 upon each anniversary of such registration; and
(7)
Continue to comply with the registration requirements of this Code section for
the entire life of the sexual offender,
including
excluding
ensuing periods of incarceration."
SECTION
5.
Said
article is further amended in Code Section 42-1-12, relating to the State Sexual
Offender Registry, by revising paragraphs (1), (3), (4), and (6) of subsection
(i) as follows:
"(1)
Prepare and maintain a list of all sexual offenders and sexually dangerous
predators
residing,
working, or attending an institution of higher
education in each county. Such list shall
include the sexual offender´s name; age; physical description; address;
crime of conviction, including conviction date and the jurisdiction of the
conviction; photograph; and the risk assessment classification level provided by
the board, and an explanation of how the board classifies sexual offenders and
sexually dangerous predators;"
"(3)
Maintain
and
post a list of every sexual offender
residing,
working, or attending an institution of higher
education in each county
and
electronically submit and update such list for
posting:
(A)
In the sheriff´s office;
(B)
In any county administrative building;
(C)
In the main administrative building for any municipal corporation;
(D)
In the office of the clerk of the superior court so that such list is available
to the public; and
(E)
On a website maintained by the sheriff of the county for the posting of general
information;
(4)
Update the public notices required by paragraph (3) of this Code section within
two
working
five
business days;"
"(6)
Update the list of sexual offenders
residing,
working, or attending an institution of higher
education in the county upon receipt of
new information affecting the residence
address,
employment, or attendance at an institution of higher
education of a sexual offender or upon the
registration of a sexual offender moving into the
county,
gaining employment in the county, becoming enrolled in an institution of higher
education in the county, or by virtue of
release from prison, relocation from another county, conviction in another
state, federal court, military tribunal, or tribal court. Such list, and any
additions to such list, shall be delivered, within 72 hours of updating the list
of sexual offenders residing in the county, to all schools or institutions of
higher education located in the county;"
SECTION
6.
Said
article is further amended in Code Section 42-1-12, relating to the State Sexual
Offender Registry, by revising paragraph (1) of subsection (j) as
follows:
"(j)(1)
The sheriff of the county where the sexual offender resides or last registered
shall be the primary law enforcement official charged with communicating the
whereabouts of the sexual offender and any changes in required registration
information
to the
sheriff´s office of the county or counties where the sexual offender is
employed, volunteers, attends an institution of higher education, or
moves."
SECTION
7.
Said
article is further amended in Code Section 42-1-12, relating to the State Sexual
Offender Registry, by revising subsection (n) as follows:
"(n)
Any individual who:
(1)
Is required to register under this Code section and who fails to comply with the
requirements of this Code section;
(2)
Provides false information; or
(3)
Fails to respond directly to the sheriff
of the county
where he or she resides, is employed, or is attending an institution of higher
education within 72 hours of such
individual´s birthday
shall
be guilty of a felony and shall be punished by imprisonment for not less than
ten nor more than 30 years; provided, however, that upon the conviction of the
second offense under this subsection, the defendant shall be punished by
imprisonment for life."
SECTION
8.
Said
article is further amended by revising Code Section 42-1-15, relating to the
restrictions on registered sexual offenders residing, working, or loitering
within certain areas, the penalties for violations, and civil causes of actions,
as follows:
"42-1-15.
(a)(1)
No individual
who
is required to register pursuant to Code
Section 42-1-12 shall reside
or
loiter 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
structure or
dwelling 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.
(2)
A superior court may issue an order releasing an individual who is required to
register pursuant to Code Section 42-1-12 from the residency requirements of
this subsection if the individual or someone acting on behalf of the individual
petitions the superior court of the jurisdiction in which such individual
resides to be released from the residency requirements of this subsection, the
court finds by a preponderance of the evidence that the individual does not pose
a substantial risk of perpetrating any future dangerous sexual offense, and the
individual:
(A)
Resides in a hospice facility, skilled nursing home, residential care facility
for the elderly, or nursing home;
(B)
Is totally and permanently disabled as such term is defined in Code Section
49-4-80;
(C)
Is otherwise seriously physically incapacitated due to illness or injury;
or
(D)
Is 75 years of age or older and at least ten years have elapsed since the date
of release from prison or placement on parole, supervised release, or
probation.
(b)(1)
No individual who is required to register under Code Section 42-1-12 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 the location in which such individual actually carries
out or performs the functions of his or her job.
(2)
No individual who is a sexually dangerous predator shall be employed by any
business or entity that is located within 1,000 feet of an area where minors
congregate.
Such distance
shall be determined by the location in which the sexually dangerous predator
actually carries out or performs the functions of his or her job.
(c)
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.
(d)
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.
(e)
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
9.
All
laws and parts of laws in conflict with this Act are repealed.