SB 610 - Family Violence Battery - define offense

Georgia Senate - 1995/1996 Sessions

SB 610 - Family Violence Battery - define offense

Page Numbers - 1/ 2/ 3/ 4/ 5
Code Sections - 16-5-23.1
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1. Stokes  43rd           2. Scott  36th             3. Thompson  33rd

Senate Comm: S Judy / House Comm: SJudy / Senate Vote: Yeas 50 Nays 0 --------------------------------------------- Senate Action House --------------------------------------------- 1/23/96 Read 1st time 2/12/96 2/7/96 Favorably Reported 2/27/96 Committee Amend/Sub Am 2/8/96 Read 2nd Time 2/13/96 2/9/96 Read 3rd Time 3/12/96 2/9/96 Passed/Adopted 3/12/96 Comm/Floor Amend/Sub FS/FA 3/18/96 Amend/Sub Agreed To 3/28/96 Sent To Governor 4/2/96 Signed by Governor 746 Act/Veto Number --------------------------------------------- Code Sections amended: 16-5-23.1, 19-13-32, 19-13-33
SB 610 96 SB 610/AP SENATE BILL 610 By: Senators Stokes of the 43rd, Scott of the 36th and Thompson of the 33rd A BILL TO BE ENTITLED AN ACT 1- 1 To amend Article 2 of Chapter 5 of Title 16 of the Official 1- 2 Code of Georgia Annotated, relating to criminal assault and 1- 3 battery, so as to define the offense of family violence 1- 4 battery; to prescribe the punishment for first and 1- 5 subsequent convictions of such offense; to amend Article 3 1- 6 of Chapter 13 of Title 19 of the Official Code of Georgia 1- 7 Annotated, relating to the State Commission on Family 1- 8 Violence, so as to provide for additional members; to 1- 9 provide for staggered terms of commission members; to change 1-10 the length of terms; to authorize the members of the 1-11 commission to determine the commission's quorum for 1-12 conducting business; to amend an Act creating the State 1-13 Commission on Family Violence, approved April 16, 1992 (Ga. 1-14 L. 1992, p. 1810), so as to change a provision terminating 1-15 the commission; to provide for related matters; to provide 1-16 for an effective date and applicability; to repeal NB. 6 conflicting laws; and for other purposes. 1-18 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. 1-19 Article 2 of Chapter 5 of Title 16 of the Official Code of 1-20 Georgia Annotated, relating to criminal assault and battery, 1-21 is amended by striking Code Section 16-5-23.1, relating to 1-22 criminal battery, and inserting in its place a new Code 1-23 section to read as follows: 1-24 "16-5-23.1. (Index) 1-25 (a) A person commits the offense of battery when he or she 1-26 intentionally causes substantial physical harm or visible 1-27 bodily harm to another. 1-28 (b) As used in this Code section, the term 'visible bodily 1-29 harm' means bodily harm capable of being perceived by a 1-30 person other than the victim and may include, but is not 1-31 limited to, substantially blackened eyes, substantially 1-32 swollen lips or other facial or body parts, or substantial 1-33 bruises to body parts. S. B. 610 -1- (Index) SB 610/AP 2- 1 (c) Except as provided in subsections (d), (e), and (f), 2- 2 and (g) of this Code section, a person who commits the 2- 3 offense of battery is guilty of a misdemeanor. 2- 4 (d) Upon the second conviction for battery against the 2- 5 same victim, the defendant shall be punished by 2- 6 imprisonment for not less than ten days nor more than 12 2- 7 months, by a fine not to exceed $1,000.00, or both. The 2- 8 minimum sentence of ten days for a second offense shall 2- 9 not be suspended, probated, deferred, stayed, or withheld; 2-10 provided, however, that it is within the authority and 2-11 discretion of the sentencing judge to: 2-12 (1) Allow the sentence to be served on weekends by 2-13 weekend confinement or during the nonworking hours of 2-14 the defendant. A weekend shall commence and shall end 2-15 in the discretion of the sentencing judge, and the 2-16 nonworking hours of the defendant shall be determined in 2-17 the discretion of the sentencing judge; or 2-18 (2) Suspend, probate, defer, stay, or withhold the 2-19 minimum sentence where there exists clear and convincing 2-20 evidence that imposition of the minimum sentence would 2-21 either create an undue hardship upon the defendant or 2-22 result in a failure of justice. 2-23 (e) Upon a third or subsequent conviction for battery 2-24 against the same victim, the defendant shall be guilty of 2-25 a felony and shall be punished by imprisonment for not 2-26 less than one nor more than five years. The minimum 2-27 sentence provisions contained in subsection (d) of this 2-28 Code section shall apply to sentences imposed pursuant to 2-29 this subsection. 2-30 (f) If the offense of battery is committed between past or 2-31 present spouses, persons who are parents of the same 2-32 child, parents and children, stepparents and stepchildren, 2-33 foster parents and foster children, or other persons 2-34 living or formerly living in the same household, then such 2-35 offense shall constitute the offense of family violence 2-36 battery and shall be punished as follows: 2-37 (1) Upon a first conviction of family violence battery, 2-38 the defendant shall be guilty of and punished for a 2-39 misdemeanor. 2-40 (2) Upon a second or subsequent conviction of family 2-41 violence battery against the same or another victim, the 2-42 defendant shall be guilty of a felony and shall be S. B. 610 -2- (Index) SB 610/AP 3- 1 punished by imprisonment for not less than one nor more 3- 2 than five years. In no event shall this subsection (f) 3- 3 be applicable to reasonable corporal punishment 3- 4 administered by parent to child. 3- 5 (f)(g) Any person who commits the offense of battery in a 3- 6 public transit vehicle or station shall, upon conviction 3- 7 thereof, be punished for a misdemeanor of a high and 3- 8 aggravated nature. For purposes of this Code section, 3- 9 'public transit vehicle' has the same meaning as in 3-10 subsection (c) of Code Section 16-5-20." SECTION 2. 3-11 Article 3 of Chapter 13 of Title 19 of the Official Code of 3-12 Georgia Annotated, relating to the State Commission on 3-13 Family Violence, is amended by striking in their entirety 3-14 subsections (a) and (c) of Code Section 19-13-32, relating 3-15 to the membership of the State Commission on Family 3-16 Violence, and inserting in lieu thereof the following: 3-17 "(a) The State Commission on Family Violence shall consist 3-18 of 36 37 members: 3-19 (1) Three ex officio members shall be the director of 3-20 the Division of Family and Children Services, the 3-21 director of Women's Health Services in the division of 3-22 public health of the Department of Human Resources, and 3-23 the Attorney General; 3-24 (2) Three members shall be members of the House of 3-25 Representatives and shall be appointed by the Speaker of 3-26 the House; 3-27 (3) Three members shall be members of the Senate and 3-28 shall be appointed by the President of the Senate; 3-29 (4) The remaining members shall be appointed by the 3-30 Governor as follows: 3-31 (A) One judge from each judicial administrative 3-32 district; 3-33 (B) Three advocates for battered women recommended by 3-34 groups which have addressed the problem of family 3-35 violence; and 3-36 (C) One person with expertise and interest regarding 3-37 family violence involving persons who are 60 years of 3-38 age or older; S. B. 610 -3- (Index) SB 610/AP 4- 1 (D) One person with expertise and interest regarding 4- 2 family violence involving children; and 4- 3 (C)(E) One representative from each of the following: 4- 4 (i) The Administrative Office of the Courts; 4- 5 (ii) The Georgia Peace Officer Standards and 4- 6 Training Council; 4- 7 (iii) The Georgia Association of Chiefs of Police; 4- 8 (iv) The District Attorneys Association of Georgia; NB. 6 (v) The State Board of Pardons and Paroles; 4-10 (vi) The probation system; 4-11 (vii) The Georgia Sheriffs' Association; 4-12 (viii) The Criminal Justice Coordinating Council; 4-13 (ix) The Solicitors Association of Georgia; 4-14 (x) The legal aid community; 4-15 (xi) The academic community; 4-16 (xii) Men Stopping Violence; and 4-17 (xiii) A former victim of domestic violence." 4-18 "(c) Members serving on July 1, 1996, or persons appointed 4-19 to complete the unexpired terms of members serving on July 4-20 1, 1996, shall complete the terms for which they were 4-21 appointed. The term of appointment shall be three years 4-22 for initial successors to members appointed in accordance 4-23 with the following provisions of subsection (a) of this 4-24 Code section: paragraph (2) and divisions (ii), (iv), 4-25 (vi), (viii), (x), and (xii) of subparagraph (E) of 4-26 paragraph (4). The term of appointment shall be three 4-27 years for the initial members appointed in accordance with 4-28 subparagraphs (a)(4)(C) and (a)(4)(D) of this Code 4-29 section. Initial successors to judicial members appointed 4-30 to represent even-numbered judicial administrative 4-31 districts shall be appointed for terms of three years. Two 4-32 of the initial successors for members appointed in 4-33 accordance with subparagraph (a)(4)(B) this Code section 4-34 shall be appointed for terms of three years. The term of 4-35 appointment shall be two years for initial successors to 4-36 all other members except those serving ex officio. The 4-37 letter of appointment shall set out the term for which 4-38 each member is appointed. Thereafter, each member shall be S. B. 610 -4- (Index) SB 610/AP 5- 1 appointed shall serve for a term of three two years, and 5- 2 no member may serve more than two consecutive terms. All 5- 3 vacancies shall be filled for the unexpired term by an 5- 4 appointee of the original appointing official." SECTION 3. 5- 5 Said article is further amended by striking in its entirety 5- 6 subsection (b) of Code Section 19-13-33, relating to the 5- 7 commission's meetings, quorum, and expenses, and inserting 5- 8 in lieu thereof the following: 5- 9 "(b) A quorum for transacting business shall be a majority 5-10 of determined by the members of the commission." SECTION 4. 5-11 An Act creating the State Commission on Family Violence, 5-12 approved April 16, 1992 (Ga. L. 1992, p. 1810), is amended 5-13 by striking in its entirety Section 2, and inserting in lieu 5-14 thereof the following: "SECTION 2. 5-15 The commission shall be terminated on January 1, 2002." SECTION 5. 5-16 This Act shall become effective July 1, 1996, and Section 1 5-17 of this Act shall apply only with respect to offenses 5-18 committed on or after that effective date. SECTION 6. 5-19 All laws and parts of laws in conflict with this Act are 5-20 repealed. S. B. 610 -5- (Index)

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