Georgia 2023-2024 Regular Session

Georgia House Bill HB1022 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	24 LC 56 0190S
2		-	The Senate Committee on Judiciary offered the following
3		-	substitute to HB 1022:
	1	+	24 LC 49 1685
	2	+	House Bill 1022
	3	+	By: Representatives Sainz of the 180
	4	+	th
	5	+	, Smith of the 18
	6	+	th
	7	+	, Dempsey of the 13
	8	+	th
	9	+	, Mainor of the
	10	+	56
	11	+	th
	12	+	, and Townsend of the 179
	13	+	th
	14	+
4	15		A BILL TO BE ENTITLED
5	16		AN ACT
6		-	To amend Article 5 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated,1
	17	+	To amend Article 5 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated,
	18	+	1
7	19		relating to cruelty to children, so as to enact the "Colton-McNeill Act"; to provide for2
8	20		sentencing of a person convicted of cruelty to children in the first or second degree against3
9		-	a disabled minor; to provide a definition; to provide for ~~deviation from certain minimum4~~
10		-	~~sentences; to provide for related matters; to repeal conflicting~~ laws; and for other purposes.5
	21	+	a disabled minor; to provide a definition; to provide for related matters; to repeal conflicting4
	22	+	laws; and for other purposes.5
11	23		BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6
12	24		SECTION 1.7
13	25		Article 5 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to8
14	26		cruelty to children, is amended by revising Code Section 16-5-70, relating to cruelty to9
15	27		children, as follows:10
16	28		"16-5-70.11
17		-	(a)(1) This Code section shall be known and may be cited as the 'Colton-McNeill Act.'12
	29	+	(a)(1) This Code section shall be known and may be cited as the 'Colton-McNeill Act.'
	30	+	12
18	31		(2) As used in this Code section, the term 'disabled minor' means any person under the13
19	32		age of 18 who has a physical or mental impairment, who has a record of such impairment,14
20	33		and whose impairment substantially affects one or more of the following:15
	34	+	H. B. 1022
	35	+	- 1 - 24 LC 49 1685
21	36		(A) Such person's ability to perform two or more activities of daily living at an16
22	37		age-appropriate level;17
23		-	- 1 - 24 LC 56 0190S
24	38		(B) Such person's mobility to the extent that daily assistance from another person is18
25	39		required and would otherwise not be required but for the impairment;19
26	40		(C) Such person's cognitive ability or brain development to the extent that daily20
27	41		assistance from another person is required and would otherwise not be required but for21
28	42		the impairment; or22
29	43		(D) Such person's physical or cognitive development to the extent that he or she is or23
30	44		will be permanently and profoundly disabled.24
31	45		(b) A parent, guardian, or other person supervising the welfare of or having immediate25
32	46		charge or custody of a child under the age of 18 commits the offense of cruelty to children26
33	47		in the first degree when such person willfully deprives the child of necessary sustenance27
34	48		to the extent that the child's health or well-being is jeopardized.28
35	49		(b)(c) Any person commits the offense of cruelty to children in the first degree when such29
36	50		person maliciously causes a child under the age of 18 cruel or excessive physical or mental30
37	51		pain.31
38	52		(c)(d) Any person commits the offense of cruelty to children in the second degree when32
39	53		such person with criminal negligence causes a child under the age of 18 cruel or excessive33
40	54		physical or mental pain.34
41	55		(d)(e) Any person commits the offense of cruelty to children in the third degree when:35
42	56		(1) Such person, who is the primary aggressor, intentionally allows a child under the age36
43	57		of 18 to witness the commission of a forcible felony, battery, or family violence battery;37
44	58		or38
45	59		(2) Such person, who is the primary aggressor, having knowledge that a child under the39
46	60		age of 18 is present and sees or hears the act, commits a forcible felony, battery, or family40
47	61		violence battery.41
	62	+	H. B. 1022
	63	+	- 2 - 24 LC 49 1685
48	64		(e)(f)(1) A person convicted of the offense of cruelty to children in the first degree as42
49	65		provided in this Code section shall be punished by imprisonment for not less than five nor43
50	66		more than 20 years.44
51		-	- 2 - 24 LC 56 0190S
52	67		(2) A person convicted of the offense of cruelty to children in the second degree shall be45
53	68		punished by imprisonment for not less than one nor more than ten years.46
54	69		(3) A person convicted of the offense of cruelty to children in the third degree shall be47
55	70		punished as for a misdemeanor upon the first or second conviction. Upon conviction of48
56	71		a third or subsequent offense of cruelty to children in the third degree, the defendant shall49
57	72		be guilty of a felony and shall be sentenced to a fine not less than $1,000.00 nor more50
58	73		than $5,000.00 or imprisonment for not less than one year nor more than three years or51
59	74		shall be sentenced to both fine and imprisonment.52
60	75		(4)(A) A person convicted of the offense of cruelty to children in the first degree53
61		-	against a disabled minor shall be punished by imprisonment for not less than 15 nor54
62		-	more than 30 years.55
63		-	(B)(i) A person convicted of the offense of cruelty to children in the second degree56
64		-	against a disabled minor shall be punished by imprisonment for not less than ten nor57
65		-	more than 20 years.58
66		-	(ii) In the court's discretion, a judge may depart from the mandatory minimum59
67		-	sentence specified in division (i) of this subparagraph if the judge concludes that the60
68		-	interests of justice will not be served by the imposition of the prescribed mandatory61
69		-	minimum sentence. If a judge departs from the mandatory minimum sentence62
70		-	pursuant to this division, the judge shall specify on the record the reasons for the63
71		-	reduction and the interests served by such departure."64
72		-	SECTION 2.65
73		-	All laws and parts of laws in conflict with this Act are repealed.66
	76	+	against a disabled minor shall be punished for not less than 15 nor more than 30 years.54
	77	+	(B) A person convicted of the offense of cruelty to children in the second degree55
	78	+	against a disabled minor shall be punished by imprisonment for not less than ten nor56
	79	+	more than 30 years."57
	80	+	SECTION 2.58
	81	+	All laws and parts of laws in conflict with this Act are repealed.59
	82	+	H. B. 1022
74	83		- 3 -