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