24 HB 1201/AP
House Bill 1201 (AS PASSED HOUSE AND SENATE)
By: Representatives Gaines of the 120
th
, Smith of the 18
th
, Jones of the 47
th
, Silcox of the
53
rd
, Hong of the 103
rd
, and others
A BILL TO BE ENTITLED
AN ACT
To amend Titles 15, 17, 35, and 49 of the Official Code of Georgia Annotated, relating to
1
courts, criminal procedure, law enforcement officers and agencies, and social services,2
respectively, so as to provide for certain services and protections for victims of trafficking;3
to provide for definitions; to provide for the vacating of certain sentences of victims of4
trafficking sentenced under Article 3 of Chapter 8 of Title 42, relating to first offenders; to5
provide for related matters; to provide for an effective date; to repeal conflicting laws; and6
for other purposes.7
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8
SECTION 1.9
Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended in Code10
Section 15-11-2, relating to definitions relative to the juvenile code, by adding a new11
paragraph to read as follows:12
"(13.05) 'Commercial sexual exploitation recovery center' means a child-caring
13
institution certified as a victim assistance program, as provided for in subsection (e) of14
Code Section 15-21-132, which provides full-time residential care and support services15
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to youth through 18 years of age who are victims of sexual exploitation as defined in16
Code Section 49-5-40."17
SECTION 2.18
Title 17 of the Official Code of Georgia Annotated, relating criminal procedure, is amended19
in Code Section 17-10-21, relating to vacating of sentence for trafficking victim defendants,20
by revising paragraphs (1), (4), and (5) of subsection (a) as follows:21
"(1) A defendant convicted of an offense and sentenced, or a defendant who was22
sentenced pursuant to Code Section 42-8-60 or 16-13-2, as a direct result of the defendant23
being the victim of an offense of trafficking under Code Section 16-5-46 may petition the24
court imposing the sentence to vacate such conviction and sentence or the sentence25
imposed pursuant to Code Section 42-8-60 or 16-13-2. Such court shall maintain the26
jurisdiction, power, and authority to vacate such conviction and sentence."27
"(4) If the prosecuting attorney, to the court, consents in writing to the vacatur of such28
conviction or fails to respond to such petition within 30 days of service, the court29
imposing the conviction and sentence or the sentence imposed pursuant to Code30
Section 42-8-60 or 16-13-2 shall, without notice or hearing, issue an order vacating the31
conviction and sentence or the sentence imposed pursuant to Code Section 42-8-6032
or 16-13-2 and shall also issue an order restricting access to criminal history record33
information for such offense.34
(5)(A) If the prosecuting attorney, to the court, objects in writing to the petition, the35
court shall hold a hearing within 90 days of the filing of the petition. The court shall36
hear evidence and determine, by a preponderance of the evidence, whether the37
defendant committed such offense as a direct result of being the victim of an offense38
of trafficking under Code Section 16-5-46. If the court finds, by a preponderance of the39
evidence, that the defendant committed such offense as a direct result of being the40
victim of an offense of trafficking under Code Section 16-5-46, the court may issue an41
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order vacating the conviction and sentence or the sentence imposed pursuant to Code42
Section 42-8-60 or 16-13-2. The vacatur of a sentence under this paragraph which was43
imposed pursuant to Code Section 42-8-60 or 16-13-2 shall result in the discharge and44
dismissal of the action.45
(B) If such order to vacate is issued, the court shall also issue an order restricting46
access to criminal history record information for such offense and no fee shall be47
charged by the Georgia Crime Information Center or any other entity for restricting48
access to criminal history record information under this paragraph.49
(C) As used in this paragraph, the term 'restrict' shall have the same meaning as set50
forth in Code Section 35-3-37."51
SECTION 3.52
Title 35 of the Official Code of Georgia Annotated, relating law enforcement officers and53
agencies, is amended in Code Section 35-3-37, relating to review of individual's criminal54
history record information, definitions, privacy considerations, written application requesting55
review, and inspection, by revising paragraph (6) of subsection (j) as follows:56
"(6)(A) A defendant convicted of an offense and sentenced, or a defendant who was57
sentenced pursuant to Code Section 42-8-60 or 16-13-2, while such individual was a58
victim of an offense of trafficking under Code Section 16-5-46 may petition the court59
imposing the sentence to restrict such conviction and the sentence or sentence imposed60
pursuant to Code Section 42-8-60 or 16-13-2. Such court shall maintain the61
jurisdiction, power, and authority to restrict such conviction and sentence.62
(B) The defendant shall serve the petition provided for under paragraph (1) of this63
subsection upon the prosecuting attorney, and such petition:64
(i) Shall be submitted on a form promulgated by the Attorney General; and65
(ii) May include documentation of a defendant's status as a victim of an offense of66
trafficking under Code Section 16-5-46 at the time of the offense; provided, however,67
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that official documentation shall not be required to obtain relief under this paragraph.
68
Such documentation shall create a rebuttable presumption that the defendant was a69
victim of trafficking under Code Section 16-5-46. As used in this subparagraph, the70
term 'official documentation' includes, but is not limited to, the following:71
(I) A copy of an official record, certification, or eligibility letter from a federal,72
state, tribal, or local proceeding showing that the defendant was a victim of73
trafficking under Code Section 16-5-46;74
(II) An affidavit, a letter, or sworn testimony from a member of the clergy, medical75
professional, member of a victim services organization, or certified, licensed, or76
registered professional from whom the defendant has sought assistance, counseling,77
or legal counsel related to his or her victimization; or78
(III) Any other evidence that the court determines is of sufficient credibility or79
probative value.80
(C) If the prosecuting attorney, to the court, consents in writing to the restriction of81
such conviction and sentence or the sentence imposed pursuant to Code
82
Section 42-8-60 or 16-13-2 or fails to respond to such petition within 30 days of83
service, the court imposing the conviction and sentence or the sentence imposed84
pursuant to Code Section 42-8-60 or 16-13-2 shall, without notice or hearing, issue an85
order restricting the conviction and sentence access to criminal history record86
information for such offense.87
(D) If the prosecuting attorney, to the court, objects in writing to the petition, the court88
shall determine, by a preponderance of the evidence, whether the defendant committed89
such offense while such individual was a victim of an offense of trafficking under Code90
Section 16-5-46. If the court finds, by a preponderance of the evidence, that the91
defendant committed such offense while such individual was a victim of an offense of92
trafficking under Code Section 16-5-46, the court may issue an order restricting the93
conviction and sentence access to criminal history record information for such offense. 94
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The court shall hold a hearing within 90 days of the filing of the petition to hear
95
evidence for purposes of making a determination under this subparagraph or make a96
determination upon the pleadings or record.97
(E) When the petition provided for under subparagraph (A) of this paragraph is filed,98
it shall be filed under seal.99
(F) For purposes of considering such petition, testimony from the defendant or any100
other party may be taken by the court by remote electronic means.101
(G) No fee shall be charged to an individual for restricting access to criminal history102
record information under this paragraph."103
SECTION 4.104
Title 49 of the Official Code of Georgia Annotated, relating to social services, is amended105
in Code Section 49-5-3, relating to definitions relative to children and youth services, by106
revising paragraphs (3) and (13) and by adding new paragraph to read as follows:107
"(3) 'Child-caring institution' means any institution, society, agency, or facility, whether108
incorporated or not, which either primarily or incidentally provides full-time care for109
children through 18 years of age outside of their own homes, subject to such exceptions110
as may be provided in rules and regulations of the board. Such term includes a
111
commercial sexual exploitation recovery center."112
"(6.1) 'Commercial sexual exploitation recovery center' means a child-caring institution113
certified as a victim assistance program, as provided for in subsection (e) of Code114
Section 15-21-132, which provides full-time residential care and support services to115
youth through 18 years of age who are victims of sexual exploitation as defined in Code116
Section 49-5-40."117
"(13) 'Maternity home' means any place in which any person, society, agency,118
corporation, or facility receives, treats, or cares for, within any six-month period, more119
than one pregnant woman whose child is to be born out of wedlock, either before, during,120
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or within two weeks after childbirth. This definition shall not include women who
121
receive maternity care in the home of a relative or in general or special hospitals, licensed122
according to law, in which maternity treatment and care is part of the medical services123
performed and the care of children is only brief and incidental. Such term shall not
124
include a commercial sexual exploitation recovery center."125
SECTION 5.126
This Act shall become effective upon its approval by the Governor or upon its becoming law127
without such approval.128
SECTION 6.129
All laws and parts of laws in conflict with this Act are repealed.130
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