Georgia 2023-2024 Regular Session

Georgia House Bill HB1201 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	24 HB 1201/AP
2		-	House Bill 1201 (AS PASSED HOUSE AND SENATE)
3		-	By: Representatives Gaines of the 120
4		-	th
5		-	, Smith of the 18
6		-	th
7		-	, Jones of the 47
8		-	th
9		-	, Silcox of the
10		-	53
11		-	rd
12		-	, Hong of the 103
13		-	rd
14		-	, and others
	1	+	24 LC 52 0534S
	2	+	The Senate Committee on Judiciary offered the following
	3	+	substitute to HB 1201:
15	4		A BILL TO BE ENTITLED
16	5		AN ACT
17		-	To amend Titles 15, 17, 35, and 49 of the Official Code of Georgia Annotated, relating to
18		-	1
	6	+	To amend Titles 15, 17, 35, and 49 of the Official Code of Georgia Annotated, relating to1
19	7		courts, criminal procedure, law enforcement officers and agencies, and social services,2
20	8		respectively, so as to provide for certain services and protections for victims of trafficking;3
21	9		to provide for definitions; to provide for the vacating of certain sentences of victims of4
22	10		trafficking sentenced under Article 3 of Chapter 8 of Title 42, relating to first offenders; to5
23	11		provide for related matters; to provide for an effective date; to repeal conflicting laws; and6
24	12		for other purposes.7
25	13		BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8
26	14		SECTION 1.9
27	15		Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended in Code10
28	16		Section 15-11-2, relating to definitions relative to the juvenile code, by adding a new11
29	17		paragraph to read as follows:12
30		-	"(13.05) 'Commercial sexual exploitation recovery center' means a child-caring
31		-	13
	18	+	"(13.05) 'Commercial sexual exploitation recovery center' means a child-caring13
32	19		institution certified as a victim assistance program, as provided for in subsection (e) of14
33	20		Code Section 15-21-132, which provides full-time residential care and support services15
34		-	H. B. 1201
35		-	- 1 - 24 HB 1201/AP
	21	+	- 1 - 24 LC 52 0534S
36	22		to youth through 18 years of age who are victims of sexual exploitation as defined in16
37	23		Code Section 49-5-40."17
38	24		SECTION 2.18
39	25		Title 17 of the Official Code of Georgia Annotated, relating criminal procedure, is amended19
40	26		in Code Section 17-10-21, relating to vacating of sentence for trafficking victim defendants,20
41	27		by revising paragraphs (1), (4), and (5) of subsection (a) as follows:21
42	28		"(1) A defendant convicted of an offense and sentenced, or a defendant who was22
43	29		sentenced pursuant to Code Section 42-8-60 or 16-13-2, as a direct result of the defendant23
44	30		being the victim of an offense of trafficking under Code Section 16-5-46 may petition the24
45	31		court imposing the sentence to vacate such conviction and sentence or the sentence25
46	32		imposed pursuant to Code Section 42-8-60 or 16-13-2. Such court shall maintain the26
47	33		jurisdiction, power, and authority to vacate such conviction and sentence."27
48	34		"(4) If the prosecuting attorney, to the court, consents in writing to the vacatur of such28
49	35		conviction or fails to respond to such petition within 30 days of service, the court29
50	36		imposing the conviction and sentence or the sentence imposed pursuant to Code30
51	37		Section 42-8-60 or 16-13-2 shall, without notice or hearing, issue an order vacating the31
52	38		conviction and sentence or the sentence imposed pursuant to Code Section 42-8-6032
53	39		or 16-13-2 and shall also issue an order restricting access to criminal history record33
54	40		information for such offense.34
55	41		(5)(A) If the prosecuting attorney, to the court, objects in writing to the petition, the35
56	42		court shall hold a hearing within 90 days of the filing of the petition. The court shall36
57	43		hear evidence and determine, by a preponderance of the evidence, whether the37
58	44		defendant committed such offense as a direct result of being the victim of an offense38
59	45		of trafficking under Code Section 16-5-46. If the court finds, by a preponderance of the39
60	46		evidence, that the defendant committed such offense as a direct result of being the40
61	47		victim of an offense of trafficking under Code Section 16-5-46, the court may issue an41
62		-	H. B. 1201
63		-	- 2 - 24 HB 1201/AP
	48	+	- 2 - 24 LC 52 0534S
64	49		order vacating the conviction and sentence or the sentence imposed pursuant to Code42
65	50		Section 42-8-60 or 16-13-2. The vacatur of a sentence under this paragraph which was43
66	51		imposed pursuant to Code Section 42-8-60 or 16-13-2 shall result in the discharge and44
67	52		dismissal of the action.45
68	53		(B) If such order to vacate is issued, the court shall also issue an order restricting46
69	54		access to criminal history record information for such offense and no fee shall be47
70	55		charged by the Georgia Crime Information Center or any other entity for restricting48
71	56		access to criminal history record information under this paragraph.49
72	57		(C) As used in this paragraph, the term 'restrict' shall have the same meaning as set50
73	58		forth in Code Section 35-3-37."51
74	59		SECTION 3.52
75	60		Title 35 of the Official Code of Georgia Annotated, relating law enforcement officers and53
76	61		agencies, is amended in Code Section 35-3-37, relating to review of individual's criminal54
77	62		history record information, definitions, privacy considerations, written application requesting55
78	63		review, and inspection, by revising paragraph (6) of subsection (j) as follows:56
79	64		"(6)(A) A defendant convicted of an offense and sentenced, or a defendant who was57
80	65		sentenced pursuant to Code Section 42-8-60 or 16-13-2, while such individual was a58
81	66		victim of an offense of trafficking under Code Section 16-5-46 may petition the court59
82	67		imposing the sentence to restrict such conviction and the sentence or sentence imposed60
83	68		pursuant to Code Section 42-8-60 or 16-13-2. Such court shall maintain the61
84	69		jurisdiction, power, and authority to restrict such conviction and sentence.62
85	70		(B) The defendant shall serve the petition provided for under paragraph (1) of this63
86	71		subsection upon the prosecuting attorney, and such petition:64
87	72		(i) Shall be submitted on a form promulgated by the Attorney General; and65
88	73		(ii) May include documentation of a defendant's status as a victim of an offense of66
89	74		trafficking under Code Section 16-5-46 at the time of the offense; provided, however,67
90		-	H. B. 1201
91		-	- 3 - 24 HB 1201/AP
92		-	that official documentation shall not be required to obtain relief under this paragraph.
93		-	68
	75	+	- 3 - 24 LC 52 0534S
	76	+	that official documentation shall not be required to obtain relief under this paragraph. 68
94	77		Such documentation shall create a rebuttable presumption that the defendant was a69
95	78		victim of trafficking under Code Section 16-5-46. As used in this subparagraph, the70
96	79		term 'official documentation' includes, but is not limited to, the following:71
97	80		(I) A copy of an official record, certification, or eligibility letter from a federal,72
98	81		state, tribal, or local proceeding showing that the defendant was a victim of73
99	82		trafficking under Code Section 16-5-46;74
100	83		(II) An affidavit, a letter, or sworn testimony from a member of the clergy, medical75
101	84		professional, member of a victim services organization, or certified, licensed, or76
102	85		registered professional from whom the defendant has sought assistance, counseling,77
103	86		or legal counsel related to his or her victimization; or78
104	87		(III) Any other evidence that the court determines is of sufficient credibility or79
105	88		probative value.80
106	89		(C) If the prosecuting attorney, to the court, consents in writing to the restriction of81
107		-	such conviction and sentence or the sentence imposed pursuant to Code
108		-	82
	90	+	such conviction and sentence or the sentence imposed pursuant to Code82
109	91		Section 42-8-60 or 16-13-2 or fails to respond to such petition within 30 days of83
110	92		service, the court imposing the conviction and sentence or the sentence imposed84
111	93		pursuant to Code Section 42-8-60 or 16-13-2 shall, without notice or hearing, issue an85
112	94		order restricting the conviction and sentence access to criminal history record86
113	95		information for such offense.87
114	96		(D) If the prosecuting attorney, to the court, objects in writing to the petition, the court88
115	97		shall determine, by a preponderance of the evidence, whether the defendant committed89
116	98		such offense while such individual was a victim of an offense of trafficking under Code90
117	99		Section 16-5-46. If the court finds, by a preponderance of the evidence, that the91
118	100		defendant committed such offense while such individual was a victim of an offense of92
119	101		trafficking under Code Section 16-5-46, the court may issue an order restricting the93
120	102		conviction and sentence access to criminal history record information for such offense. 94
121		-	H. B. 1201
122		-	- 4 - 24 HB 1201/AP
123		-	The court shall hold a hearing within 90 days of the filing of the petition to hear
124		-	95
	103	+	- 4 - 24 LC 52 0534S
	104	+	The court shall hold a hearing within 90 days of the filing of the petition to hear95
125	105		evidence for purposes of making a determination under this subparagraph or make a96
126	106		determination upon the pleadings or record.97
127	107		(E) When the petition provided for under subparagraph (A) of this paragraph is filed,98
128	108		it shall be filed under seal.99
129	109		(F) For purposes of considering such petition, testimony from the defendant or any100
130	110		other party may be taken by the court by remote electronic means.101
131	111		(G) No fee shall be charged to an individual for restricting access to criminal history102
132	112		record information under this paragraph."103
133	113		SECTION 4.104
134	114		Title 49 of the Official Code of Georgia Annotated, relating to social services, is amended105
135	115		in Code Section 49-5-3, relating to definitions relative to children and youth services, by106
136	116		revising paragraphs (3) and (13) and by adding new paragraph to read as follows:107
137	117		"(3) 'Child-caring institution' means any institution, society, agency, or facility, whether108
138	118		incorporated or not, which either primarily or incidentally provides full-time care for109
139	119		children through 18 years of age outside of their own homes, subject to such exceptions110
140		-	as may be provided in rules and regulations of the board. Such term includes a
141		-	111
	120	+	as may be provided in rules and regulations of the board. Such term includes a111
142	121		commercial sexual exploitation recovery center."112
143	122		"(6.1) 'Commercial sexual exploitation recovery center' means a child-caring institution113
144	123		certified as a victim assistance program, as provided for in subsection (e) of Code114
145	124		Section 15-21-132, which provides full-time residential care and support services to115
146	125		youth through 18 years of age who are victims of sexual exploitation as defined in Code116
147	126		Section 49-5-40."117
148	127		"(13) 'Maternity home' means any place in which any person, society, agency,118
149	128		corporation, or facility receives, treats, or cares for, within any six-month period, more119
150	129		than one pregnant woman whose child is to be born out of wedlock, either before, during,120
151		-	H. B. 1201
152		-	- 5 - 24 HB 1201/AP
153		-	or within two weeks after childbirth. This definition shall not include women who
154		-	121
	130	+	- 5 - 24 LC 52 0534S
	131	+	or within two weeks after childbirth. This definition shall not include women who121
155	132		receive maternity care in the home of a relative or in general or special hospitals, licensed122
156	133		according to law, in which maternity treatment and care is part of the medical services123
157		-	performed and the care of children is only brief and incidental. Such term shall not
158		-	124
	134	+	performed and the care of children is only brief and incidental. Such term shall not124
159	135		include a commercial sexual exploitation recovery center."125
160	136		SECTION 5.126
161	137		This Act shall become effective upon its approval by the Governor or upon its becoming law127
162	138		without such approval.128
163	139		SECTION 6.129
164	140		All laws and parts of laws in conflict with this Act are repealed.130
165		-	H. B. 1201
166	141		- 6 -