| 1 | 1 | | 23 LC 48 0957 |
|---|
| 2 | 2 | | H. B. 834 |
|---|
| 3 | 3 | | - 1 - |
|---|
| 4 | 4 | | House Bill 834 |
|---|
| 5 | 5 | | By: Representatives Powell of the 33 |
|---|
| 6 | 6 | | rd |
|---|
| 7 | 7 | | , Smith of the 18 |
|---|
| 8 | 8 | | th |
|---|
| 9 | 9 | | , and Leverett of the 123 |
|---|
| 10 | 10 | | rd |
|---|
| 11 | 11 | | |
|---|
| 12 | 12 | | A BILL TO BE ENTITLED |
|---|
| 13 | 13 | | AN ACT |
|---|
| 14 | 14 | | To amend Code Section 24-4-414 of the Official Code of Georgia Annotated, relating to |
|---|
| 15 | 15 | | 1 |
|---|
| 16 | 16 | | evidence of similar transaction crimes in child molestation cases, so as to provide for the2 |
|---|
| 17 | 17 | | grooming of a child to engage in sexual conduct be considered admissible evidence in3 |
|---|
| 18 | 18 | | criminal proceedings; to provide for a definition; to provide for related matters; to repeal4 |
|---|
| 19 | 19 | | conflicting laws; and for other purposes.5 |
|---|
| 20 | 20 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6 |
|---|
| 21 | 21 | | SECTION 1.7 |
|---|
| 22 | 22 | | Code Section 24-4-414 of the Official Code of Georgia Annotated, relating to evidence of8 |
|---|
| 23 | 23 | | similar transaction crimes in child molestation cases, is amended as follows:9 |
|---|
| 24 | 24 | | "24-4-414.10 |
|---|
| 25 | 25 | | (a) In a criminal proceeding in which the accused is accused of an offense of child11 |
|---|
| 26 | 26 | | molestation, evidence of the accused's commission of another offense of child molestation12 |
|---|
| 27 | 27 | | or grooming of a child to engage in sexual conduct |
|---|
| 28 | 28 | | shall be admissible and may be13 |
|---|
| 29 | 29 | | considered for its bearing on any matter to which it is relevant.14 |
|---|
| 30 | 30 | | (b) In a proceeding in which the state intends to offer evidence under this Code section,15 |
|---|
| 31 | 31 | | the prosecuting attorney shall disclose the evidence to the accused, including statements16 23 LC 48 0957 |
|---|
| 32 | 32 | | H. B. 834 |
|---|
| 33 | 33 | | - 2 - |
|---|
| 34 | 34 | | of witnesses or a summary of the substance of any testimony that the prosecuting attorney |
|---|
| 35 | 35 | | 17 |
|---|
| 36 | 36 | | expects to offer, at least ten days in advance of trial, unless the time is shortened or18 |
|---|
| 37 | 37 | | lengthened or pretrial notice is excused by the judge upon good cause shown.19 |
|---|
| 38 | 38 | | (c) This Code section shall not be the exclusive means to admit or consider evidence20 |
|---|
| 39 | 39 | | described under this Code section.21 |
|---|
| 40 | 40 | | (d) For purposes of this Code section, the term: |
|---|
| 41 | 41 | | 22 |
|---|
| 42 | 42 | | (1) 'Grooming' means engaging in a pattern of behavior by an individual with either23 |
|---|
| 43 | 43 | | authority or influence over a child, including but not limited to through age, a position24 |
|---|
| 44 | 44 | | of trust, or other means, to normalize sexual advances or sexual contact toward such25 |
|---|
| 45 | 45 | | child.26 |
|---|
| 46 | 46 | | (2) 'Offense of child molestation' means any conduct or attempt or conspiracy to engage27 |
|---|
| 47 | 47 | | in:28 |
|---|
| 48 | 48 | | (d) As used in this Code section, the term 'offense of child molestation' means any conduct29 |
|---|
| 49 | 49 | | or attempt or conspiracy to engage in:30 |
|---|
| 50 | 50 | | (1)(A) Conduct that would be a violation of Code Section 16-6-4, 16-6-5, 16-12-100,31 |
|---|
| 51 | 51 | | 16-12-100.2, or 16-12-100.3;32 |
|---|
| 52 | 52 | | (2)(B) Any crime that involves contact between any part of the accused's body or an33 |
|---|
| 53 | 53 | | object and the genitals or anus of a child;34 |
|---|
| 54 | 54 | | (3)(C) Any crime that involves contact between the genitals or anus of the accused and35 |
|---|
| 55 | 55 | | any part of the body of a child; or36 |
|---|
| 56 | 56 | | (4)(D) Any crime that involves deriving sexual pleasure or gratification from the37 |
|---|
| 57 | 57 | | infliction of death, bodily injury, or physical pain on a child."38 |
|---|
| 58 | 58 | | SECTION 2.39 |
|---|
| 59 | 59 | | All laws and parts of laws in conflict with this Act are repealed.40 |
|---|