23 LC 48 0662
S. B. 36
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Senate Bill 36
By: Senators Robertson of the 29th, Albers of the 56th, Kirkpatrick of the 32nd, Echols of
the 49th, Hatchett of the 50th and others
A BILL TO BE ENTITLED
AN ACT
To amend Code Section 16-6-13 of the Official Code of Georgia Annotated, relating to
1
penalties for violating Code Sections 16-6-9 through 16-6-12, so as to increase the penalty2
provisions relating to pimping and pandering; to provide for a definition; to provide for3
related matters; to repeal conflicting laws; and for other purposes.4
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:5
SECTION 1.6
Code Section 16-6-13 of the Official Code of Georgia Annotated, relating to penalties for7
violating Code Sections 16-6-9 through 16-6-12, is amended by revising subsections (a)8
and (b) as follows:9
"(a) Except as otherwise provided in subsection (b) of this Code section, a person10
convicted of violating:11
(1) Code Section 16-6-10 shall be punished as for a misdemeanor of a high and12
aggravated nature, and at the sole discretion of the judge, all but 24 hours of any term of13
imprisonment imposed may be suspended, stayed, or probated;14
(2) Code Section 16-6-9 shall be punished as for a misdemeanor;15
(3) Code Section 16-6-11 for a:16 23 LC 48 0662
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(A) First offense shall be punished as for a misdemeanor of a high and aggravated17
nature, and at the sole discretion of the judge, all but 72 hours of any term of18
imprisonment imposed may be suspended, stayed, or probated guilty of a felony and19
shall be punished by a term of imprisonment of not less than one nor more than ten20
years; and21
(B) Second or subsequent offense shall be guilty of a felony and shall be punished by22
a term of imprisonment of not less than one year nor more than ten years and shall be23
sentenced to a mandatory minimum term of imprisonment of one year and no portion24
of the mandatory minimum sentence imposed shall be suspended, stayed, or probated25
by the sentencing court; provided, however, that in the court's discretion, the court may26
depart from such mandatory minimum sentence when the prosecuting attorney and27
defendant have agreed to a sentence that is below such mandatory minimum; or28
(4) Code Section 16-6-12 for a:29
(A) First offense shall be punished as for a misdemeanor of a high and aggravated30
nature, and at the sole discretion of the judge, all but 72 hours of any term of31
imprisonment imposed may be suspended, stayed, or probated guilty of a felony and32
shall be punished by a term of imprisonment of not less than one nor more than ten33
years; and34
(B) Second or subsequent offense shall be guilty of a felony and shall be punished by35
a term of imprisonment of not less than one year nor more than ten years and shall be36
sentenced to a mandatory minimum term of imprisonment of one year and no portion37
of the mandatory minimum sentence imposed shall be suspended, stayed, or probated38
by the sentencing court; provided, however, that in the court's discretion, the court may39
depart from such mandatory minimum sentence when the prosecuting attorney and40
defendant have agreed to a sentence that is below such mandatory minimum.41
(b)(1) For purposes of this subsection, the term 'sex worker' shall have the same meaning42
as provided in Code Section 16-6-9. Reserved.43 23 LC 48 0662
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(2) A person convicted of any of the offenses enumerated in Code Sections 16-6-10
44
through 16-6-12 when such offense involves the conduct of a person
sex worker under45
the age of 18 years shall for a:46
(A) First offense shall be guilty of a felony and shall be punished by imprisonment for47
a period of not less than ten nor more than 30 years and a fine of not more than48
$100,000.00; and49
(B) Second or subsequent offense shall be guilty of a felony and shall be punished by50
imprisonment for a period of not less than ten nor more than 30 years and a fine of not51
more than $100,000.00 and shall be sentenced to a mandatory minimum term of52
imprisonment of one year and no portion of the mandatory minimum sentence imposed53
shall be suspended, stayed, or probated by the sentencing court; provided, however, that54
in the court's discretion, the court may depart from such mandatory minimum sentence55
when the prosecuting attorney and defendant have agreed to a sentence that is below56
such mandatory minimum; and provided, further, that the mandatory minimum57
sentence provided for in this subparagraph shall not apply to the offenses enumerated58
in Code Section 16-6-10."59
SECTION 2.60
All laws and parts of laws in conflict with this Act are repealed.61