24 LC 48 1329S
The House Committee on Judiciary Non-Civil offers the following substitute to SB 36:
A BILL TO BE ENTITLED
AN ACT
To amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and1
offenses, so as to enact the "Colton-McNeill Act"; to provide for sentencing of a person2
convicted of cruelty to children in the first or second degree against a disabled minor; to3
provide a definition; to provide for deviation from certain minimum sentences; to increase4
the penalty provisions relating to pimping and pandering; to include step-grandparent and5
step-grandchild relationship relative to the offense of incest; to prohibit distribution of6
computer generated obscene material depicting a child; to amend Article 2 of Chapter 4 of7
Title 17 of the Official Code of Georgia Annotated, relating to arrest by law enforcement8
officers generally, so as to authorize federal law enforcement officers to detain persons under9
certain circumstances; to provide for revocation of such authority; to provide for a definition;10
to provide for related matters; to provide for applicability; to repeal conflicting laws; and for11
other purposes.12
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:13
S. B. 36 (SUB)
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PART I14
SECTION 1-1.15
Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is16
amended by revising Code Section 16-5-70, relating to cruelty to children, as follows:17
"16-5-70.18
(a)(1) This Code section shall be known and may be cited as the 'Colton-McNeill Act.'19
(2) As used in this Code section, the term 'disabled minor' means any person under the20
age of 18 who has a physical or mental impairment, who has a record of such impairment,21
and whose impairment substantially affects one or more of the following:22
(A) Such person's ability to perform two or more activities of daily living at an23
age-appropriate level;24
(B) Such person's mobility to the extent that daily assistance from another person is25
required and would otherwise not be required but for the impairment;26
(C) Such person's cognitive ability or brain development to the extent that daily27
assistance from another person is required and would otherwise not be required but for28
the impairment; or29
(D) Such person's physical or cognitive development to the extent that he or she is or30
will be permanently and profoundly disabled.31
(b) A parent, guardian, or other person supervising the welfare of or having immediate32
charge or custody of a child under the age of 18 commits the offense of cruelty to children33
in the first degree when such person willfully deprives the child of necessary sustenance34
to the extent that the child's health or well-being is jeopardized.35
(b)(c) Any person commits the offense of cruelty to children in the first degree when such36
person maliciously causes a child under the age of 18 cruel or excessive physical or mental37
pain.38
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(c)(d) Any person commits the offense of cruelty to children in the second degree when39
such person with criminal negligence causes a child under the age of 18 cruel or excessive40
physical or mental pain.41
(d)(e) Any person commits the offense of cruelty to children in the third degree when:42
(1) Such person, who is the primary aggressor, intentionally allows a child under the age43
of 18 to witness the commission of a forcible felony, battery, or family violence battery;44
or45
(2) Such person, who is the primary aggressor, having knowledge that a child under the46
age of 18 is present and sees or hears the act, commits a forcible felony, battery, or family47
violence battery.48
(e)(f)(1) A person convicted of the offense of cruelty to children in the first degree as49
provided in this Code section shall be punished by imprisonment for not less than five nor50
more than 20 years.51
(2) A person convicted of the offense of cruelty to children in the second degree shall be52
punished by imprisonment for not less than one nor more than ten years.53
(3) A person convicted of the offense of cruelty to children in the third degree shall be54
punished as for a misdemeanor upon the first or second conviction. Upon conviction of55
a third or subsequent offense of cruelty to children in the third degree, the defendant shall56
be guilty of a felony and shall be sentenced to a fine not less than $1,000.00 nor more57
than $5,000.00 or imprisonment for not less than one year nor more than three years or58
shall be sentenced to both fine and imprisonment.59
(4)(A) A person convicted of the offense of cruelty to children in the first degree60
against a disabled minor shall be punished by imprisonment for not less than 15 nor61
more than 30 years.62
(B)(i) A person convicted of the offense of cruelty to children in the second degree63
against a disabled minor shall be punished by imprisonment for not less than ten nor64
more than 20 years.65
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(ii) In the court's discretion, a judge may depart from the mandatory minimum66
sentence specified in division (i) of this subparagraph if the judge concludes that the67
interests of justice will not be served by the imposition of the prescribed mandatory68
minimum sentence. If a judge departs from the mandatory minimum sentence69
pursuant to this division, the judge shall specify on the record the reasons for the70
reduction and the interests served by such departure."71
PART II 72
SECTION 2-1.73
Said title is further amended in Code Section 16-6-13, relating to penalties for violating Code74
Sections 16-6-9 through 16-6-12, by revising subsection (a) as follows:75
"(a) Except as otherwise provided in subsection (b) of this Code section, a person76
convicted of violating:77
(1) Code Section 16-6-10 shall be punished as for a misdemeanor of a high and78
aggravated nature, and at the sole discretion of the judge, all but 24 hours of any term of79
imprisonment imposed may be suspended, stayed, or probated;80
(2) Code Section 16-6-9 shall be punished as for a misdemeanor;81
(3) Code Section 16-6-11 for a:82
(A) First offense shall be punished as for a misdemeanor of a high and aggravated83
nature, and at the sole discretion of the judge, all but 72 hours of any term of84
imprisonment imposed may be suspended, stayed, or probated guilty of a felony and85
shall be punished by a term of imprisonment of not less than one nor more than ten86
years; and87
(B) Second or subsequent offense shall be guilty of a felony and shall be punished by88
a term of imprisonment of not less than one year nor more than ten years and shall be89
sentenced to a mandatory minimum term of imprisonment of three years and no portion90
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of the mandatory minimum sentence imposed shall be suspended, stayed, or probated91
by the sentencing court; provided, however, that in the court's discretion, the court may92
depart from such mandatory minimum sentence if the interest of justice will not be93
served by the imposition of the prescribed mandatory minimum, with such findings94
stated on the record by the court; or95
(4) Code Section 16-6-12 for a:96
(A) First offense shall be punished as for a misdemeanor of a high and aggravated97
nature, and at the sole discretion of the judge, all but 72 hours of any term of98
imprisonment imposed may be suspended, stayed, or probated guilty of a felony and99
shall be punished by a term of imprisonment of not less than one nor more than ten100
years; and101
(B) Second or subsequent offense shall be guilty of a felony and shall be punished by102
a term of imprisonment of not less than one year nor more than ten years and shall be103
sentenced to a mandatory minimum term of imprisonment of two years and no portion104
of the mandatory minimum sentence imposed shall be suspended, stayed, or probated105
by the sentencing court; provided, however, that in the court's discretion, the court may106
depart from such mandatory minimum sentence if the interest of justice will not be107
served by the imposition of the prescribed mandatory minimum, with such findings108
stated on the record by the court."109
SECTION 2-2.110
Said title is further amended in Code Section 16-6-22, relating to incest, is amended by111
revising paragraph (4) of subsection (a) as follows:112
"(4) Grandparent and grandchild of the whole blood or of the half blood or113
step-grandchild;"114
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SECTION 2-3.115
Said title is further amended in amended by repealing Code Section 16-12-80, relating to116
distributing obscene material, obscene material defined, and penalty, and enacting a new117
Code Section 16-12-80 to read as follows:118
"16-12-80.119
(a) As used in this Code section, the term:120
(1) 'Artificial intelligence system' means an engineered or machine based system that121
emulates the capability of a person to receive audio, visual, text, or any other form of122
information and uses the information received to emulate a human cognitive process,123
including, but not limited to, learning, generalizing, reasoning, planning, predicting,124
acting, or communicating; provided, however, that artificial intelligence systems may125
vary in the forms of information they can receive and in the human cognitive processes126
they can emulate.127
(2) 'Child' means any person under the age of 16 years.128
(3) 'Sexually explicit conduct' shall have the same meaning as provided in Code129
Section 16-12-100.130
(b) Any person commits the crime of distribution of computer generated obscene material131
depicting a child when he or she knowingly distributes, solicits, or possesses with intent132
to distribute a visual depiction of any kind, including an electronic image, electronic video,133
drawing, sculpture, or painting, that:134
(1) Depicts an image that appears to be of a child, and that would appear realistic to an135
average observer, engaging in sexually explicit conduct, whether between persons of the136
same or opposite sex;137
(2) Is obscene; and138
(3) Was created through the use of an artificial intelligence system.139
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(c) A person who commits the crime proscribed in subsection (b) of this Code section shall140
be guilty of a felony and punished by imprisonment for not less than one year nor more141
than 15 years.142
(d) It is not a required element of an offense under this Code section that the child depicted143
actually exists.144
(e) Material is obscene if:145
(1) To an average person, applying contemporary community standards, taken as a146
whole, it predominantly appeals to the prurient interest, that is, a shameful or morbid147
interest in nudity, sex, or excretion;148
(2) The material taken as a whole lacks serious literary, artistic, political, or scientific149
value; and150
(3) The material depicts or describes, in a patently offensive way, sexual conduct.151
(f) If the court orders a sentence to be probated in whole or in part, as a condition the court152
may impose any or all of the requirements set forth in subsection (b) of Code153
Section 42-8-35."154
PART III 155
SECTION 3-1.156
Article 2 of Chapter 4 of Title 17 of the Official Code of Georgia Annotated, relating to157
arrest by law enforcement officers generally, is amended by revising Code Section 17-4-20,158
relating to authorization of arrests with and without warrants generally, use of deadly force,159
adoption or promulgation of conflicting regulations, policies, ordinances, and resolutions,160
and authority of nuclear power facility security officer, as follows:161
"17-4-20.162
(a)(1) An arrest for a crime may be made by a law enforcement officer:163
(A) Under a warrant; or164
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(B) Without a warrant if:165
(i) The offense is committed in such officer's presence or within such officer's166
immediate knowledge;167
(ii) The offender is endeavoring to escape;168
(iii) The officer has probable cause to believe that an act of family violence, as169
defined in Code Section 19-13-1, has been committed;170
(iv) The officer has probable cause to believe that the offender has violated a criminal171
family violence order, as defined in Code Section 16-5-95; provided, however, that172
such officer shall not have any prior or current familial relationship with the alleged173
victim or the offender;174
(v) The officer has probable cause to believe that an offense involving physical abuse175
has been committed against a vulnerable adult, who shall be for the purposes of this176
subsection a person 18 years old or older who is unable to protect himself or herself177
from physical or mental abuse because of a physical or mental impairment; or178
(vi) For other cause there is likely to be failure of justice for want of a judicial officer179
to issue a warrant.180
(2) Except where otherwise provided by law with respect to a law enforcement officer's181
jurisdictional duties and limitations, a law enforcement officer may make an arrest for an182
offense outside of the jurisdiction of the law enforcement agency by which he or she is183
employed without a warrant:184
(A) If the offense is committed in such officer's presence or within such officer's185
immediate knowledge;186
(B) When in immediate pursuit of an offender for an offense committed within the 187
jurisdiction of the law enforcement agency that employs such law enforcement officer;188
or189
(C) While aiding or assisting another law enforcement officer in the jurisdiction of the190
law enforcement agency employing such other law enforcement officer.191
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(3) Nothing in paragraph (2) of this subsection shall be construed as limiting sheriffs or192
deputy sheriffs in the performance of the duties and responsibilities imposed on them by193
the Constitution and laws of this state.194
(b)(1) For purposes of this subsection, the term 'federal law enforcement officer' means195
a person:196
(A) Employed by the United States government as a full-time sworn criminal law197
enforcement officer or agent;198
(B) In good standing with his or her employing federal agency;199
(C) Authorized to carry a firearm in the performance of his or her official duties; and200
(D) Empowered to arrest persons for criminal violations of the United States Code.201
(2) A federal law enforcement officer may detain a person upon request of a law202
enforcement officer of this state or of any county, municipality, or other political203
subdivision of this state for purposes of aiding or assisting such law enforcement officer204
for an offense alleged to have been committed within the jurisdiction of such officer205
under a warrant or without a warrant. Such request may be retracted by the requesting206
law enforcement officer at any time and the authority to detain provided by this paragraph207
shall cease upon such retraction.208
(b)(c) Sheriffs and peace officers who are appointed or employed in conformity with209
Chapter 8 of Title 35 may use deadly force to apprehend a suspected felon only when the210
officer reasonably believes that the suspect possesses a deadly weapon or any object,211
device, or instrument which, when used offensively against a person, is likely to or actually212
does result in serious bodily injury; when the officer reasonably believes that the suspect213
poses an immediate threat of physical violence to the officer or others; or when there is214
probable cause to believe that the suspect has committed a crime involving the infliction215
or threatened infliction of serious physical harm. Nothing in this Code section subsection216
shall be construed so as to restrict such sheriffs or peace officers from the use of such217
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reasonable nondeadly force as may be necessary to apprehend and arrest a suspected felon218
or misdemeanant.219
(c)(d) Nothing in this Code section shall be construed so as to restrict the use of deadly220
force by employees of state and county correctional institutions, jails, and other places of221
lawful confinement or by peace officers of any agency in the State of Georgia when222
reasonably necessary to prevent escapes or apprehend escapees from such institutions.223
(d)(e) No law enforcement agency of this state or of any political subdivision of this state224
shall adopt or promulgate any rule, regulation, or policy which prohibits a peace officer225
from using that degree of force to apprehend a suspected felon which is allowed by the226
statutory and case law of this state.227
(e)(f) Each peace officer shall be provided with a copy of this Code section. Training228
regarding elder abuse, abuse of vulnerable adults, and the requirements of this Code section229
should be offered as part of at least one in-service training program each year conducted230
by or on behalf of each law enforcement department and agency in this state.231
(f)(g) A nuclear power facility security officer, including a contract security officer,232
employed by a federally licensed nuclear power facility or licensee thereof for the purpose233
of securing that facility shall have the authority to:234
(1) Threaten or use force against another in defense of a federally licensed nuclear power235
facility and the persons therein as provided for under Code Sections 16-3-21 and 16-3-23;236
(2) Search any person on the premises of the nuclear power facility or the properties237
adjacent to the facility if the facility is under imminent threat or danger pursuant to a238
written agreement entered into with the local enforcement agency having jurisdiction239
over the facility for the purpose of determining if such person possesses unauthorized240
weapons, explosives, or other similarly prohibited material; provided, however, that if241
such person objects to any search, he or she shall be detained as provided in paragraph (3)242
of this subsection or shall be required to immediately vacate the premises. Any person243
refusing to submit to a search and refusing to vacate the premises of a facility upon the244
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request of a security officer as provided for in this Code section shall be guilty of a245
misdemeanor; and246
(3) In accordance with a nuclear security plan approved by the United States Nuclear247
Regulatory Commission or other federal agency authorized to regulate nuclear facility248
security, detain any person located on the premises of a nuclear power facility or on the249
properties adjacent thereto if the facility is under imminent threat or danger pursuant to250
a written agreement entered into with the local law enforcement agency having251
jurisdiction over the facility, where there is reasonable suspicion to believe that such252
person poses a threat to the security of the nuclear power facility, regardless of whether253
such prohibited act occurred in the officer's presence. In the event of such detention, the254
law enforcement agency having jurisdiction over the facility shall be immediately255
contacted. The detention shall not exceed the amount of time reasonably necessary to256
allow for law enforcement officers to arrive at the facility."257
PART IV258
SECTION 4-1.259
Section 2-3 of this Act shall apply to all offenses committed on or after July 1, 2024.260
SECTION 4-2.261
All laws and parts of laws in conflict with this Act are repealed.262
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