Georgia 2023-2024 Regular Session

Georgia Senate Bill SB493 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		24 LC 48 1300S
2		-	Senate Bill 493
3		-	By: Senators Hatchett of the 50th, Kennedy of the 18th, Gooch of the 51st, Summers of the
4		-	13th, Strickland of the 17th and others
5		-	AS PASSED
	2	+	The House Committee on Judiciary Non-Civil offers the following substitute to SB 493:
6	3		A BILL TO BE ENTITLED
7	4		AN ACT
8		-	To amend Article 2 of Chapter 1 of Title 42 of the Official Code of Georgia Annotated,
9		-	1
	5	+	To amend Article 2 of Chapter 1 of Title 42 of the Official Code of Georgia Annotated,1
10	6		relating to the sexual offender risk review board, so as to provide for additional penalties for2
11	7		registered sexual offenders convicted of photographing a minor without the consent of the3
12	8		minor's parent or guardian; to provide that such persons are prohibited from possessing,4
13	9		owning, or operating an unmanned aircraft system with the intent to photograph, observe,5
14	10		follow, or contact any person without his or her consent; to provide for criminal penalties;6
15	11		to provide for definitions; to provide for release from sexual offender registration7
16	12		requirements under certain circumstances; to amend Chapter 8 of Title 42 of the Official8
17	13		Code of Georgia Annotated, relating to probation, so as to provide for a possible term of9
18	14		probation; to provide for an effective date; to provide for applicability; to provide for related10
19	15		matters; to repeal conflicting laws; and for other purposes.11
20	16		BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:12
21	17		SECTION 1.13
22	18		Article 2 of Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to the14
23	19		sexual offender risk review board, is amended by revising Code Section 42-1-18, relating to15
24		-	S. B. 493
	20	+	S. B. 493 (SUB)
25	21		- 1 - 24 LC 48 1300S
26		-	photographing minor without consent of parent or guardian prohibited and penalty, as
27		-	16
	22	+	photographing minor without consent of parent or guardian prohibited and penalty, as16
28	23		follows:17
29	24		"42-1-18.18
30		-	(a) As used in this Code section, the term:
31		-	19
	25	+	(a) As used in this Code section, the term:19
32	26		(1) 'Minor' shall have the same meaning as set forth in Code Section 42-1-12.20
33	27		(2) 'Photograph' means to create, capture, transmit, or record by electronic or other21
34	28		means a photographic image 'photograph' means to take any picture, film or digital22
35	29		photograph, motion picture film, videotape, or similar visual representation or image of23
36	30		a person.24
37	31		(3) 'Unmanned aircraft system' means a powered, aerial vehicle, not including a satellite,25
38	32		that:26
39	33		(A) Does not carry a human operator and is operated without the possibility of direct27
40	34		human intervention from within or on the vehicle;28
41	35		(B) Uses aerodynamic forces to provide vehicle lift;29
42	36		(C) Can fly autonomously or be piloted remotely;30
43	37		(D) Can be expendable or recoverable; and31
44	38		(E) Has the ability to photograph.32
45	39		(b)(1) No person required to register as a sexual offender pursuant to Code Section33
46	40		42-1-12 shall intentionally photograph a minor without the consent of the minor's parent34
47	41		or guardian.35
48	42		(c)(2) Any person who knowingly violates this Code section commits the offense of36
49	43		intentionally photographing a minor without the consent of such minor's parent or37
50	44		guardian in violation of paragraph (1) of this subsection shall, upon the first conviction38
51	45		thereof, be guilty of a misdemeanor of a high and aggravated nature and shall be punished39
52	46		as provided by Code Section 17-10-4; provided, however, that, if a fine is imposed40
53	47		pursuant to Code Section 17-10-4, such fine shall not be less than $1,500.00.41
54		-	S. B. 493
	48	+	S. B. 493 (SUB)
55	49		- 2 - 24 LC 48 1300S
56	50		(3) Any person who commits the offense of intentionally photographing a minor without42
57	51		the consent of such minor's parent or guardian in violation of paragraph (1) of this43
58	52		subsection shall, upon a second or subsequent conviction thereof, be guilty of a felony44
59	53		and shall be punished by imprisonment for not less than one nor more than 30 years and45
60	54		a fine of not less than $5,000.00 nor more than $100,000.00.46
61	55		(4) For the purpose of this subsection, the term 'conviction' shall include a plea of nolo47
62	56		contendere.48
63	57		(c)(1) No person required to register as a sexual offender pursuant to Code49
64	58		Section 42-1-12 shall knowingly possess, own, or operate an unmanned aircraft system50
65	59		with the intent to photograph, observe, follow, or contact any particular person without51
66	60		his or her consent or photograph, observe, follow, or contact any person in a way that52
67	61		violates the person’s reasonable expectation of privacy.53
68	62		(2) Any person who violates paragraph (1) of this subsection shall be guilty of a felony54
69	63		and shall be punished by imprisonment for not less than five nor more than ten years and55
70	64		a fine of not less than $20,000.00 nor more than $100,000.00."56
71	65		SECTION 2.57
72	66		Said article is further amended by revising Code Section 42-1-19, relating to petition for58
73	67		release from registration requirements, as follows:59
74	68		"42-1-19.60
75	69		(a) An individual required to register pursuant to Code Section 42-1-12 may petition a61
76	70		superior court for release from registration requirements and from any residency or62
77	71		employment restrictions of this article if the individual:63
78	72		(1) Has completed all prison, parole, supervised release, and probation for the offense64
79	73		which required registration pursuant to Code Section 42-1-12; and:65
80	74		(A) Is confined to a hospice facility, skilled nursing home, residential care facility for66
81	75		the elderly, or nursing home;67
82		-	S. B. 493
	76	+	S. B. 493 (SUB)
83	77		- 3 - 24 LC 48 1300S
84		-	(B) Is totally and permanently disabled as such term is defined in Code Section
85		-	68
86		-	49-4-80; or
87		-	69
	78	+	(B) Is totally and permanently disabled as such term is defined in Code Section68
	79	+	49-4-80; or69
88	80		(C) Is otherwise seriously physically incapacitated due to illness or injury; or70
89	81		(D) Has reached the age of 80 years;71
90	82		(2) Was sentenced for a crime that became punishable as a misdemeanor on or after72
91	83		July 1, 2006, and meets the criteria set forth in subparagraphs (c)(1)(A) through (c)(1)(F)73
92	84		of Code Section 17-10-6.2;74
93	85		(3) Is required to register solely because he or she was convicted of kidnapping or false75
94	86		imprisonment involving a minor and such offense did not involve a sexual offense against76
95	87		such minor or an attempt to commit a sexual offense against such minor. For purposes77
96	88		of this paragraph, the term 'sexual offense' means any offense listed in division78
97	89		(a)(10)(B)(i) or (a)(10)(B)(iv) through (a)(10)(B)(xix) of Code Section 42-1-12; or79
98	90		(4) Has completed all prison, parole, supervised release, and probation for the offense80
99	91		which required registration pursuant to Code Section 42-1-12 and meets the criteria set81
100	92		forth in subparagraphs (c)(1)(A) through (c)(1)(F) of Code Section 17-10-6.2; or82
101	93		(5) Was convicted of a sexual offense and required to register under the laws of another83
102	94		state or territory, under the laws of the United States, under the Uniform Code of Military84
103	95		Justice, or in a tribal court and:85
104	96		(A) Has completed all prison, parole, supervised release, and probation for the offense86
105	97		which required registration pursuant to Code Section 42-1-12 and meets the criteria set87
106	98		forth in subparagraphs (c)(1)(A) through (c)(1)(F) of Code Section 17-10-6.2; and88
107	99		(B) Has been removed from the registry in the other state or territory and can provide89
108	100		the court with documentation supporting the same.90
109	101		(b)(1) A petition for release pursuant to this Code section shall be filed in the superior91
110	102		court of the jurisdiction in which the individual was convicted; provided, however, that,92
111	103		if the individual was not convicted in this state, such petition shall be filed in the superior93
112	104		court of the county where the individual resides.94
113		-	S. B. 493
	105	+	S. B. 493 (SUB)
114	106		- 4 - 24 LC 48 1300S
115		-	(2) Such petition shall be served on the district attorney of the jurisdiction where the
116		-	95
	107	+	(2) Such petition shall be served on the district attorney of the jurisdiction where the95
117	108		petition is filed, the sheriff of the county where the petition is filed, and the sheriff of the96
118	109		county where the individual resides. Service on the district attorney and sheriff may be97
119	110		had by mailing a copy of the petition with a proper certificate of service.98
120	111		(3) If a petition for release is denied, another petition for release shall not be filed within99
121	112		a period of two years from the date of the final order on a previous petition.100
122	113		(c)(1) An individual who meets the requirements of paragraph (1), (2), or (3) of101
123	114		subsection (a) of this Code section shall be considered for release from registration102
124	115		requirements and from residency or employment restrictions.103
125	116		(2) An individual who meets the requirements of paragraph (4) of subsection (a) of this104
126	117		Code section may be considered for release from registration requirements and from105
127	118		residency or employment restrictions only if:106
128		-	(A) Ten
129		-	Five years have elapsed since the individual completed all prison, parole,107
	119	+	(A) Ten Five years have elapsed since the individual completed all prison, parole,107
130	120		supervised release, and probation for the offense which required registration pursuant108
131	121		to Code Section 42-1-12; or and109
132	122		(B) The individual has been classified by the board as a Level I risk assessment110
133	123		classification, provided that, if the board has not done a risk assessment classification111
134	124		for such individual within the last five years, the court shall order such classification112
135	125		to be completed prior to considering the petition for release.113
136	126		(3) An individual who meets the requirements of paragraph (5) of subsection (a) of this114
137	127		Code section may be considered for release from registration requirements and from115
138	128		residency or employment restrictions only if:116
139	129		(A) Ten years have elapsed since the individual completed all prison, parole,117
140	130		supervised release, and probation for the offense which required registration pursuant118
141	131		to Code Section 42-1-12; and119
142	132		(B) The individual has been classified by the board as a Level I risk assessment120
143	133		classification, provided that, if the board has not done a risk assessment classification121
144		-	S. B. 493
	134	+	S. B. 493 (SUB)
145	135		- 5 - 24 LC 48 1300S
146	136		for such individual within the last five years, the court shall order such classification122
147	137		to be completed prior to considering the petition for release.123
148	138		(d) In considering a petition pursuant to this Code section, the court may consider:124
149	139		(1) Any evidence introduced by the petitioner;125
150	140		(2) Any evidence introduced by the district attorney, board, or sheriff; and126
151	141		(3) Any other relevant evidence.127
152	142		(e) The court shall hold a hearing on the petition if requested by the petitioner.128
153	143		(f) The court may issue an order releasing the individual from registration requirements129
154	144		or residency or employment restrictions, in whole or part, if the court finds by a130
155	145		preponderance of the evidence that the individual does not pose a substantial risk of131
156	146		perpetrating any future dangerous sexual offense. The court may release an individual132
157	147		from such requirements or restrictions for a specific period of time. The court shall send133
158	148		a copy of any order releasing an individual from any requirements or restrictions to the134
159	149		sheriff and the district attorney of the jurisdiction where the petition is filed, to the sheriff135
160	150		of the county where the individual resides, to the Department of Corrections, to the136
161	151		Department of Community Supervision, and to the Georgia Bureau of Investigation."137
162	152		SECTION 3.138
163	153		Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation, is139
164	154		amended in subsection (b) of Code Section 42-8-35, relating to terms and conditions of140
165	155		probation and supervision, by striking "and" at the end of paragraph (3), replacing the period141
166	156		with "; and" at the end of paragraph (4), and adding a new paragraph to read as follows:142
167	157		"(5) Prohibited from possessing, owning, or operating an unmanned aircraft system as143
168	158		defined in Code Section 42-1-18."144
169		-	S. B. 493
	159	+	S. B. 493 (SUB)
170	160		- 6 - 24 LC 48 1300S
171		-	SECTION 4.
172		-	145
	161	+	SECTION 4.145
173	162		This Act shall become effective on July 1, 2024, and shall apply to all offenses committed146
174	163		on or after such date.147
175	164		SECTION 5.148
176	165		All laws and parts of laws in conflict with this Act are repealed.149
177		-	S. B. 493
	166	+	S. B. 493 (SUB)
178	167		- 7 -