24 LC 48 1176
Senate Bill 512
By: Senators Still of the 48th, Kennedy of the 18th, Gooch of the 51st, Esteves of the 6th,
Dolezal of the 27th and others
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to
1
payment and disposition of fines and forfeitures, so as to create the Victims of Human2
Trafficking Fund and the Victims of Human Trafficking Fund Commission; to provide for3
definitions; to provide for appointment of members of the commission and personnel; to4
provide for duties of the commission and allow for expenses; to provide for5
recommendations of changes in state programs, laws, and policies; to provide for acceptance6
of federal funds and individual donations; to provide for fines and penalties; to provide for7
collection of fines and disposition of moneys collected; to provide for a duty to collect; to8
provide for a cause of action and forfeiture; to amend Code Section 16-6-13.3 of the Official9
Code of Georgia Annotated, relating to civil forfeiture of proceeds and property, so as to10
provide for the forfeiture of proceeds or money which is used, intended for use, used in any11
manner to facilitate, or derived from the criminal offense of trafficking of persons for labor12
or sexual servitude; to provide for related matters; to provide for a contingent effective date13
and automatic repeal; to repeal conflicting laws; and for other purposes.14
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:15
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SECTION 1.
16
Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to payment and17
disposition of fines and forfeitures, is amended by adding a new article to read as follows:18
"ARTICLE 12
19
15-21-220.20
This article is enacted pursuant to Article III, Section IX, Paragraph VI(o) of the21
Constitution, which provision authorizes additional penalty assessments for violations22
relating to certain sexual crimes and provides that the proceeds derived therefrom may be23
used for the purpose of meeting the costs of care and rehabilitative and social services for24
certain individuals in this state who have been sexually exploited.25
15-21-221.26
As used in this article, the term:27
(1) 'Commission' means the Victims of Human Trafficking Fund Commission.28
(2) 'Fund' means the Victims of Human Trafficking Fund.29
(3) 'Safe house' means a licensed residential facility that provides safe and secure shelter.30
(4) 'Sexually explicit conduct' shall have the same meaning as set forth in Code31
Section 16-12-100.32
(5) 'Sexually exploited victim' means a person who:33
(A) Has been the victim of trafficking of persons for sexual servitude in violation of34
Code Section 16-5-46;35
(B) Has engaged in sodomy, prostitution, solicitation of sodomy, or masturbation for36
hire; or37
(C) Has been the victim of sexually explicit conduct for the purpose of producing any38
print or visual medium.39
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(6) 'Visual medium' shall have the same meaning as set forth in Code Section 16-12-100.40
15-21-222.41
(a) There is established the Victims of Human Trafficking Fund Commission which is42
assigned to the Division of Family and Children Services of the Department of Human43
Resources for administrative purposes only, as prescribed in Code Section 50-4-3.44
(b) There is created the Victims of Human Trafficking Fund as a separate fund in the state45
treasury. The state treasurer shall credit to the fund all amounts transferred to the fund and46
shall invest the fund moneys in the same manner as authorized for investing other moneys47
in the state treasury.48
(c) The commission may authorize the disbursement of available money from the fund,49
after appropriation thereof, for purposes of providing care, rehabilitative services,50
residential housing, health services, and social services, including establishing safe houses,51
to sexually exploited victims and to a person, entity, or program eligible pursuant to criteria52
to be set by the commission. The commission shall also consider disbursement of available53
money from the fund to a person, entity, or program devoted to awareness and prevention54
of becoming a sexually exploited victim. The commission may also authorize the55
disbursement of fund money for the actual and necessary operating expenses that the56
commission incurs in performing its duties; provided, however, that such disbursements57
shall be kept at a minimum in furtherance of the primary purpose of the fund, which is to58
disburse money to provide care and rehabilitative and social services to sexually exploited59
victims.60
15-21-223.61
(a) The commission shall consist of six members. Five of the members shall serve for62
terms of two years, except that, with respect to the first members appointed, two members63
shall be appointed for terms of three years, two members for terms of two years, and one64
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member for a term of one year. The director of the Division of Family and Children65
Services of the Department of Human Services shall be a permanent member of the66
commission. The chairperson of the Criminal Justice Coordinating Council, the67
commissioner of behavioral health and developmental disabilities, the director of the68
Division of Family and Children Services of the Department of Human Services, the69
President of the Senate, and the Speaker of the House of Representatives shall each appoint70
one member of the commission. The Governor shall establish initial terms of office for all71
members of the commission within the limitations of this subsection.72
(b) In the event of death, resignation, disqualification, or removal for any reason of any73
member of the commission, the vacancy shall be filled in the same manner as the original74
appointment, and the successor shall serve for the unexpired term.75
(c) Membership on the commission shall not constitute public office, and no member shall76
be disqualified from holding public office by reason of his or her membership.77
(d) The Governor shall designate a chairperson of the commission from among the78
members, which chairperson shall serve in that position at the pleasure of the Governor. 79
The commission may elect such other officers and committees as it considers appropriate.80
(e) The commission, with the approval of the Governor, may employ such professional,81
technical, or clerical personnel as deemed necessary to carry out the purposes of this82
article.83
15-21-224.84
Members of the commission shall serve without compensation but shall receive the same85
expense allowance per day as that received by a member of the General Assembly for each86
day such member of the commission is in attendance at a meeting of such commission, plus87
either reimbursement for actual transportation costs while traveling by public carrier or the88
same mileage allowance for use of a personal car in connection with such attendance as89
members of the General Assembly receive. Such expense and travel allowance shall be90
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paid in lieu of any per diem, allowance, or other remuneration now received by any such91
member for such attendance. Expense allowances and other costs authorized in this Code92
section shall be paid from moneys in the fund.93
15-21-225.94
(a) The commission shall:95
(1) Meet at such times and places as it shall determine necessary or convenient to96
perform its duties on the call of the chairperson or the Governor;97
(2) Maintain minutes of its meetings;98
(3) Adopt rules and regulations for the transaction of its business;99
(4) Accept applications for disbursements of available money from the fund;100
(5) Develop a state-wide protocol for helping to coordinate the delivery of services to101
sexually exploited victims;102
(6) Provide oversight and accountability for any program that receives disbursements103
from the fund;104
(7) Maintain records of all its expenditures, funds received as gifts and donations, and105
disbursements made from the fund; and106
(8) Conform to the standards and requirements prescribed by the state accounting officer107
pursuant to Chapter 5B of Title 50.108
(b) The commission shall utilize existing state resources and staff of participating109
departments whenever practicable.110
15-21-226.111
The commission may recommend to the Governor and the General Assembly changes in112
state programs, laws, policies, budgets, and standards relating to the care and rehabilitation113
of sexually exploited victims, changes to improve coordination among state agencies that114
provide care and rehabilitative and social services to sexually exploited victims, and115
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changes to improve the condition of sexually exploited victims who are in need of116
rehabilitative and social services.117
15-21-227.118
The commission may accept and solicit federal funds granted by Congress or executive119
order for the purposes of this article as well as gifts and donations from individuals, private120
organizations, or foundations. The acceptance and use of federal funds shall not commit121
state funds and shall not place an obligation upon the General Assembly to continue the122
purposes for which the federal funds are made available. All such funds received in the123
manner described in this Code section shall be transmitted to the state treasurer for deposit124
into the fund to be disbursed as other moneys in the fund.125
15-21-228.126
(a) In every case in which any court in this state imposes a fine, including costs, for127
trafficking a person for sexual servitude in violation of Code Section 16-5-46 or any128
violation of Code Section 16-6-10, 16-6-11, 16-6-12, 16-6-15, 16-6-16, or 16-12-100, there129
shall be imposed an additional penalty of $2,500.00 if the defendant was 18 years of age130
or older at the time of the offense.131
(b) The penalty provided for in subsection (a) of this Code section shall be in addition to132
any amount required to be paid into any pension, annuity, or retirement fund under Title133
47 or any other law and in addition to any other amounts provided for in this chapter.134
(c) The penalty provided for in subsection (a) of this Code section shall be assessed and135
collected by the clerk or court officer charged with the duty of collecting moneys arising136
from fines and shall be paid over by the last day of the following month to the Georgia137
Superior Court Clerks' Cooperative Authority for remittance to the Victims of Human138
Trafficking Fund Commission, to be deposited into the Victims of Human Trafficking139
Fund.140
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(d) Any person whose duty it is to collect and remit the penalty provided for in subsection141
(a) of this Code section who intentionally refuses to so remit shall be guilty of a142
misdemeanor.143
(e)(1) In addition to the costs and fees assessed in subsections (a) through (c) of this144
Code section, an individual who is a victim of a violation of Code Section 16-5-46 shall145
have a cause of action against any perpetrator and may recover damages and reasonable146
attorney's fees. 147
(2) Any real or personal property utilized by a person who has been convicted of any of148
the offenses provided in subsection (a) of this Code section is declared to be contraband149
and subject to forfeiture in accordance with the procedures set forth in Chapter 16 of150
Title 9."151
SECTION 2.152
Code Section 16-6-13.3 of the Official Code of Georgia Annotated, relating to civil forfeiture153
of proceeds and property, is amended by revising subsection (b) as follows:154
"(b) Any property which is, directly or indirectly, used or intended for use in any manner155
to facilitate a violation of Code Section 16-6-10, 16-6-11, or 16-6-12, or 16-5-46 and any156
proceeds are declared to be contraband and no person shall have a property right in them."157
SECTION 3.158
(a) Except as provided in subsection (b) of this section, this Act shall become effective on159
July 1, 2024.160
(b) Section 1 of this Act shall become effective on July 1, 2025, provided that a161
constitutional amendment is passed by the General Assembly and is ratified by the voters in162
the November, 2024, General Election amending the Constitution of Georgia to authorize the163
General Assembly to provide specific funding to the Victims of Human Trafficking Fund. 164
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If such an amendment to the Constitution of Georgia is not so ratified, Section 1 of this Act
165
shall not become effective and shall stand repealed by operation of law on January 1, 2025.166
SECTION 4.167
All laws and parts of laws in conflict with this Act are repealed.168
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