24 LC 39 4287S
The Senate Committee on Public Safety offered the following
substitute to SB 512:
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to1
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 amend Title 16 of the Official Code of Georgia Annotated, relating13
to crimes and offenses, so as to provide for a required human trafficking training program14
for hotels; to provide for definitions; to provide for retraining; to provide that the provisions15
of Code Section 16-6-16, relating to masturbation for hire, shall be applicable only to persons16
above a certain age; to provide for related matters; to provide for a contingent effective date17
and automatic repeal; to repeal conflicting laws; and for other purposes.18
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:19
PART I20
SECTION 1-1.21
Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to payment and22
disposition of fines and forfeitures, is amended by adding a new article to read as follows:23
"ARTICLE 1224
15-21-220.25
This article is enacted pursuant to Article III, Section IX, Paragraph VI(o) of the26
Constitution, which provision authorizes additional penalty assessments for violations27
relating to certain sexual crimes and provides that the proceeds derived therefrom may be28
used for the purpose of meeting the costs of care and rehabilitative and social services for29
certain individuals in this state who have been sexually exploited.30
15-21-221.31
As used in this article, the term:32
(1) 'Commission' means the Victims of Human Trafficking Fund Commission.33
(2) 'Fund' means the Victims of Human Trafficking Fund.34
(3) 'Safe house' means a licensed residential facility that provides safe and secure shelter.35
(4) 'Sexually explicit conduct' shall have the same meaning as set forth in Code36
Section 16-12-100.37
(5) 'Sexually exploited victim' means a person who:38
(A) Has been the victim of trafficking of persons for sexual servitude in violation of39
Code Section 16-5-46;40
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(B) Has engaged in sodomy, prostitution, solicitation of sodomy, or masturbation for41
hire; or42
(C) Has been the victim of sexually explicit conduct for the purpose of producing any43
print or visual medium.44
(6) 'Visual medium' shall have the same meaning as set forth in Code Section 16-12-100.45
15-21-222.46
(a) There is established the Victims of Human Trafficking Fund Commission which is47
assigned to the Division of Family and Children Services of the Department of Human48
Resources for administrative purposes only, as prescribed in Code Section 50-4-3.49
(b) There is created the Victims of Human Trafficking Fund as a separate fund in the state50
treasury. The state treasurer shall credit to the fund all amounts transferred to the fund and51
shall invest the fund moneys in the same manner as authorized for investing other moneys52
in the state treasury.53
(c) The commission may authorize the disbursement of available money from the fund,54
after appropriation thereof, for purposes of providing care, rehabilitative services,55
residential housing, health services, and social services, including establishing safe houses,56
to sexually exploited victims and to a person, entity, or program eligible pursuant to criteria57
to be set by the commission. The commission shall also consider disbursement of available58
money from the fund to a person, entity, or program devoted to awareness and prevention59
of becoming a sexually exploited victim. The commission may also authorize the60
disbursement of fund money for the actual and necessary operating expenses that the61
commission incurs in performing its duties; provided, however, that such disbursements62
shall be kept at a minimum in furtherance of the primary purpose of the fund, which is to63
disburse money to provide care and rehabilitative and social services to sexually exploited64
victims.65
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15-21-223.66
(a) The commission shall consist of six members. Five of the members shall serve for67
terms of two years, except that, with respect to the first members appointed, two members68
shall be appointed for terms of three years, two members for terms of two years, and one69
member for a term of one year. The director of the Division of Family and Children70
Services of the Department of Human Services shall be a permanent member of the71
commission. The chairperson of the Criminal Justice Coordinating Council, the72
commissioner of behavioral health and developmental disabilities, the director of the73
Division of Family and Children Services of the Department of Human Services, the74
President of the Senate, and the Speaker of the House of Representatives shall each appoint75
one member of the commission. The Governor shall establish initial terms of office for all76
members of the commission within the limitations of this subsection.77
(b) In the event of death, resignation, disqualification, or removal for any reason of any78
member of the commission, the vacancy shall be filled in the same manner as the original79
appointment, and the successor shall serve for the unexpired term.80
(c) Membership on the commission shall not constitute public office, and no member shall81
be disqualified from holding public office by reason of his or her membership.82
(d) The Governor shall designate a chairperson of the commission from among the83
members, which chairperson shall serve in that position at the pleasure of the Governor. 84
The commission may elect such other officers and committees as it considers appropriate.85
(e) The commission, with the approval of the Governor, may employ such professional,86
technical, or clerical personnel as deemed necessary to carry out the purposes of this87
article.88
15-21-224.89
Members of the commission shall serve without compensation but shall receive the same90
expense allowance per day as that received by a member of the General Assembly for each91
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day such member of the commission is in attendance at a meeting of such commission, plus92
either reimbursement for actual transportation costs while traveling by public carrier or the93
same mileage allowance for use of a personal car in connection with such attendance as94
members of the General Assembly receive. Such expense and travel allowance shall be95
paid in lieu of any per diem, allowance, or other remuneration now received by any such96
member for such attendance. Expense allowances and other costs authorized in this Code97
section shall be paid from moneys in the fund.98
15-21-225.99
(a) The commission shall:100
(1) Meet at such times and places as it shall determine necessary or convenient to101
perform its duties on the call of the chairperson or the Governor;102
(2) Maintain minutes of its meetings;103
(3) Adopt rules and regulations for the transaction of its business;104
(4) Accept applications for disbursements of available money from the fund;105
(5) Develop a state-wide protocol for helping to coordinate the delivery of services to106
sexually exploited victims;107
(6) Provide oversight and accountability for any program that receives disbursements108
from the fund;109
(7) Maintain records of all its expenditures, funds received as gifts and donations, and110
disbursements made from the fund; and111
(8) Conform to the standards and requirements prescribed by the state accounting officer112
pursuant to Chapter 5B of Title 50.113
(b) The commission shall utilize existing state resources and staff of participating114
departments whenever practicable.115
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15-21-226.116
The commission may recommend to the Governor and the General Assembly changes in117
state programs, laws, policies, budgets, and standards relating to the care and rehabilitation118
of sexually exploited victims, changes to improve coordination among state agencies that119
provide care and rehabilitative and social services to sexually exploited victims, and120
changes to improve the condition of sexually exploited victims who are in need of121
rehabilitative and social services.122
15-21-227.123
The commission may accept and solicit federal funds granted by Congress or executive124
order for the purposes of this article as well as gifts and donations from individuals, private125
organizations, or foundations. The acceptance and use of federal funds shall not commit126
state funds and shall not place an obligation upon the General Assembly to continue the127
purposes for which the federal funds are made available. All such funds received in the128
manner described in this Code section shall be transmitted to the state treasurer for deposit129
into the fund to be disbursed as other moneys in the fund.130
15-21-228.131
(a) In every case in which any court in this state imposes a fine, including costs, for132
trafficking a person for sexual servitude in violation of Code Section 16-5-46 or any133
violation of Code Section 16-6-10, 16-6-11, 16-6-12, 16-6-15, 16-6-16, or 16-12-100, there134
shall be imposed an additional penalty of $2,500.00 if the defendant was 18 years of age135
or older at the time of the offense.136
(b) The penalty provided for in subsection (a) of this Code section shall be in addition to137
any amount required to be paid into any pension, annuity, or retirement fund under Title 47138
or any other law and in addition to any other amounts provided for in this chapter.139
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(c) The penalty provided for in subsection (a) of this Code section shall be assessed and140
collected by the clerk or court officer charged with the duty of collecting moneys arising141
from fines and shall be paid over by the last day of the following month to the Georgia142
Superior Court Clerks' Cooperative Authority for remittance to the Victims of Human143
Trafficking Fund Commission, to be deposited into the Victims of Human Trafficking144
Fund.145
(d) Any person whose duty it is to collect and remit the penalty provided for in146
subsection (a) of this Code section who intentionally refuses to so remit shall be guilty of147
a misdemeanor.148
(e)(1) In addition to the costs and fees assessed in subsections (a) through (c) of this149
Code section, an individual who is a victim of a violation of Code Section 16-5-46 shall150
have a cause of action against any perpetrator and may recover damages and reasonable151
attorney's fees.152
(2) Upon a conviction of any of the offenses provided in subsection (a) of this Code153
section, any real or personal property which is, directly or indirectly, used or intended for154
use in any manner to facilitate such offense is declared to be contraband and subject to155
forfeiture in accordance with the procedures set forth in Chapter 16 of Title 9."156
SECTION 1-2.157
Code Section 16-6-13.3 of the Official Code of Georgia Annotated, relating to civil forfeiture158
of proceeds and property, is amended by revising subsection (b) as follows:159
"(b) Any property which is, directly or indirectly, used or intended for use in any manner160
to facilitate a violation of Code Section 16-6-10, 16-6-11, or 16-6-12, or 16-5-46 and any161
proceeds are declared to be contraband and no person shall have a property right in them."162
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PART II163
SECTION 2-1.164
Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is165
amended by revising Article 3 of Chapter 5, relating to kidnapping, false imprisonment, and166
related offenses, by adding a new Code section to read as follows:167
"16-5-48.168
(a) As used in this Code section, the term:169
(1) 'Employee' means any person employed by a hotel that:170
(A) Has frequent or regular interactions with guests, such as front desk staff, hotel171
porters, hotel concierges, restaurant waiting and bartending staff, room service staff,172
and temporary employees;173
(B) Is in a management position; or174
(C) Has access to the guests' rooms, including housekeeping staff.175
(2) 'Hotel' shall have the same meaning as defined in Code Section 16-5-47.176
(b) Every hotel proprietor shall require its employees to complete a training course on177
recognizing and reporting instances of suspected human trafficking. Such training course178
shall be an online course provided by the Criminal Justice Coordinating Council at no cost179
to the hotel proprietor nor employees or an alternative online or in-person training course180
approved by the Georgia Bureau of Investigation. The Criminal Justice Coordinating181
Council shall approve or deny the use of any alternative online or in-person training course182
within 60 days of the submission of such training course for approval.183
(c) Each hotel employee shall complete the required training course described in184
subsection (b) of this Code section within six months of being employed by a hotel and185
thereafter at least once during each consecutive period of two calendar years, commencing186
with the date on which he or she last completed the required training course, for as long as187
he or she is employed by a hotel."188
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SECTION 2-2.189
Said title is further amended by revising Code Section 16-6-16, relating to masturbation for190
hire, as follows:191
"16-6-16.192
(a) A person 18 years of age or older, including a masseur or masseuse, commits the193
offense of masturbation for hire when he or she erotically stimulates the genital organs of194
another, whether resulting in orgasm or not, by manual or other bodily contact exclusive195
of sexual intercourse or by instrumental manipulation for money or the substantial196
equivalent thereof.197
(b) A person committing the offense of masturbation for hire shall be guilty of a198
misdemeanor."199
PART III200
SECTION 3-1.201
(a) Except as provided in subsection (b) of this section, this Act shall become effective on202
July 1, 2024.203
(b) Section 1-1 of this Act shall become effective on July 1, 2025, provided that a204
constitutional amendment is passed by the General Assembly and is ratified by the voters in205
the November, 2024, General Election amending the Constitution of Georgia to authorize the206
General Assembly to provide specific funding to the Victims of Human Trafficking Fund. 207
If such an amendment to the Constitution of Georgia is not so ratified, Section 1-1 of this Act208
shall not become effective and shall stand repealed by operation of law on January 1, 2025.209
SECTION 3-2.210
All laws and parts of laws in conflict with this Act are repealed.211
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