24 SB 512/CSFA
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
AS PASSED SENATE
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 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 amend Code Sections 17-10-21 and 35-3-37 of the Official Code of17
Georgia Annotated, relating to vacating of sentence for trafficking victim defendants and18
review of individual’s criminal history record information, definitions, privacy19
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considerations, written application requesting review, and inspection, respectively, so as to
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authorize certain relief for defendants conditionally discharged for possession of controlled21
substances or sentenced as a first offender; to provide for related matters; to provide for a22
contingent effective date and automatic repeal; to repeal conflicting laws; and for other23
purposes.24
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:25
PART I26
SECTION 1-1.27
Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to payment and28
disposition of fines and forfeitures, is amended by adding a new article to read as follows:29
"ARTICLE 12
30
15-21-220.31
This article is enacted pursuant to Article III, Section IX, Paragraph VI(o) of the32
Constitution, which provision authorizes additional penalty assessments for violations33
relating to certain sexual crimes and provides that the proceeds derived therefrom may be34
used for the purpose of meeting the costs of care and rehabilitative and social services for35
certain individuals in this state who have been sexually exploited.36
15-21-221.37
As used in this article, the term:38
(1) 'Commission' means the Victims of Human Trafficking Fund Commission.39
(2) 'Fund' means the Victims of Human Trafficking Fund.40
(3) 'Safe house' means a licensed residential facility that provides safe and secure shelter.41
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(4) 'Sexually explicit conduct' shall have the same meaning as set forth in Code42
Section 16-12-100.43
(5) 'Sexually exploited victim' means a person who:44
(A) Has been the victim of trafficking of persons for sexual servitude in violation of45
Code Section 16-5-46;46
(B) Has engaged in sodomy, prostitution, solicitation of sodomy, or masturbation for47
hire; or48
(C) Has been the victim of sexually explicit conduct for the purpose of producing any49
print or visual medium.50
(6) 'Visual medium' shall have the same meaning as set forth in Code Section 16-12-100.51
15-21-222.52
(a) There is established the Victims of Human Trafficking Fund Commission which is53
assigned to the Division of Family and Children Services of the Department of Human54
Resources for administrative purposes only, as prescribed in Code Section 50-4-3.55
(b) There is created the Victims of Human Trafficking Fund as a separate fund in the state56
treasury. The state treasurer shall credit to the fund all amounts transferred to the fund and57
shall invest the fund moneys in the same manner as authorized for investing other moneys58
in the state treasury.59
(c) The commission may authorize the disbursement of available money from the fund,60
after appropriation thereof, for purposes of providing care, rehabilitative services,61
residential housing, health services, and social services, including establishing safe houses,62
to sexually exploited victims and to a person, entity, or program eligible pursuant to criteria63
to be set by the commission. The commission shall also consider disbursement of available64
money from the fund to a person, entity, or program devoted to awareness and prevention65
of becoming a sexually exploited victim. The commission may also authorize the66
disbursement of fund money for the actual and necessary operating expenses that the67
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commission incurs in performing its duties; provided, however, that such disbursements68
shall be kept at a minimum in furtherance of the primary purpose of the fund, which is to69
disburse money to provide care and rehabilitative and social services to sexually exploited70
victims.71
15-21-223.72
(a) The commission shall consist of six members. Five of the members shall serve for73
terms of two years, except that, with respect to the first members appointed, two members74
shall be appointed for terms of three years, two members for terms of two years, and one75
member for a term of one year. The director of the Division of Family and Children76
Services of the Department of Human Services shall be a permanent member of the77
commission. The chairperson of the Criminal Justice Coordinating Council, the78
commissioner of behavioral health and developmental disabilities, the director of the79
Division of Family and Children Services of the Department of Human Services, the80
President of the Senate, and the Speaker of the House of Representatives shall each appoint81
one member of the commission. The Governor shall establish initial terms of office for all82
members of the commission within the limitations of this subsection.83
(b) In the event of death, resignation, disqualification, or removal for any reason of any84
member of the commission, the vacancy shall be filled in the same manner as the original85
appointment, and the successor shall serve for the unexpired term.86
(c) Membership on the commission shall not constitute public office, and no member shall87
be disqualified from holding public office by reason of his or her membership.88
(d) The Governor shall designate a chairperson of the commission from among the89
members, which chairperson shall serve in that position at the pleasure of the Governor. 90
The commission may elect such other officers and committees as it considers appropriate.91
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(e) The commission, with the approval of the Governor, may employ such professional,92
technical, or clerical personnel as deemed necessary to carry out the purposes of this93
article.94
15-21-224.95
Members of the commission shall serve without compensation but shall receive the same96
expense allowance per day as that received by a member of the General Assembly for each97
day such member of the commission is in attendance at a meeting of such commission, plus98
either reimbursement for actual transportation costs while traveling by public carrier or the99
same mileage allowance for use of a personal car in connection with such attendance as100
members of the General Assembly receive. Such expense and travel allowance shall be101
paid in lieu of any per diem, allowance, or other remuneration now received by any such102
member for such attendance. Expense allowances and other costs authorized in this Code103
section shall be paid from moneys in the fund.104
15-21-225.105
(a) The commission shall:106
(1) Meet at such times and places as it shall determine necessary or convenient to107
perform its duties on the call of the chairperson or the Governor;108
(2) Maintain minutes of its meetings;109
(3) Adopt rules and regulations for the transaction of its business;110
(4) Accept applications for disbursements of available money from the fund;111
(5) Develop a state-wide protocol for helping to coordinate the delivery of services to112
sexually exploited victims;113
(6) Provide oversight and accountability for any program that receives disbursements114
from the fund;115
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(7) Maintain records of all its expenditures, funds received as gifts and donations, and116
disbursements made from the fund; and117
(8) Conform to the standards and requirements prescribed by the state accounting officer118
pursuant to Chapter 5B of Title 50.119
(b) The commission shall utilize existing state resources and staff of participating120
departments whenever practicable.121
15-21-226.122
The commission may recommend to the Governor and the General Assembly changes in123
state programs, laws, policies, budgets, and standards relating to the care and rehabilitation124
of sexually exploited victims, changes to improve coordination among state agencies that125
provide care and rehabilitative and social services to sexually exploited victims, and126
changes to improve the condition of sexually exploited victims who are in need of127
rehabilitative and social services.128
15-21-227.129
The commission may accept and solicit federal funds granted by Congress or executive130
order for the purposes of this article as well as gifts and donations from individuals, private131
organizations, or foundations. The acceptance and use of federal funds shall not commit132
state funds and shall not place an obligation upon the General Assembly to continue the133
purposes for which the federal funds are made available. All such funds received in the134
manner described in this Code section shall be transmitted to the state treasurer for deposit135
into the fund to be disbursed as other moneys in the fund.136
15-21-228.137
(a) In every case in which any court in this state imposes a fine, including costs, for138
trafficking a person for sexual servitude in violation of Code Section 16-5-46 or any139
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violation of Code Section 16-6-10, 16-6-11, 16-6-12, 16-6-15, 16-6-16, or 16-12-100, there140
shall be imposed an additional penalty of $2,500.00 if the defendant was 18 years of age141
or older at the time of the offense.142
(b) The penalty provided for in subsection (a) of this Code section shall be in addition to143
any amount required to be paid into any pension, annuity, or retirement fund under Title 47144
or any other law and in addition to any other amounts provided for in this chapter.145
(c) The penalty provided for in subsection (a) of this Code section shall be assessed and146
collected by the clerk or court officer charged with the duty of collecting moneys arising147
from fines and shall be paid over by the last day of the following month to the Georgia148
Superior Court Clerks' Cooperative Authority for remittance to the Victims of Human149
Trafficking Fund Commission, to be deposited into the Victims of Human Trafficking150
Fund.151
(d) Any person whose duty it is to collect and remit the penalty provided for in152
subsection (a) of this Code section who intentionally refuses to so remit shall be guilty of153
a misdemeanor.154
(e)(1) In addition to the costs and fees assessed in subsections (a) through (c) of this155
Code section, an individual who is a victim of a violation of Code Section 16-5-46 shall156
have a cause of action against any perpetrator and may recover damages and reasonable157
attorney's fees.158
(2) Upon a conviction of any of the offenses provided in subsection (a) of this Code159
section, any real or personal property which is, directly or indirectly, used or intended for160
use in any manner to facilitate such offense is declared to be contraband and subject to161
forfeiture in accordance with the procedures set forth in Chapter 16 of Title 9."162
SECTION 1-2.163
Code Section 16-6-13.3 of the Official Code of Georgia Annotated, relating to civil forfeiture164
of proceeds and property, is amended by revising subsection (b) as follows:165
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"(b) Any property which is, directly or indirectly, used or intended for use in any manner
166
to facilitate a violation of Code Section 16-6-10, 16-6-11, or
16-6-12, or 16-5-46 and any167
proceeds are declared to be contraband and no person shall have a property right in them."168
PART II169
SECTION 2-1.170
Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is171
amended by revising Article 3 of Chapter 5, relating to kidnapping, false imprisonment, and172
related offenses, by adding a new Code section to read as follows:173
"16-5-48.174
(a) As used in this Code section, the term:175
(1) 'Employee' means any person employed by a hotel that:176
(A) Has frequent or regular interactions with guests, such as front desk staff, hotel177
porters, hotel concierges, restaurant waiting and bartending staff, room service staff,178
and temporary employees;179
(B) Is in a management position; or180
(C) Has access to the guests' rooms, including housekeeping staff.181
(2) 'Hotel' shall have the same meaning as defined in Code Section 16-5-47.182
(b) Every hotel proprietor shall require its employees to complete a training course on183
recognizing and reporting instances of suspected human trafficking. Such training course184
shall be an online course provided by the Criminal Justice Coordinating Council at no cost185
to the hotel proprietor nor employees or an alternative online or in-person training course186
approved by the Georgia Bureau of Investigation. The Criminal Justice Coordinating187
Council shall approve or deny the use of any alternative online or in-person training course188
within 60 days of the submission of such training course for approval.189
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(c) Each hotel employee shall complete the required training course described in190
subsection (b) of this Code section within six months of being employed by a hotel and191
thereafter at least once during each consecutive period of two calendar years, commencing192
with the date on which he or she last completed the required training course, for as long as193
he or she is employed by a hotel."194
SECTION 2-2.195
Said title is further amended by revising Code Section 16-6-16, relating to masturbation for196
hire, as follows:197
"16-6-16.198
(a) A person 18 years of age or older, including a masseur or masseuse, commits the199
offense of masturbation for hire when he or she erotically stimulates the genital organs of200
another, whether resulting in orgasm or not, by manual or other bodily contact exclusive201
of sexual intercourse or by instrumental manipulation for money or the substantial202
equivalent thereof.203
(b) A person committing the offense of masturbation for hire shall be guilty of a204
misdemeanor."205
PART III206
SECTION 3-1.207
Code Section 17-10-21 of the Official Code of Georgia Annotated, relating to vacating of208
sentence for trafficking victim defendants, is amended by revising paragraphs (1) and (4) and209
subparagraph (A) of paragraph (5) of subsection (a) as follows: 210
“(a)(1) A defendant convicted of an offense and sentenced, or a defendant sentenced 211
pursuant to Code Section 42-8-60 or 16-13-2, as a direct result of the defendant being the212
victim of an offense of trafficking under Code Section 16-5-46 may petition the court213
imposing the sentence to vacate such conviction and sentence or such sentence imposed214
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pursuant to Code Section 42-8-60 or 16-13-2. Such court shall maintain the jurisdiction,215
power, and authority to vacate such conviction and sentence.”216
“(4) If the prosecuting attorney, to the court, consents in writing to the vacatur of such217
conviction or fails to respond to such petition within 30 days of service, the court218
imposing the conviction and sentence or sentence imposed pursuant to Code Section 42-219
8-60 or 16-13-2 shall, without notice or hearing, issue an order vacating the conviction220
and sentence and shall also issue an order restricting access to criminal history record221
information for such offense. 222
(5)(A) If the prosecuting attorney, to the court, objects in writing to the petition, the223
court shall hold a hearing within 90 days of the filing of the petition. The court shall224
hear evidence and determine, by a preponderance of the evidence, whether the225
defendant committed such offense as a direct result of being the victim of an offense226
of trafficking under Code Section 16-5-46. If the court finds, by a preponderance of the227
evidence, that the defendant committed such offense as a direct result of being the228
victim of an offense of trafficking under Code Section 16-5-46, the court may issue an229
order vacating the conviction and sentence or sentence imposed pursuant to Code230
Section 42-8-60 or 16-13-2. The vacatur of a sentence under this chapter or a sentence231
imposed pursuant to Code Section 42-8-60 or 16-13-2 shall result in the discharge and232
dismissal of the action.” 233
SECTION 3-2.234
Code Section 35-3-37 of the Official Code of Georgia Annotated, relating to review of235
individual’s criminal history record information, definitions, privacy considerations, written236
application requesting review, and inspection, is amended by revising subparagraphs (A),237
(C), and (D) of paragraph (6) of subsection (j) as follows: 238
“(6)(A) A defendant convicted of an offense and sentenced, or a defendant sentenced239
pursuant to Code Section 42-8-60 or 16-13-2, while such individual was a victim of an240
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offense of trafficking under Code Section 16-5-46 may petition the court imposing the
241
sentence to restrict such conviction and sentence or such sentence imposed pursuant to
242
Code Section 42-8-60 or 16-13-2. Such court shall maintain the jurisdiction, power, and243
authority to restrict such conviction and sentence.” 244
“(C) If the prosecuting attorney, to the court, consents in writing to the restriction of245
such conviction and sentence or fails to respond to such petition within 30 days of246
service, the court imposing the conviction and sentence or sentence imposed pursuant247
to Code Section 42-8-60 or 16-13-2 shall, without notice or hearing, issue an order248
restricting the conviction and sentence access to the criminal history record of such249
offense. 250
(D) If the prosecuting attorney, to the court, objects in writing to the petition, the court251
shall determine, by a preponderance of the evidence, whether the defendant committed252
such offense while such individual was a victim of an offense of trafficking under253
Code Section 16-5-46. If the court finds, by a preponderance of the evidence, that the254
defendant committed such offense while such individual was a victim of an offense of255
trafficking under Code Section 16-5-46, the court may issue an order restricting the256
conviction and sentence access to the criminal history record of such offense. The court257
shall hold a hearing within 90 days of the filing of the petition to hear evidence for258
purposes of making a determination under this subparagraph or make a determination259
upon the pleadings or record.”260
PART IV261
SECTION 4-1.262
(a) Except as provided in subsection (b) of this section, this Act shall become effective on263
July 1, 2024.264
(b) Section 1-1 of this Act shall become effective on July 1, 2025, provided that a265
constitutional amendment is passed by the General Assembly and is ratified by the voters in266
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the November, 2024, General Election amending the Constitution of Georgia to authorize the
267
General Assembly to provide specific funding to the Victims of Human Trafficking Fund. 268
If such an amendment to the Constitution of Georgia is not so ratified, Section 1-1 of this Act269
shall not become effective and shall stand repealed by operation of law on January 1, 2025.270
SECTION 4-2.271
All laws and parts of laws in conflict with this Act are repealed.272
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