5 | | - | To amend Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the1 |
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6 | | - | Georgia Bureau of Investigation, so as to provide for the restriction and seal of First Offender2 |
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7 | | - | Act sentences until such status is revoked; to amend Article 3 of Chapter 8 of Title 42 of the3 |
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8 | | - | Official Code of Georgia Annotated, relating to first offenders relative to probation, so as to4 |
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9 | | - | provide for the restriction and seal of first offender sentences at the time of sentencing; to5 |
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10 | | - | provide for related matters; to repeal conflicting laws; and for other purposes.6 |
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11 | | - | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7 |
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12 | | - | SECTION 1.8 |
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13 | | - | Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia9 |
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14 | | - | Bureau of Investigation, is amended by revising subparagraph (a)(1)(B) of Code Section10 |
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15 | | - | 35-3-34, relating to disclosure and dissemination of criminal records to private persons and11 |
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16 | | - | businesses, resulting responsibility and liability of issuing center, and provision of certain12 |
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17 | | - | information to the FBI in conjunction with the National Instant Criminal Background Check13 |
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18 | | - | System, as follows:14 |
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19 | | - | "(B)(i) The center shall not provide records of arrests, charges, or sentences when an15 |
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20 | | - | individual has been sentenced pursuant to Article 3 of Chapter 8 of Title 42 and has16 |
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21 | | - | S. B. 512 (SUB) |
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22 | | - | - 1 - 24 LC 48 1324S |
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23 | | - | been exonerated and discharged without court adjudication of guilt as a matter of law17 |
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24 | | - | or pursuant to a court order or Code Section 15-1-20, including records relating to18 |
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25 | | - | such defendant's bench warrants, failure to appear, and probation for such offense,19 |
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26 | | - | except as specifically authorized by Code Section 42-8-63.1. The center shall not20 |
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27 | | - | provide records of arrests, charges, or sentences when an individual has been21 |
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28 | | - | sentenced as provided in Code Section 15-1-20, including records relating to such22 |
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29 | | - | defendant's bench warrants, failure to appear, and probation for such offense, except23 |
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30 | | - | as specifically authorized by Code Section 42-8-63.1.24 |
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31 | | - | (ii) During the period of time after a defendant, who has been sentenced pursuant to25 |
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32 | | - | Article 3 of Chapter 8 of Title 42 but has not been exonerated and discharged without26 |
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33 | | - | court adjudication of guilt as a matter of law or pursuant to a court order, has27 |
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34 | | - | completed active probation supervision through the remainder of such sentence, the28 |
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35 | | - | center shall not provide records of arrests, charges, or sentences except as specifically29 |
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36 | | - | authorized by Code Section 42-8-63.1.30 |
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37 | | - | (iii) The center may provide records of arrests, charges, or sentences when an31 |
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38 | | - | individual has been sentenced pursuant to Article 3 of Chapter 8 of Title 42 but has32 |
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39 | | - | not been exonerated and discharged without court adjudication of guilt as a matter of33 |
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40 | | - | law or pursuant to a court order, as specifically authorized by Code Section 42-8-63.1,34 |
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41 | | - | while a defendant is under active probation supervision for such offense, or as35 |
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42 | | - | provided in a court order only for the following purposes:36 |
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43 | | - | (I) As specifically authorized by Code Section 42-8-63.1;37 |
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44 | | - | (II) To criminal justice agencies for purposes of employment in accordance with38 |
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45 | | - | procedures established by the center;39 |
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46 | | - | (III) Pursuant to any disclosure or consideration of criminal history record40 |
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47 | | - | information required by federal or state law including, but not limited to, those41 |
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48 | | - | disclosures required for federally insured financial institutions; or42 |
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49 | | - | S. B. 512 (SUB) |
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50 | | - | - 2 - 24 LC 48 1324S |
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51 | | - | (IV) For the purpose of any determination regarding the transfer of a firearm or the43 |
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52 | | - | issuance of a license pursuant to Code Section 16-11-129;"44 |
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53 | | - | SECTION 2.45 |
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54 | | - | Said chapter is further amended by revising subparagraph (a)(1)(B) of Code Section 35-3-35,46 |
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55 | | - | relating to disclosure and dissemination of records to public agencies and political47 |
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56 | | - | subdivisions and responsibility and liability of issuing center, as follows:48 |
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57 | | - | "(B)(i) The center shall not provide records of arrests, charges, or sentences when an49 |
---|
58 | | - | individual has been sentenced pursuant to Article 3 of Chapter 8 of Title 42 and has50 |
---|
59 | | - | been exonerated and discharged without court adjudication of guilt as a matter of law51 |
---|
60 | | - | or pursuant to a court order, including records relating to such defendant's bench52 |
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61 | | - | warrants, failure to appear, and probation for such offense, except as specifically53 |
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62 | | - | authorized by Code Section 42-8-63.1. The center shall not provide records of arrests,54 |
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63 | | - | charges, or sentences when an individual has been sentenced as provided in Code55 |
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64 | | - | Section 15-1-20, including records relating to such defendant's bench warrants, failure56 |
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65 | | - | to appear, and probation for such offense, except as specifically authorized by Code57 |
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66 | | - | Section 42-8-63.1.58 |
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67 | | - | (ii) During the period of time after a defendant, who has been sentenced pursuant to59 |
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68 | | - | Article 3 of Chapter 8 of Title 42 but has not been exonerated and discharged without60 |
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69 | | - | court adjudication of guilt as a matter of law or pursuant to a court order, has61 |
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70 | | - | completed active probation supervision through the remainder of such sentence, the62 |
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71 | | - | center shall not provide records of arrests, charges, or sentences except as specifically63 |
---|
72 | | - | authorized by Code Section 42-8-63.1.64 |
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73 | | - | (iii) The center may provide records of arrests, charges, or sentences when an65 |
---|
74 | | - | individual has been sentenced pursuant to Article 3 of Chapter 8 of Title 42 but has66 |
---|
75 | | - | not been exonerated and discharged without court adjudication of guilt as a matter of67 |
---|
76 | | - | law or pursuant to a court order, as specifically authorized by Code Section 42-8-63.1,68 |
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77 | | - | S. B. 512 (SUB) |
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78 | | - | - 3 - 24 LC 48 1324S |
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79 | | - | while a defendant is under active probation supervision for such offense, or as69 |
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80 | | - | provided in a court order only for the following purposes:70 |
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81 | | - | (I) As specifically authorized by Code Section 42-8-63.1;71 |
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82 | | - | (II) To criminal justice agencies for purposes of employment in accordance with72 |
---|
83 | | - | procedures established by the center;73 |
---|
84 | | - | (III) Pursuant to any disclosure or consideration of criminal history record74 |
---|
85 | | - | information required by federal or state law including, but not limited to, those75 |
---|
86 | | - | disclosures required for federally insured financial institutions;76 |
---|
87 | | - | (IV) For the purpose of any determination regarding the transfer of a firearm or the77 |
---|
88 | | - | issuance of a license pursuant to Code Section 16-11-129; or78 |
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89 | | - | (V) To criminal justice agencies, as such term is defined in Code Section 35-3-30;"79 |
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90 | | - | SECTION 3.80 |
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91 | | - | Article 3 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to first81 |
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92 | | - | offenders relative to probation, is amended by revising Code Section 42-8-62.1, relating to82 |
---|
93 | | - | limiting public access to first offender status, petitioning, and sealing record, as follows:83 |
---|
94 | | - | "42-8-62.1.84 |
---|
95 | | - | (a) As used in this Code section, the term:85 |
---|
96 | | - | (1) 'Criminal history record information' shall have the same meaning as set forth in86 |
---|
97 | | - | Code Section 35-3-30.87 |
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98 | | - | (2) 'Prosecuting attorney' shall have the same meaning as set forth in Code Section88 |
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99 | | - | 35-3-37.89 |
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100 | | - | (3) 'Restrict,' 'restricted,' or 'restriction' shall have the same meaning as set forth in Code90 |
---|
101 | | - | Section 35-3-37.91 |
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102 | | - | (4) 'Victim' shall have the same meaning as set forth in Code Section 17-17-3.92 |
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103 | | - | (b)(1) At the time of sentencing, or during the term of a sentence that was imposed93 |
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104 | | - | before July 1, 2016, the defendant may seek to the court shall limit public access to his94 |
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105 | | - | S. B. 512 (SUB) |
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106 | | - | - 4 - 24 LC 48 1324S |
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107 | | - | or her first offender sentencing information, and the court may, in its discretion, order any95 |
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108 | | - | of by ordering the following:96 |
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109 | | - | (A) Restrict dissemination of the defendant's first offender records, except as provided97 |
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110 | | - | in subsection (h) of this Code section;98 |
---|
111 | | - | (B) The criminal file, docket books, criminal minutes, final record, all other records of99 |
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112 | | - | the court, and the defendant's criminal history record information in the custody of the100 |
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113 | | - | clerk of court, including within any index, be sealed and unavailable to the public,101 |
---|
114 | | - | except as provided in subsection (h) of this Code section; and102 |
---|
115 | | - | (C) Law enforcement agencies, jails, or detention centers to restrict the defendant's103 |
---|
116 | | - | criminal history record information of arrest, including any fingerprints or photographs104 |
---|
117 | | - | taken in conjunction with such arrest, except as provided in subsection (h) of this Code105 |
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118 | | - | section.106 |
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119 | | - | (2) When considering the defendant's request under this subsection, the court shall weigh107 |
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120 | | - | the public's interest in the defendant's criminal history record information being publicly108 |
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121 | | - | available and the harm to the defendant's privacy and issue written findings of fact109 |
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122 | | - | thereupon.110 |
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123 | | - | (3) The court shall specify the date that such prohibited dissemination, sealing, and111 |
---|
124 | | - | restrictions will take effect.112 |
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125 | | - | (c) An individual who has been exonerated of guilt and discharged pursuant to this article,113 |
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126 | | - | including those individuals exonerated of guilt and discharged prior to July 1, 2016, was114 |
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127 | | - | sentenced pursuant to this article prior to July 1, 2024, and has not had their sentence115 |
---|
128 | | - | revoked and adjudicated guilty, may petition the court that granted ordered such discharge116 |
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129 | | - | sentence for an order to seal and make unavailable to the public the criminal file, docket117 |
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130 | | - | books, criminal minutes, final record, all other records of the court, and the defendant's118 |
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131 | | - | criminal history record information in the custody of the clerk of court, including within119 |
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132 | | - | any index limit public access to his or her case information pursuant to subsection (b) of120 |
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133 | | - | this Code section. Notice of such petition shall be sent to the clerk of court and the121 |
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134 | | - | S. B. 512 (SUB) |
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135 | | - | - 5 - 24 LC 48 1324S |
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136 | | - | prosecuting attorney. A notice sent by registered or certified mail or statutory overnight122 |
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137 | | - | delivery shall be sufficient notice.123 |
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138 | | - | (d) Within 90 days of the filing of a petition pursuant to subsection (c) of this Code124 |
---|
139 | | - | section, the court shall order restriction and sealing of the criminal file, docket books,125 |
---|
140 | | - | criminal minutes, final record, all other records of the court, and the defendant's criminal126 |
---|
141 | | - | history record information in the custody of the clerk of court, including within any index,127 |
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142 | | - | to be sealed and made unavailable to the public, except as provided in subsection (h) of this128 |
---|
143 | | - | Code section if the court finds by a preponderance of the evidence that:129 |
---|
144 | | - | (1) An exoneration of guilt and discharge has been granted pursuant to this article; and130 |
---|
145 | | - | (2) The harm otherwise resulting to the privacy of the individual outweighs the public131 |
---|
146 | | - | interest in the criminal history record information being publicly available.132 |
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147 | | - | (e)(1) Within 60 days of the filing of the court's order under subsection (b) or (d) of this133 |
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148 | | - | Code section, the clerk of court shall cause every document in connection with such134 |
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149 | | - | individual's case, physical or electronic, in its custody, possession, or control to be sealed135 |
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150 | | - | to the public except as provided in subsection (h) of this Code section.136 |
---|
151 | | - | (2) Upon sealing and making unavailable to the public, the clerk of court shall display137 |
---|
152 | | - | on the file in bold print on the cover of the file a notice to all court personnel that such138 |
---|
153 | | - | file is sealed from the public view and dissemination of the contents to anyone other than139 |
---|
154 | | - | those authorized by this Code section is prohibited. Such notice shall be sealed from140 |
---|
155 | | - | public view and only available to the parties listed in subsection (h) of this Code section.141 |
---|
156 | | - | Parties provided for in subsection (h) of this Code section shall maintain access to the142 |
---|
157 | | - | record.143 |
---|
158 | | - | (f) When a court orders sealing of court records under subsection (b) or (d) of this Code144 |
---|
159 | | - | section, the court may shall also order that records maintained by law enforcement145 |
---|
160 | | - | agencies, jails, and detention centers be restricted and unavailable to the public. Such146 |
---|
161 | | - | entities shall comply with such restriction order within 30 days of receiving a copy of such147 |
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162 | | - | order.148 |
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163 | | - | S. B. 512 (SUB) |
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164 | | - | - 6 - 24 LC 48 1324S |
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165 | | - | (g)(1) Information sealed or restricted pursuant to this Code section shall always be149 |
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166 | | - | available for inspection, copying, and use:150 |
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167 | | - | (A) As provided in subsection (c) of Code Section 42-8-65;151 |
---|
168 | | - | (B) By the Judicial Qualifications Commission;152 |
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169 | | - | (C) By a prosecuting attorney or public defender who submits a sworn affidavit to the153 |
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170 | | - | clerk of court that attests that such information is relevant to a criminal proceeding;154 |
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171 | | - | (D) Pursuant to a court order; and155 |
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172 | | - | (E) By an individual who is the subject of sealed court files or restricted criminal156 |
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173 | | - | history record information upon court order.157 |
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174 | | - | (2) The confidentiality of such information shall be maintained insofar as practical.158 |
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175 | | - | (g) If a court of competent jurisdiction revokes the First Offender Act sentence and159 |
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176 | | - | adjudicates the defendant guilty of the underlying First Offender Act offense while such160 |
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177 | | - | defendant is serving a first offender sentence, restriction and sealing of such court records161 |
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178 | | - | shall be removed, and such records may be disseminated by the court, law enforcement162 |
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179 | | - | agencies, jails, and detention centers.163 |
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180 | | - | (h)(1) The following entities shall be entitled to access the criminal file, docket books,164 |
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181 | | - | criminal minutes, final record, and all other records of the court during the period of time165 |
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182 | | - | a defendant has been sentenced pursuant to this article but has not been exonerated and166 |
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183 | | - | discharged without court adjudication of guilt as a matter of law or pursuant to a court167 |
---|
184 | | - | order. No court order or affidavit shall be required for the following entities to access168 |
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185 | | - | such records unless otherwise provided:169 |
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186 | | - | (A) As authorized by Code Section 42-8-63.1;170 |
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187 | | - | (B) To criminal justice agencies, as such term is defined in Code Section 35-3-30;171 |
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188 | | - | (C) As authorized by subsection (c) of Code Section 42-8-65;172 |
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189 | | - | (D) Any prosecuting attorney. Prosecuting attorneys shall be authorized to share173 |
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190 | | - | relevant case information with the victim of the underlying first offender offense174 |
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191 | | - | pursuant to the Crime Victims’ Bill of Rights, as provided in Code Section 17-17-1;175 |
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192 | | - | S. B. 512 (SUB) |
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193 | | - | - 7 - 24 LC 48 1324S |
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194 | | - | (E) Any judge or court personnel;176 |
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195 | | - | (F) Any public defender;177 |
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196 | | - | (G) An individual who is the subject of sealed court files or restricted criminal history178 |
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197 | | - | record information;179 |
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198 | | - | (H) The Judicial Qualifications Commission;180 |
---|
199 | | - | (I) The Department of Community Supervision;181 |
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200 | | - | (J) Pursuant to any disclosure or consideration of criminal history record information182 |
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201 | | - | required by federal or state law including, but not limited to, those disclosures required183 |
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202 | | - | for federally insured financial institutions;184 |
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203 | | - | (K) For the purpose of any determination regarding the transfer of a firearm or the185 |
---|
204 | | - | issuance of a license pursuant to Code Section 16-11-129; or186 |
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205 | | - | (L) When such records are made available for inspection, copying, and use pursuant187 |
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206 | | - | to a court order.188 |
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207 | | - | (2) The confidentiality of such information shall be maintained insofar as practical."189 |
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208 | | - | SECTION 4.190 |
---|
209 | | - | Said article is further amended by adding a new Code section to read as follows:191 |
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210 | | - | "42-8-62.2.192 |
---|
211 | | - | (a) As used in this Code section, the term:193 |
---|
212 | | - | (1) 'Criminal history record information' shall have the same meaning as set forth in194 |
---|
213 | | - | Code Section 35-3-30.195 |
---|
214 | | - | (2) 'Prosecuting attorney' shall have the same meaning as set forth in Code Section196 |
---|
215 | | - | 35-3-37.197 |
---|
216 | | - | (3) 'Restrict,' 'restricted,' or 'restriction' shall have the same meaning as set forth in Code198 |
---|
217 | | - | Section 35-3-37.199 |
---|
218 | | - | (b) At the time a defendant who has been sentenced pursuant to this article has been200 |
---|
219 | | - | exonerated and discharged without court adjudication of guilt as a matter of law or201 |
---|
220 | | - | S. B. 512 (SUB) |
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221 | | - | - 8 - 24 LC 48 1324S |
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222 | | - | pursuant to a court order, the criminal file, docket books, criminal minutes, final record,202 |
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223 | | - | and all other records of the court shall be restricted except as provided in subsection (g) of203 |
---|
224 | | - | this Code section.204 |
---|
225 | | - | (c) An individual who has been exonerated of guilt and discharged without court205 |
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226 | | - | adjudication of guilt as a matter of law or pursuant to a court order pursuant to this article206 |
---|
227 | | - | prior to July 1, 2024, may petition the court that granted such discharge for an order to seal207 |
---|
228 | | - | and make unavailable to the public the criminal file, docket books, criminal minutes, final208 |
---|
229 | | - | record, all other records of the court, and the defendant's criminal history record209 |
---|
230 | | - | information in the custody of the clerk of court, including within any index. Notice of such210 |
---|
231 | | - | petition shall be sent to the clerk of court and the prosecuting attorney. A notice sent by211 |
---|
232 | | - | registered or certified mail or statutory overnight delivery shall be sufficient notice.212 |
---|
233 | | - | (d) Within 90 days of the filing of a petition pursuant to subsection (c) of this Code213 |
---|
234 | | - | section, the court shall order the criminal file, docket books, criminal minutes, final record,214 |
---|
235 | | - | all other records of the court, and the defendant's criminal history record information in the215 |
---|
236 | | - | custody of the clerk of court, including within any index, to be sealed and made unavailable216 |
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237 | | - | to the public.217 |
---|
238 | | - | (e) Within 60 days of exoneration and discharge under subsection (b) of this Code section218 |
---|
239 | | - | or the filing of the court's order under subsection (d) of this Code section, the clerk of court219 |
---|
240 | | - | shall cause every document in connection with such individual's case, physical or220 |
---|
241 | | - | electronic, in its custody, possession, or control to be sealed.221 |
---|
242 | | - | (f) When a court orders sealing of court records under this Code section, the court shall222 |
---|
243 | | - | also order that records maintained by law enforcement agencies, jails, and detention centers223 |
---|
244 | | - | be restricted and unavailable to the public. Such entities shall comply with such restriction224 |
---|
245 | | - | within 30 days of receiving a copy of such order.225 |
---|
246 | | - | (g)(1) Information sealed or restricted pursuant to this Code section shall always be226 |
---|
247 | | - | available for inspection, copying, and use:227 |
---|
248 | | - | (A) As provided in subsection (c) of Code Section 42-8-65;228 |
---|
249 | | - | S. B. 512 (SUB) |
---|
250 | | - | - 9 - 24 LC 48 1324S |
---|
251 | | - | (B) By the Judicial Qualifications Commission;229 |
---|
252 | | - | (C) By judges of courts of competent jurisdiction in the State of Georgia;230 |
---|
253 | | - | (D) By a prosecuting attorney or public defender who submits a sworn affidavit to the231 |
---|
254 | | - | clerk of court that attests that such information is relevant to a criminal proceeding. No232 |
---|
255 | | - | prosecuting attorney or public defender shall be required to obtain a court order to233 |
---|
256 | | - | obtain such information that is relevant to a criminal proceeding;234 |
---|
257 | | - | (E) Pursuant to a court order; and235 |
---|
258 | | - | (F) By an individual who is the subject of sealed court files or restricted criminal236 |
---|
259 | | - | history record information.237 |
---|
260 | | - | (2) The confidentiality of such information shall be maintained insofar as practical."238 |
---|
261 | | - | SECTION 5.239 |
---|
262 | | - | All laws and parts of laws in conflict with this Act are repealed.240 |
---|
263 | | - | S. B. 512 (SUB) |
---|
264 | | - | - 10 - |
---|
| 8 | + | To amend Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to |
---|
| 9 | + | 1 |
---|
| 10 | + | payment and disposition of fines and forfeitures, so as to create the Victims of Human2 |
---|
| 11 | + | Trafficking Fund and the Victims of Human Trafficking Fund Commission; to provide for3 |
---|
| 12 | + | definitions; to provide for appointment of members of the commission and personnel; to4 |
---|
| 13 | + | provide for duties of the commission and allow for expenses; to provide for5 |
---|
| 14 | + | recommendations of changes in state programs, laws, and policies; to provide for acceptance6 |
---|
| 15 | + | of federal funds and individual donations; to provide for fines and penalties; to provide for7 |
---|
| 16 | + | collection of fines and disposition of moneys collected; to provide for a duty to collect; to8 |
---|
| 17 | + | provide for a cause of action and forfeiture; to amend Code Section 16-6-13.3 of the Official9 |
---|
| 18 | + | Code of Georgia Annotated, relating to civil forfeiture of proceeds and property, so as to10 |
---|
| 19 | + | provide for the forfeiture of proceeds or money which is used, intended for use, used in any11 |
---|
| 20 | + | manner to facilitate, or derived from the criminal offense of trafficking of persons for labor12 |
---|
| 21 | + | or sexual servitude; to amend Title 16 of the Official Code of Georgia Annotated, relating13 |
---|
| 22 | + | to crimes and offenses, so as to provide for a required human trafficking training program14 |
---|
| 23 | + | for hotels; to provide for definitions; to provide for retraining; to provide that the provisions15 |
---|
| 24 | + | of Code Section 16-6-16, relating to masturbation for hire, shall be applicable only to persons16 |
---|
| 25 | + | above a certain age; to amend Code Sections 17-10-21 and 35-3-37 of the Official Code of17 |
---|
| 26 | + | Georgia Annotated, relating to vacating of sentence for trafficking victim defendants and18 |
---|
| 27 | + | review of individual’s criminal history record information, definitions, privacy19 |
---|
| 28 | + | S. B. 512 |
---|
| 29 | + | - 1 - 24 SB 512/CSFA |
---|
| 30 | + | considerations, written application requesting review, and inspection, respectively, so as to |
---|
| 31 | + | 20 |
---|
| 32 | + | authorize certain relief for defendants conditionally discharged for possession of controlled21 |
---|
| 33 | + | substances or sentenced as a first offender; to provide for related matters; to provide for a22 |
---|
| 34 | + | contingent effective date and automatic repeal; to repeal conflicting laws; and for other23 |
---|
| 35 | + | purposes.24 |
---|
| 36 | + | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:25 |
---|
| 37 | + | PART I26 |
---|
| 38 | + | SECTION 1-1.27 |
---|
| 39 | + | Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to payment and28 |
---|
| 40 | + | disposition of fines and forfeitures, is amended by adding a new article to read as follows:29 |
---|
| 41 | + | "ARTICLE 12 |
---|
| 42 | + | 30 |
---|
| 43 | + | 15-21-220.31 |
---|
| 44 | + | This article is enacted pursuant to Article III, Section IX, Paragraph VI(o) of the32 |
---|
| 45 | + | Constitution, which provision authorizes additional penalty assessments for violations33 |
---|
| 46 | + | relating to certain sexual crimes and provides that the proceeds derived therefrom may be34 |
---|
| 47 | + | used for the purpose of meeting the costs of care and rehabilitative and social services for35 |
---|
| 48 | + | certain individuals in this state who have been sexually exploited.36 |
---|
| 49 | + | 15-21-221.37 |
---|
| 50 | + | As used in this article, the term:38 |
---|
| 51 | + | (1) 'Commission' means the Victims of Human Trafficking Fund Commission.39 |
---|
| 52 | + | (2) 'Fund' means the Victims of Human Trafficking Fund.40 |
---|
| 53 | + | (3) 'Safe house' means a licensed residential facility that provides safe and secure shelter.41 |
---|
| 54 | + | S. B. 512 |
---|
| 55 | + | - 2 - 24 SB 512/CSFA |
---|
| 56 | + | (4) 'Sexually explicit conduct' shall have the same meaning as set forth in Code42 |
---|
| 57 | + | Section 16-12-100.43 |
---|
| 58 | + | (5) 'Sexually exploited victim' means a person who:44 |
---|
| 59 | + | (A) Has been the victim of trafficking of persons for sexual servitude in violation of45 |
---|
| 60 | + | Code Section 16-5-46;46 |
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| 61 | + | (B) Has engaged in sodomy, prostitution, solicitation of sodomy, or masturbation for47 |
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| 62 | + | hire; or48 |
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| 63 | + | (C) Has been the victim of sexually explicit conduct for the purpose of producing any49 |
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| 64 | + | print or visual medium.50 |
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| 65 | + | (6) 'Visual medium' shall have the same meaning as set forth in Code Section 16-12-100.51 |
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| 66 | + | 15-21-222.52 |
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| 67 | + | (a) There is established the Victims of Human Trafficking Fund Commission which is53 |
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| 68 | + | assigned to the Division of Family and Children Services of the Department of Human54 |
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| 69 | + | Resources for administrative purposes only, as prescribed in Code Section 50-4-3.55 |
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| 70 | + | (b) There is created the Victims of Human Trafficking Fund as a separate fund in the state56 |
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| 71 | + | treasury. The state treasurer shall credit to the fund all amounts transferred to the fund and57 |
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| 72 | + | shall invest the fund moneys in the same manner as authorized for investing other moneys58 |
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| 73 | + | in the state treasury.59 |
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| 74 | + | (c) The commission may authorize the disbursement of available money from the fund,60 |
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| 75 | + | after appropriation thereof, for purposes of providing care, rehabilitative services,61 |
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| 76 | + | residential housing, health services, and social services, including establishing safe houses,62 |
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| 77 | + | to sexually exploited victims and to a person, entity, or program eligible pursuant to criteria63 |
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| 78 | + | to be set by the commission. The commission shall also consider disbursement of available64 |
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| 79 | + | money from the fund to a person, entity, or program devoted to awareness and prevention65 |
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| 80 | + | of becoming a sexually exploited victim. The commission may also authorize the66 |
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| 81 | + | disbursement of fund money for the actual and necessary operating expenses that the67 |
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| 82 | + | S. B. 512 |
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| 83 | + | - 3 - 24 SB 512/CSFA |
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| 84 | + | commission incurs in performing its duties; provided, however, that such disbursements68 |
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| 85 | + | shall be kept at a minimum in furtherance of the primary purpose of the fund, which is to69 |
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| 86 | + | disburse money to provide care and rehabilitative and social services to sexually exploited70 |
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| 87 | + | victims.71 |
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| 88 | + | 15-21-223.72 |
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| 89 | + | (a) The commission shall consist of six members. Five of the members shall serve for73 |
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| 90 | + | terms of two years, except that, with respect to the first members appointed, two members74 |
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| 91 | + | shall be appointed for terms of three years, two members for terms of two years, and one75 |
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| 92 | + | member for a term of one year. The director of the Division of Family and Children76 |
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| 93 | + | Services of the Department of Human Services shall be a permanent member of the77 |
---|
| 94 | + | commission. The chairperson of the Criminal Justice Coordinating Council, the78 |
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| 95 | + | commissioner of behavioral health and developmental disabilities, the director of the79 |
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| 96 | + | Division of Family and Children Services of the Department of Human Services, the80 |
---|
| 97 | + | President of the Senate, and the Speaker of the House of Representatives shall each appoint81 |
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| 98 | + | one member of the commission. The Governor shall establish initial terms of office for all82 |
---|
| 99 | + | members of the commission within the limitations of this subsection.83 |
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| 100 | + | (b) In the event of death, resignation, disqualification, or removal for any reason of any84 |
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| 101 | + | member of the commission, the vacancy shall be filled in the same manner as the original85 |
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| 102 | + | appointment, and the successor shall serve for the unexpired term.86 |
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| 103 | + | (c) Membership on the commission shall not constitute public office, and no member shall87 |
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| 104 | + | be disqualified from holding public office by reason of his or her membership.88 |
---|
| 105 | + | (d) The Governor shall designate a chairperson of the commission from among the89 |
---|
| 106 | + | members, which chairperson shall serve in that position at the pleasure of the Governor. 90 |
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| 107 | + | The commission may elect such other officers and committees as it considers appropriate.91 |
---|
| 108 | + | S. B. 512 |
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| 109 | + | - 4 - 24 SB 512/CSFA |
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| 110 | + | (e) The commission, with the approval of the Governor, may employ such professional,92 |
---|
| 111 | + | technical, or clerical personnel as deemed necessary to carry out the purposes of this93 |
---|
| 112 | + | article.94 |
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| 113 | + | 15-21-224.95 |
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| 114 | + | Members of the commission shall serve without compensation but shall receive the same96 |
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| 115 | + | expense allowance per day as that received by a member of the General Assembly for each97 |
---|
| 116 | + | day such member of the commission is in attendance at a meeting of such commission, plus98 |
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| 117 | + | either reimbursement for actual transportation costs while traveling by public carrier or the99 |
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| 118 | + | same mileage allowance for use of a personal car in connection with such attendance as100 |
---|
| 119 | + | members of the General Assembly receive. Such expense and travel allowance shall be101 |
---|
| 120 | + | paid in lieu of any per diem, allowance, or other remuneration now received by any such102 |
---|
| 121 | + | member for such attendance. Expense allowances and other costs authorized in this Code103 |
---|
| 122 | + | section shall be paid from moneys in the fund.104 |
---|
| 123 | + | 15-21-225.105 |
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| 124 | + | (a) The commission shall:106 |
---|
| 125 | + | (1) Meet at such times and places as it shall determine necessary or convenient to107 |
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| 126 | + | perform its duties on the call of the chairperson or the Governor;108 |
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| 127 | + | (2) Maintain minutes of its meetings;109 |
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| 128 | + | (3) Adopt rules and regulations for the transaction of its business;110 |
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| 129 | + | (4) Accept applications for disbursements of available money from the fund;111 |
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| 130 | + | (5) Develop a state-wide protocol for helping to coordinate the delivery of services to112 |
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| 131 | + | sexually exploited victims;113 |
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| 132 | + | (6) Provide oversight and accountability for any program that receives disbursements114 |
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| 133 | + | from the fund;115 |
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| 134 | + | S. B. 512 |
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| 135 | + | - 5 - 24 SB 512/CSFA |
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| 136 | + | (7) Maintain records of all its expenditures, funds received as gifts and donations, and116 |
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| 137 | + | disbursements made from the fund; and117 |
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| 138 | + | (8) Conform to the standards and requirements prescribed by the state accounting officer118 |
---|
| 139 | + | pursuant to Chapter 5B of Title 50.119 |
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| 140 | + | (b) The commission shall utilize existing state resources and staff of participating120 |
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| 141 | + | departments whenever practicable.121 |
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| 142 | + | 15-21-226.122 |
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| 143 | + | The commission may recommend to the Governor and the General Assembly changes in123 |
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| 144 | + | state programs, laws, policies, budgets, and standards relating to the care and rehabilitation124 |
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| 145 | + | of sexually exploited victims, changes to improve coordination among state agencies that125 |
---|
| 146 | + | provide care and rehabilitative and social services to sexually exploited victims, and126 |
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| 147 | + | changes to improve the condition of sexually exploited victims who are in need of127 |
---|
| 148 | + | rehabilitative and social services.128 |
---|
| 149 | + | 15-21-227.129 |
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| 150 | + | The commission may accept and solicit federal funds granted by Congress or executive130 |
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| 151 | + | order for the purposes of this article as well as gifts and donations from individuals, private131 |
---|
| 152 | + | organizations, or foundations. The acceptance and use of federal funds shall not commit132 |
---|
| 153 | + | state funds and shall not place an obligation upon the General Assembly to continue the133 |
---|
| 154 | + | purposes for which the federal funds are made available. All such funds received in the134 |
---|
| 155 | + | manner described in this Code section shall be transmitted to the state treasurer for deposit135 |
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| 156 | + | into the fund to be disbursed as other moneys in the fund.136 |
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| 157 | + | 15-21-228.137 |
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| 158 | + | (a) In every case in which any court in this state imposes a fine, including costs, for138 |
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| 159 | + | trafficking a person for sexual servitude in violation of Code Section 16-5-46 or any139 |
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| 160 | + | S. B. 512 |
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| 161 | + | - 6 - 24 SB 512/CSFA |
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| 162 | + | violation of Code Section 16-6-10, 16-6-11, 16-6-12, 16-6-15, 16-6-16, or 16-12-100, there140 |
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| 163 | + | shall be imposed an additional penalty of $2,500.00 if the defendant was 18 years of age141 |
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| 164 | + | or older at the time of the offense.142 |
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| 165 | + | (b) The penalty provided for in subsection (a) of this Code section shall be in addition to143 |
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| 166 | + | any amount required to be paid into any pension, annuity, or retirement fund under Title 47144 |
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| 167 | + | or any other law and in addition to any other amounts provided for in this chapter.145 |
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| 168 | + | (c) The penalty provided for in subsection (a) of this Code section shall be assessed and146 |
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| 169 | + | collected by the clerk or court officer charged with the duty of collecting moneys arising147 |
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| 170 | + | from fines and shall be paid over by the last day of the following month to the Georgia148 |
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| 171 | + | Superior Court Clerks' Cooperative Authority for remittance to the Victims of Human149 |
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| 172 | + | Trafficking Fund Commission, to be deposited into the Victims of Human Trafficking150 |
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| 173 | + | Fund.151 |
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| 174 | + | (d) Any person whose duty it is to collect and remit the penalty provided for in152 |
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| 175 | + | subsection (a) of this Code section who intentionally refuses to so remit shall be guilty of153 |
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| 176 | + | a misdemeanor.154 |
---|
| 177 | + | (e)(1) In addition to the costs and fees assessed in subsections (a) through (c) of this155 |
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| 178 | + | Code section, an individual who is a victim of a violation of Code Section 16-5-46 shall156 |
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| 179 | + | have a cause of action against any perpetrator and may recover damages and reasonable157 |
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| 180 | + | attorney's fees.158 |
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| 181 | + | (2) Upon a conviction of any of the offenses provided in subsection (a) of this Code159 |
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| 182 | + | section, any real or personal property which is, directly or indirectly, used or intended for160 |
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| 183 | + | use in any manner to facilitate such offense is declared to be contraband and subject to161 |
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| 184 | + | forfeiture in accordance with the procedures set forth in Chapter 16 of Title 9."162 |
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| 185 | + | SECTION 1-2.163 |
---|
| 186 | + | Code Section 16-6-13.3 of the Official Code of Georgia Annotated, relating to civil forfeiture164 |
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| 187 | + | of proceeds and property, is amended by revising subsection (b) as follows:165 |
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| 188 | + | S. B. 512 |
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| 189 | + | - 7 - 24 SB 512/CSFA |
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| 190 | + | "(b) Any property which is, directly or indirectly, used or intended for use in any manner |
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| 191 | + | 166 |
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| 192 | + | to facilitate a violation of Code Section 16-6-10, 16-6-11, or |
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| 193 | + | 16-6-12, or 16-5-46 and any167 |
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| 194 | + | proceeds are declared to be contraband and no person shall have a property right in them."168 |
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| 195 | + | PART II169 |
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| 196 | + | SECTION 2-1.170 |
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| 197 | + | Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is171 |
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| 198 | + | amended by revising Article 3 of Chapter 5, relating to kidnapping, false imprisonment, and172 |
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| 199 | + | related offenses, by adding a new Code section to read as follows:173 |
---|
| 200 | + | "16-5-48.174 |
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| 201 | + | (a) As used in this Code section, the term:175 |
---|
| 202 | + | (1) 'Employee' means any person employed by a hotel that:176 |
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| 203 | + | (A) Has frequent or regular interactions with guests, such as front desk staff, hotel177 |
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| 204 | + | porters, hotel concierges, restaurant waiting and bartending staff, room service staff,178 |
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| 205 | + | and temporary employees;179 |
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| 206 | + | (B) Is in a management position; or180 |
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| 207 | + | (C) Has access to the guests' rooms, including housekeeping staff.181 |
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| 208 | + | (2) 'Hotel' shall have the same meaning as defined in Code Section 16-5-47.182 |
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| 209 | + | (b) Every hotel proprietor shall require its employees to complete a training course on183 |
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| 210 | + | recognizing and reporting instances of suspected human trafficking. Such training course184 |
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| 211 | + | shall be an online course provided by the Criminal Justice Coordinating Council at no cost185 |
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| 212 | + | to the hotel proprietor nor employees or an alternative online or in-person training course186 |
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| 213 | + | approved by the Georgia Bureau of Investigation. The Criminal Justice Coordinating187 |
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| 214 | + | Council shall approve or deny the use of any alternative online or in-person training course188 |
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| 215 | + | within 60 days of the submission of such training course for approval.189 |
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| 216 | + | S. B. 512 |
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| 217 | + | - 8 - 24 SB 512/CSFA |
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| 218 | + | (c) Each hotel employee shall complete the required training course described in190 |
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| 219 | + | subsection (b) of this Code section within six months of being employed by a hotel and191 |
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| 220 | + | thereafter at least once during each consecutive period of two calendar years, commencing192 |
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| 221 | + | with the date on which he or she last completed the required training course, for as long as193 |
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| 222 | + | he or she is employed by a hotel."194 |
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| 223 | + | SECTION 2-2.195 |
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| 224 | + | Said title is further amended by revising Code Section 16-6-16, relating to masturbation for196 |
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| 225 | + | hire, as follows:197 |
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| 226 | + | "16-6-16.198 |
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| 227 | + | (a) A person 18 years of age or older, including a masseur or masseuse, commits the199 |
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| 228 | + | offense of masturbation for hire when he or she erotically stimulates the genital organs of200 |
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| 229 | + | another, whether resulting in orgasm or not, by manual or other bodily contact exclusive201 |
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| 230 | + | of sexual intercourse or by instrumental manipulation for money or the substantial202 |
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| 231 | + | equivalent thereof.203 |
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| 232 | + | (b) A person committing the offense of masturbation for hire shall be guilty of a204 |
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| 233 | + | misdemeanor."205 |
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| 234 | + | PART III206 |
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| 235 | + | SECTION 3-1.207 |
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| 236 | + | Code Section 17-10-21 of the Official Code of Georgia Annotated, relating to vacating of208 |
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| 237 | + | sentence for trafficking victim defendants, is amended by revising paragraphs (1) and (4) and209 |
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| 238 | + | subparagraph (A) of paragraph (5) of subsection (a) as follows: 210 |
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| 239 | + | “(a)(1) A defendant convicted of an offense and sentenced, or a defendant sentenced 211 |
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| 240 | + | pursuant to Code Section 42-8-60 or 16-13-2, as a direct result of the defendant being the212 |
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| 241 | + | victim of an offense of trafficking under Code Section 16-5-46 may petition the court213 |
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| 242 | + | imposing the sentence to vacate such conviction and sentence or such sentence imposed214 |
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| 243 | + | S. B. 512 |
---|
| 244 | + | - 9 - 24 SB 512/CSFA |
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| 245 | + | pursuant to Code Section 42-8-60 or 16-13-2. Such court shall maintain the jurisdiction,215 |
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| 246 | + | power, and authority to vacate such conviction and sentence.”216 |
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| 247 | + | “(4) If the prosecuting attorney, to the court, consents in writing to the vacatur of such217 |
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| 248 | + | conviction or fails to respond to such petition within 30 days of service, the court218 |
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| 249 | + | imposing the conviction and sentence or sentence imposed pursuant to Code Section 42-219 |
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| 250 | + | 8-60 or 16-13-2 shall, without notice or hearing, issue an order vacating the conviction220 |
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| 251 | + | and sentence and shall also issue an order restricting access to criminal history record221 |
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| 252 | + | information for such offense. 222 |
---|
| 253 | + | (5)(A) If the prosecuting attorney, to the court, objects in writing to the petition, the223 |
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| 254 | + | court shall hold a hearing within 90 days of the filing of the petition. The court shall224 |
---|
| 255 | + | hear evidence and determine, by a preponderance of the evidence, whether the225 |
---|
| 256 | + | defendant committed such offense as a direct result of being the victim of an offense226 |
---|
| 257 | + | of trafficking under Code Section 16-5-46. If the court finds, by a preponderance of the227 |
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| 258 | + | evidence, that the defendant committed such offense as a direct result of being the228 |
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| 259 | + | victim of an offense of trafficking under Code Section 16-5-46, the court may issue an229 |
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| 260 | + | order vacating the conviction and sentence or sentence imposed pursuant to Code230 |
---|
| 261 | + | Section 42-8-60 or 16-13-2. The vacatur of a sentence under this chapter or a sentence231 |
---|
| 262 | + | imposed pursuant to Code Section 42-8-60 or 16-13-2 shall result in the discharge and232 |
---|
| 263 | + | dismissal of the action.” 233 |
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| 264 | + | SECTION 3-2.234 |
---|
| 265 | + | Code Section 35-3-37 of the Official Code of Georgia Annotated, relating to review of235 |
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| 266 | + | individual’s criminal history record information, definitions, privacy considerations, written236 |
---|
| 267 | + | application requesting review, and inspection, is amended by revising subparagraphs (A),237 |
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| 268 | + | (C), and (D) of paragraph (6) of subsection (j) as follows: 238 |
---|
| 269 | + | “(6)(A) A defendant convicted of an offense and sentenced, or a defendant sentenced239 |
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| 270 | + | pursuant to Code Section 42-8-60 or 16-13-2, while such individual was a victim of an240 |
---|
| 271 | + | S. B. 512 |
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| 272 | + | - 10 - 24 SB 512/CSFA |
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| 273 | + | offense of trafficking under Code Section 16-5-46 may petition the court imposing the |
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| 274 | + | 241 |
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| 275 | + | sentence to restrict such conviction and sentence or such sentence imposed pursuant to |
---|
| 276 | + | 242 |
---|
| 277 | + | Code Section 42-8-60 or 16-13-2. Such court shall maintain the jurisdiction, power, and243 |
---|
| 278 | + | authority to restrict such conviction and sentence.” 244 |
---|
| 279 | + | “(C) If the prosecuting attorney, to the court, consents in writing to the restriction of245 |
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| 280 | + | such conviction and sentence or fails to respond to such petition within 30 days of246 |
---|
| 281 | + | service, the court imposing the conviction and sentence or sentence imposed pursuant247 |
---|
| 282 | + | to Code Section 42-8-60 or 16-13-2 shall, without notice or hearing, issue an order248 |
---|
| 283 | + | restricting the conviction and sentence access to the criminal history record of such249 |
---|
| 284 | + | offense. 250 |
---|
| 285 | + | (D) If the prosecuting attorney, to the court, objects in writing to the petition, the court251 |
---|
| 286 | + | shall determine, by a preponderance of the evidence, whether the defendant committed252 |
---|
| 287 | + | such offense while such individual was a victim of an offense of trafficking under253 |
---|
| 288 | + | Code Section 16-5-46. If the court finds, by a preponderance of the evidence, that the254 |
---|
| 289 | + | defendant committed such offense while such individual was a victim of an offense of255 |
---|
| 290 | + | trafficking under Code Section 16-5-46, the court may issue an order restricting the256 |
---|
| 291 | + | conviction and sentence access to the criminal history record of such offense. The court257 |
---|
| 292 | + | shall hold a hearing within 90 days of the filing of the petition to hear evidence for258 |
---|
| 293 | + | purposes of making a determination under this subparagraph or make a determination259 |
---|
| 294 | + | upon the pleadings or record.”260 |
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| 295 | + | PART IV261 |
---|
| 296 | + | SECTION 4-1.262 |
---|
| 297 | + | (a) Except as provided in subsection (b) of this section, this Act shall become effective on263 |
---|
| 298 | + | July 1, 2024.264 |
---|
| 299 | + | (b) Section 1-1 of this Act shall become effective on July 1, 2025, provided that a265 |
---|
| 300 | + | constitutional amendment is passed by the General Assembly and is ratified by the voters in266 |
---|
| 301 | + | S. B. 512 |
---|
| 302 | + | - 11 - 24 SB 512/CSFA |
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| 303 | + | the November, 2024, General Election amending the Constitution of Georgia to authorize the |
---|
| 304 | + | 267 |
---|
| 305 | + | General Assembly to provide specific funding to the Victims of Human Trafficking Fund. 268 |
---|
| 306 | + | If such an amendment to the Constitution of Georgia is not so ratified, Section 1-1 of this Act269 |
---|
| 307 | + | shall not become effective and shall stand repealed by operation of law on January 1, 2025.270 |
---|
| 308 | + | SECTION 4-2.271 |
---|
| 309 | + | All laws and parts of laws in conflict with this Act are repealed.272 |
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| 310 | + | S. B. 512 |
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| 311 | + | - 12 - |
---|