Georgia 2023-2024 Regular Session

Georgia Senate Bill SB512 Compare Versions

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1-24 LC 48 1324S
2-The House Committee on Judiciary Non-Civil offers the following substitute to SB 512:
1+24 SB 512/CSFA
2+Senate Bill 512
3+By: Senators Still of the 48th, Kennedy of the 18th, Gooch of the 51st, Esteves of the 6th,
4+Dolezal of the 27th and others
5+AS PASSED SENATE
36 A BILL TO BE ENTITLED
47 AN ACT
5-To amend Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the1
6-Georgia Bureau of Investigation, so as to provide for the restriction and seal of First Offender2
7-Act sentences until such status is revoked; to amend Article 3 of Chapter 8 of Title 42 of the3
8-Official Code of Georgia Annotated, relating to first offenders relative to probation, so as to4
9-provide for the restriction and seal of first offender sentences at the time of sentencing; to5
10-provide for related matters; to repeal conflicting laws; and for other purposes.6
11-BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7
12-SECTION 1.8
13-Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia9
14-Bureau of Investigation, is amended by revising subparagraph (a)(1)(B) of Code Section10
15-35-3-34, relating to disclosure and dissemination of criminal records to private persons and11
16-businesses, resulting responsibility and liability of issuing center, and provision of certain12
17-information to the FBI in conjunction with the National Instant Criminal Background Check13
18-System, as follows:14
19-"(B)(i) The center shall not provide records of arrests, charges, or sentences when an15
20-individual has been sentenced pursuant to Article 3 of Chapter 8 of Title 42 and has16
21- S. B. 512 (SUB)
22-- 1 - 24 LC 48 1324S
23-been exonerated and discharged without court adjudication of guilt as a matter of law17
24-or pursuant to a court order or Code Section 15-1-20, including records relating to18
25-such defendant's bench warrants, failure to appear, and probation for such offense,19
26-except as specifically authorized by Code Section 42-8-63.1. The center shall not20
27-provide records of arrests, charges, or sentences when an individual has been21
28-sentenced as provided in Code Section 15-1-20, including records relating to such22
29-defendant's bench warrants, failure to appear, and probation for such offense, except23
30-as specifically authorized by Code Section 42-8-63.1.24
31-(ii) During the period of time after a defendant, who has been sentenced pursuant to25
32-Article 3 of Chapter 8 of Title 42 but has not been exonerated and discharged without26
33-court adjudication of guilt as a matter of law or pursuant to a court order, has27
34-completed active probation supervision through the remainder of such sentence, the28
35-center shall not provide records of arrests, charges, or sentences except as specifically29
36-authorized by Code Section 42-8-63.1.30
37-(iii) The center may provide records of arrests, charges, or sentences when an31
38-individual has been sentenced pursuant to Article 3 of Chapter 8 of Title 42 but has32
39-not been exonerated and discharged without court adjudication of guilt as a matter of33
40-law or pursuant to a court order, as specifically authorized by Code Section 42-8-63.1,34
41-while a defendant is under active probation supervision for such offense, or as35
42-provided in a court order only for the following purposes:36
43-(I) As specifically authorized by Code Section 42-8-63.1;37
44-(II) To criminal justice agencies for purposes of employment in accordance with38
45-procedures established by the center;39
46-(III) Pursuant to any disclosure or consideration of criminal history record40
47-information required by federal or state law including, but not limited to, those41
48-disclosures required for federally insured financial institutions; or42
49- S. B. 512 (SUB)
50-- 2 - 24 LC 48 1324S
51-(IV) For the purpose of any determination regarding the transfer of a firearm or the43
52-issuance of a license pursuant to Code Section 16-11-129;"44
53-SECTION 2.45
54-Said chapter is further amended by revising subparagraph (a)(1)(B) of Code Section 35-3-35,46
55-relating to disclosure and dissemination of records to public agencies and political47
56-subdivisions and responsibility and liability of issuing center, as follows:48
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
61-warrants, failure to appear, and probation for such offense, except as specifically53
62-authorized by Code Section 42-8-63.1. The center shall not provide records of arrests,54
63-charges, or sentences when an individual has been sentenced as provided in Code55
64-Section 15-1-20, including records relating to such defendant's bench warrants, failure56
65-to appear, and probation for such offense, except as specifically authorized by Code57
66-Section 42-8-63.1.58
67-(ii) During the period of time after a defendant, who has been sentenced pursuant to59
68-Article 3 of Chapter 8 of Title 42 but has not been exonerated and discharged without60
69-court adjudication of guilt as a matter of law or pursuant to a court order, has61
70-completed active probation supervision through the remainder of such sentence, the62
71-center shall not provide records of arrests, charges, or sentences except as specifically63
72-authorized by Code Section 42-8-63.1.64
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
77- S. B. 512 (SUB)
78-- 3 - 24 LC 48 1324S
79-while a defendant is under active probation supervision for such offense, or as69
80-provided in a court order only for the following purposes:70
81-(I) As specifically authorized by Code Section 42-8-63.1;71
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
89-(V) To criminal justice agencies, as such term is defined in Code Section 35-3-30;"79
90-SECTION 3.80
91-Article 3 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to first81
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
98-(2) 'Prosecuting attorney' shall have the same meaning as set forth in Code Section88
99-35-3-37.89
100-(3) 'Restrict,' 'restricted,' or 'restriction' shall have the same meaning as set forth in Code90
101-Section 35-3-37.91
102-(4) 'Victim' shall have the same meaning as set forth in Code Section 17-17-3.92
103-(b)(1) At the time of sentencing, or during the term of a sentence that was imposed93
104-before July 1, 2016, the defendant may seek to the court shall limit public access to his94
105- S. B. 512 (SUB)
106-- 4 - 24 LC 48 1324S
107-or her first offender sentencing information, and the court may, in its discretion, order any95
108-of by ordering the following:96
109-(A) Restrict dissemination of the defendant's first offender records, except as provided97
110-in subsection (h) of this Code section;98
111-(B) The criminal file, docket books, criminal minutes, final record, all other records of99
112-the court, and the defendant's criminal history record information in the custody of the100
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
118-section.106
119-(2) When considering the defendant's request under this subsection, the court shall weigh107
120-the public's interest in the defendant's criminal history record information being publicly108
121-available and the harm to the defendant's privacy and issue written findings of fact109
122-thereupon.110
123-(3) The court shall specify the date that such prohibited dissemination, sealing, and111
124-restrictions will take effect.112
125-(c) An individual who has been exonerated of guilt and discharged pursuant to this article,113
126-including those individuals exonerated of guilt and discharged prior to July 1, 2016, was114
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
129-sentence for an order to seal and make unavailable to the public the criminal file, docket117
130-books, criminal minutes, final record, all other records of the court, and the defendant's118
131-criminal history record information in the custody of the clerk of court, including within119
132-any index limit public access to his or her case information pursuant to subsection (b) of120
133-this Code section. Notice of such petition shall be sent to the clerk of court and the121
134- S. B. 512 (SUB)
135-- 5 - 24 LC 48 1324S
136-prosecuting attorney. A notice sent by registered or certified mail or statutory overnight122
137-delivery shall be sufficient notice.123
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
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
147-(e)(1) Within 60 days of the filing of the court's order under subsection (b) or (d) of this133
148-Code section, the clerk of court shall cause every document in connection with such134
149-individual's case, physical or electronic, in its custody, possession, or control to be sealed135
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
162-order.148
163- S. B. 512 (SUB)
164-- 6 - 24 LC 48 1324S
165-(g)(1) Information sealed or restricted pursuant to this Code section shall always be149
166-available for inspection, copying, and use:150
167-(A) As provided in subsection (c) of Code Section 42-8-65;151
168-(B) By the Judicial Qualifications Commission;152
169-(C) By a prosecuting attorney or public defender who submits a sworn affidavit to the153
170-clerk of court that attests that such information is relevant to a criminal proceeding;154
171-(D) Pursuant to a court order; and155
172-(E) By an individual who is the subject of sealed court files or restricted criminal156
173-history record information upon court order.157
174-(2) The confidentiality of such information shall be maintained insofar as practical.158
175-(g) If a court of competent jurisdiction revokes the First Offender Act sentence and159
176-adjudicates the defendant guilty of the underlying First Offender Act offense while such160
177-defendant is serving a first offender sentence, restriction and sealing of such court records161
178-shall be removed, and such records may be disseminated by the court, law enforcement162
179-agencies, jails, and detention centers.163
180-(h)(1) The following entities shall be entitled to access the criminal file, docket books,164
181-criminal minutes, final record, and all other records of the court during the period of time165
182-a defendant has been sentenced pursuant to this article but has not been exonerated and166
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
185-such records unless otherwise provided:169
186-(A) As authorized by Code Section 42-8-63.1;170
187-(B) To criminal justice agencies, as such term is defined in Code Section 35-3-30;171
188-(C) As authorized by subsection (c) of Code Section 42-8-65;172
189-(D) Any prosecuting attorney. Prosecuting attorneys shall be authorized to share173
190-relevant case information with the victim of the underlying first offender offense174
191-pursuant to the Crime Victims’ Bill of Rights, as provided in Code Section 17-17-1;175
192- S. B. 512 (SUB)
193-- 7 - 24 LC 48 1324S
194-(E) Any judge or court personnel;176
195-(F) Any public defender;177
196-(G) An individual who is the subject of sealed court files or restricted criminal history178
197-record information;179
198-(H) The Judicial Qualifications Commission;180
199-(I) The Department of Community Supervision;181
200-(J) Pursuant to any disclosure or consideration of criminal history record information182
201-required by federal or state law including, but not limited to, those disclosures required183
202-for federally insured financial institutions;184
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
205-(L) When such records are made available for inspection, copying, and use pursuant187
206-to a court order.188
207-(2) The confidentiality of such information shall be maintained insofar as practical."189
208-SECTION 4.190
209-Said article is further amended by adding a new Code section to read as follows:191
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)
221-- 8 - 24 LC 48 1324S
222-pursuant to a court order, the criminal file, docket books, criminal minutes, final record,202
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
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
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
61+(B) Has engaged in sodomy, prostitution, solicitation of sodomy, or masturbation for47
62+hire; or48
63+(C) Has been the victim of sexually explicit conduct for the purpose of producing any49
64+print or visual medium.50
65+(6) 'Visual medium' shall have the same meaning as set forth in Code Section 16-12-100.51
66+15-21-222.52
67+(a) There is established the Victims of Human Trafficking Fund Commission which is53
68+assigned to the Division of Family and Children Services of the Department of Human54
69+Resources for administrative purposes only, as prescribed in Code Section 50-4-3.55
70+(b) There is created the Victims of Human Trafficking Fund as a separate fund in the state56
71+treasury. The state treasurer shall credit to the fund all amounts transferred to the fund and57
72+shall invest the fund moneys in the same manner as authorized for investing other moneys58
73+in the state treasury.59
74+(c) The commission may authorize the disbursement of available money from the fund,60
75+after appropriation thereof, for purposes of providing care, rehabilitative services,61
76+residential housing, health services, and social services, including establishing safe houses,62
77+to sexually exploited victims and to a person, entity, or program eligible pursuant to criteria63
78+to be set by the commission. The commission shall also consider disbursement of available64
79+money from the fund to a person, entity, or program devoted to awareness and prevention65
80+of becoming a sexually exploited victim. The commission may also authorize the66
81+disbursement of fund money for the actual and necessary operating expenses that the67
82+S. B. 512
83+- 3 - 24 SB 512/CSFA
84+commission incurs in performing its duties; provided, however, that such disbursements68
85+shall be kept at a minimum in furtherance of the primary purpose of the fund, which is to69
86+disburse money to provide care and rehabilitative and social services to sexually exploited70
87+victims.71
88+15-21-223.72
89+(a) The commission shall consist of six members. Five of the members shall serve for73
90+terms of two years, except that, with respect to the first members appointed, two members74
91+shall be appointed for terms of three years, two members for terms of two years, and one75
92+member for a term of one year. The director of the Division of Family and Children76
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
95+commissioner of behavioral health and developmental disabilities, the director of the79
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
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
100+(b) In the event of death, resignation, disqualification, or removal for any reason of any84
101+member of the commission, the vacancy shall be filled in the same manner as the original85
102+appointment, and the successor shall serve for the unexpired term.86
103+(c) Membership on the commission shall not constitute public office, and no member shall87
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
107+The commission may elect such other officers and committees as it considers appropriate.91
108+S. B. 512
109+- 4 - 24 SB 512/CSFA
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
113+15-21-224.95
114+Members of the commission shall serve without compensation but shall receive the same96
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
117+either reimbursement for actual transportation costs while traveling by public carrier or the99
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
124+(a) The commission shall:106
125+(1) Meet at such times and places as it shall determine necessary or convenient to107
126+perform its duties on the call of the chairperson or the Governor;108
127+(2) Maintain minutes of its meetings;109
128+(3) Adopt rules and regulations for the transaction of its business;110
129+(4) Accept applications for disbursements of available money from the fund;111
130+(5) Develop a state-wide protocol for helping to coordinate the delivery of services to112
131+sexually exploited victims;113
132+(6) Provide oversight and accountability for any program that receives disbursements114
133+from the fund;115
134+S. B. 512
135+- 5 - 24 SB 512/CSFA
136+(7) Maintain records of all its expenditures, funds received as gifts and donations, and116
137+disbursements made from the fund; and117
138+(8) Conform to the standards and requirements prescribed by the state accounting officer118
139+pursuant to Chapter 5B of Title 50.119
140+(b) The commission shall utilize existing state resources and staff of participating120
141+departments whenever practicable.121
142+15-21-226.122
143+The commission may recommend to the Governor and the General Assembly changes in123
144+state programs, laws, policies, budgets, and standards relating to the care and rehabilitation124
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
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
150+The commission may accept and solicit federal funds granted by Congress or executive130
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
156+into the fund to be disbursed as other moneys in the fund.136
157+15-21-228.137
158+(a) In every case in which any court in this state imposes a fine, including costs, for138
159+trafficking a person for sexual servitude in violation of Code Section 16-5-46 or any139
160+S. B. 512
161+- 6 - 24 SB 512/CSFA
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
163+shall be imposed an additional penalty of $2,500.00 if the defendant was 18 years of age141
164+or older at the time of the offense.142
165+(b) The penalty provided for in subsection (a) of this Code section shall be in addition to143
166+any amount required to be paid into any pension, annuity, or retirement fund under Title 47144
167+or any other law and in addition to any other amounts provided for in this chapter.145
168+(c) The penalty provided for in subsection (a) of this Code section shall be assessed and146
169+collected by the clerk or court officer charged with the duty of collecting moneys arising147
170+from fines and shall be paid over by the last day of the following month to the Georgia148
171+Superior Court Clerks' Cooperative Authority for remittance to the Victims of Human149
172+Trafficking Fund Commission, to be deposited into the Victims of Human Trafficking150
173+Fund.151
174+(d) Any person whose duty it is to collect and remit the penalty provided for in152
175+subsection (a) of this Code section who intentionally refuses to so remit shall be guilty of153
176+a misdemeanor.154
177+(e)(1) In addition to the costs and fees assessed in subsections (a) through (c) of this155
178+Code section, an individual who is a victim of a violation of Code Section 16-5-46 shall156
179+have a cause of action against any perpetrator and may recover damages and reasonable157
180+attorney's fees.158
181+(2) Upon a conviction of any of the offenses provided in subsection (a) of this Code159
182+section, any real or personal property which is, directly or indirectly, used or intended for160
183+use in any manner to facilitate such offense is declared to be contraband and subject to161
184+forfeiture in accordance with the procedures set forth in Chapter 16 of Title 9."162
185+SECTION 1-2.163
186+Code Section 16-6-13.3 of the Official Code of Georgia Annotated, relating to civil forfeiture164
187+of proceeds and property, is amended by revising subsection (b) as follows:165
188+S. B. 512
189+- 7 - 24 SB 512/CSFA
190+"(b) Any property which is, directly or indirectly, used or intended for use in any manner
191+166
192+to facilitate a violation of Code Section 16-6-10, 16-6-11, or
193+ 16-6-12, or 16-5-46 and any167
194+proceeds are declared to be contraband and no person shall have a property right in them."168
195+PART II169
196+SECTION 2-1.170
197+Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is171
198+amended by revising Article 3 of Chapter 5, relating to kidnapping, false imprisonment, and172
199+related offenses, by adding a new Code section to read as follows:173
200+"16-5-48.174
201+(a) As used in this Code section, the term:175
202+(1) 'Employee' means any person employed by a hotel that:176
203+(A) Has frequent or regular interactions with guests, such as front desk staff, hotel177
204+porters, hotel concierges, restaurant waiting and bartending staff, room service staff,178
205+and temporary employees;179
206+(B) Is in a management position; or180
207+(C) Has access to the guests' rooms, including housekeeping staff.181
208+(2) 'Hotel' shall have the same meaning as defined in Code Section 16-5-47.182
209+(b) Every hotel proprietor shall require its employees to complete a training course on183
210+recognizing and reporting instances of suspected human trafficking. Such training course184
211+shall be an online course provided by the Criminal Justice Coordinating Council at no cost185
212+to the hotel proprietor nor employees or an alternative online or in-person training course186
213+approved by the Georgia Bureau of Investigation. The Criminal Justice Coordinating187
214+Council shall approve or deny the use of any alternative online or in-person training course188
215+within 60 days of the submission of such training course for approval.189
216+S. B. 512
217+- 8 - 24 SB 512/CSFA
218+(c) Each hotel employee shall complete the required training course described in190
219+subsection (b) of this Code section within six months of being employed by a hotel and191
220+thereafter at least once during each consecutive period of two calendar years, commencing192
221+with the date on which he or she last completed the required training course, for as long as193
222+he or she is employed by a hotel."194
223+SECTION 2-2.195
224+Said title is further amended by revising Code Section 16-6-16, relating to masturbation for196
225+hire, as follows:197
226+"16-6-16.198
227+(a) A person 18 years of age or older, including a masseur or masseuse, commits the199
228+offense of masturbation for hire when he or she erotically stimulates the genital organs of200
229+another, whether resulting in orgasm or not, by manual or other bodily contact exclusive201
230+of sexual intercourse or by instrumental manipulation for money or the substantial202
231+equivalent thereof.203
232+(b) A person committing the offense of masturbation for hire shall be guilty of a204
233+misdemeanor."205
234+PART III206
235+SECTION 3-1.207
236+Code Section 17-10-21 of the Official Code of Georgia Annotated, relating to vacating of208
237+sentence for trafficking victim defendants, is amended by revising paragraphs (1) and (4) and209
238+subparagraph (A) of paragraph (5) of subsection (a) as follows: 210
239+“(a)(1) A defendant convicted of an offense and sentenced, or a defendant sentenced 211
240+pursuant to Code Section 42-8-60 or 16-13-2, as a direct result of the defendant being the212
241+victim of an offense of trafficking under Code Section 16-5-46 may petition the court213
242+imposing the sentence to vacate such conviction and sentence or such sentence imposed214
243+S. B. 512
244+- 9 - 24 SB 512/CSFA
245+pursuant to Code Section 42-8-60 or 16-13-2. Such court shall maintain the jurisdiction,215
246+power, and authority to vacate such conviction and sentence.”216
247+“(4) If the prosecuting attorney, to the court, consents in writing to the vacatur of such217
248+conviction or fails to respond to such petition within 30 days of service, the court218
249+imposing the conviction and sentence or sentence imposed pursuant to Code Section 42-219
250+8-60 or 16-13-2 shall, without notice or hearing, issue an order vacating the conviction220
251+and sentence and shall also issue an order restricting access to criminal history record221
252+information for such offense. 222
253+(5)(A) If the prosecuting attorney, to the court, objects in writing to the petition, the223
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
258+evidence, that the defendant committed such offense as a direct result of being the228
259+victim of an offense of trafficking under Code Section 16-5-46, the court may issue an229
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
264+ SECTION 3-2.234
265+Code Section 35-3-37 of the Official Code of Georgia Annotated, relating to review of235
266+individual’s criminal history record information, definitions, privacy considerations, written236
267+application requesting review, and inspection, is amended by revising subparagraphs (A),237
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
270+pursuant to Code Section 42-8-60 or 16-13-2, while such individual was a victim of an240
271+S. B. 512
272+- 10 - 24 SB 512/CSFA
273+offense of trafficking under Code Section 16-5-46 may petition the court imposing the
274+241
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
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
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
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
310+S. B. 512
311+- 12 -