23 SB 63/CSFA
S. B. 63
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Senate Bill 63
By: Senators Robertson of the 29th, Gooch of the 51st, Brass of the 28th, Anavitarte of the
31st, Kennedy of the 18th and others
AS PASSED SENATE
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to bonds
1
and recognizances, so as to provide for setting of bonds and schedules of bails; to provide2
for release of individuals on bail for misdemeanors; to limit unsecured judicial releases; to3
revise surety liability; to provide for return of compensation by surety to principal; to change4
the fee for continuing education programs for bail recovery agents; to revise when forfeiture5
of bonds occurs; to revise procedures relating to execution hearings; to revise procedures for6
judgments on forfeitures and remission of bond funds; to revise definitions; to amend Code7
Section 17-10-6.1 of the Official Code of Georgia Annotated, relating to punishment for8
serious violent offenders and authorization for reduction in mandatory minimum sentencing,9
so as to identify domestic terrorism as a serious violent felony; to provide for related matters;10
to repeal conflicting laws; and for other purposes.11
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:12
SECTION 1.13
Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to bonds and14
recognizances, is amended in Code Section 17-6-1, relating to when offenses bailable,15 23 SB 63/CSFA
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procedure, schedule of bails, and appeal bonds, by revising paragraph (4) of subsection (e),
16
paragraph (1) of subsection (f), and subsection (i) as follows:17
"(4) A bond set for any offense by an elected judge, an appointed judge filling the
18
vacancy of an elected judge, or a judge sitting by designation that purports a dollar19
amount shall be executed in the full-face amount of such bond through secured means as20
provided for in Code Section 17-6-4 or 17-6-50 or shall be executed by use of property21
as approved by the sheriff in the county where the offense was committed."22
"(f)(1) Except as provided in subsection (a) of this Code section or as otherwise provided23
in this subsection, the judge of any court of inquiry may by written order establish a24
schedule of bails, inclusive of offenses that are violations of local ordinances, and unless25
otherwise ordered by the judge of any court, an accused shall be released from custody26
upon posting bail as fixed in the schedule; provided, however, that no bail schedule, local27
standing order, official policy, or local ordinance shall mandate releasing an accused on28
unsecured judicial release as defined in Code Section 17-6-12 prior to the accused29
appearing before a judge of any court of inquiry. Nothing in this paragraph shall prohibit30
unsecured judicial release for any person charged under Code Section 3-3-23.1 or31
charged under any provision of local or state law not providing for a sentence of32
confinement in a penal institution or state, county, or local jail."33
"(i) As used in this Code section, the term 'bail' shall only include the release of a person34
on an unsecured judicial release, except as limited by Code Section 17-6-12 by the use of35
secured means as provided in Code Sections 17-6-4 and 17-6-5, professional bondsmen as36
provided in Code Section 17-6-50, or property as approved by the sheriff in the county37
where the offense was committed."38 23 SB 63/CSFA
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SECTION 2.
39
Said chapter is further amended in Code Section 17-6-2, relating to acceptance of bail in40
misdemeanor cases and posting driver’s license as collateral for bail, by revising subsection41
(b) as follows:42
"(b) In all other misdemeanor cases, sheriffs and constables shall accept bail in such43
reasonable
sufficient amount as may be just and fair for any person or persons charged with44
a misdemeanor, provided that the sureties tendered and offered on the bond are shall only45
include the release of a person by the use of secured means as provided in Code46
Sections 17-6-4 and 17-6-5, professional bondsmen as provided in Code Section 17-6-50,47
or property as approved by the sheriff in the county where the offense was committed."48
SECTION 3.49
Said chapter is further amended by revising Code Section 17-6-12, relating to unsecured50
judicial release, requirement, and effect of failure of person charged to appear for trial, as51
follows:52
"17-6-12.53
(a) As used in this Code section, the term:54
(1) 'Bail restricted offense' means the person is charged with an offense of:55
(A) An offense of:56
(i)(A) Murder or felony murder, as defined in Code Section 16-5-1;57
(ii)(B) Armed robbery, as defined in Code Section 16-8-41;58
(iii)(C) Kidnapping, as defined in Code Section 16-5-40;59
(iv)(D) Rape, as defined in Code Section 16-6-1;60
(v)(E) Aggravated child molestation, as defined in subsection (c) of Code61
Section 16-6-4, unless subject to the provisions of paragraph (2) of subsection (d) of62
Code Section 16-6-4;63
(vi)(F) Aggravated sodomy, as defined in Code Section 16-6-2; or64 23 SB 63/CSFA
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(vii)(G) Aggravated sexual battery, as defined in Code Section 16-6-22.2;65
(B) A felony offense of:66
(i)(H) Aggravated assault;67
(ii)(I) Aggravated battery;68
(iii)(J) Hijacking a motor vehicle in the first degree;69
(iv)(K) Aggravated stalking;70
(v)(L) Child molestation;71
(vi)(M) Enticing a child for indecent purposes;72
(vii)(N) Pimping;73
(viii)(O) Robbery;74
(viii.1)(P) Burglary;75
(ix)(Q) Bail jumping;76
(x)(R) Escape;77
(xi)(S) Possession of a firearm or knife during the commission of or attempt to commit78
certain crimes;79
(xii)(T) Possession of firearms by convicted felons and first offender probationers;80
(xiii)(U) Trafficking in cocaine, illegal drugs, marijuana, or methamphetamine;81
(xiv)(V) Participating in criminal street gang activity;82
(xv)(W) Habitual violator;83
(xvi)(X) Driving under the influence of alcohol, drugs, or other intoxicating84
substances;85
(xvii)(Y) Entering an automobile or other mobile vehicle with intent to commit theft86
or felony, as defined in Code Section 16-8-18; or87
(xviii)(Z) Stalking; or88
(C) A misdemeanor offense of:89
(i)(AA) Crimes involving family violence, as defined in Code Section 19-13-1; or90
(ii) Stalking.91 23 SB 63/CSFA
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(BB) Reckless stunt driving, as described in Code Section 40-6-390.1;92
(CC) Promoting or organizing an exhibition of drag races or laying drags, as described93
in Code Section 16-11-43.1;94
(DD) Laying drags, as defined in Code Section 40-6-251;95
(EE) Reckless driving, as described in Code Section 40-6-390;96
(FF) Fleeing or attempting to elude a police officer, as described in Code97
Section 40-6-395;98
(GG) Obstruction of a law enforcement officer, as described in Code Section 16-10-29;99
(HH) Criminal trespass, as described in Code Section 16-7-21;100
(II) Theft by taking, as described in Code Section 16-8-2;101
(JJ) Theft by deception, as described in Code Section 16-8-3;102
(KK) Theft by extortion, as described in Code Section 16-8-16;103
(LL) Destruction, removal, concealment, encumbrance, or transfer of property subject104
to security interest, as described in Code Section 16-9-51;105
(MM) Bribery, as described in Code Section 16-10-2;106
(NN) Purchase, possession, manufacture, distribution, or sale of controlled substances107
or marijuana, as described in Code Section 16-13-30;108
(OO) Forgery, as described in Code Section 16-9-1;109
(PP) Exploitation and intimidation of disabled adults, elder persons, and residents or110
obstruction of an investigation, as described in Code Section 16-5-102;111
(QQ) Battery, as described in Code Section 16-5-23.1;112
(RR) Voluntary manslaughter, as described in Code Section 16-5-2;113
(SS) Cruelty to animals, as described in Code Section 16-12-4;114
(TT) Violation of oath by a public officer, as described in Code Section 16-10-1;115
(UU) Financial transaction card fraud, as described in Code Section 16-9-33;116
(VV) Financial transaction card theft, as described in Code Section 16-9-31;117
(WW) Identity fraud, as described in Code Section 16-9-121;118 23 SB 63/CSFA
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(XX) Racketeering and conspiracy, as described in Code Section 16-14-4;119
(YY) Trafficking of persons for labor or sexual servitude, as described in Code120
Section 16-5-46;121
(ZZ) Second or Subsequent Offense of Failure to appear, as described in Code Section122
40-13-63;123
(AAA) Domestic terrorism, as described in Code Section 16-11-221;124
(BBB) Riot, as described in Code Section 16-11-30;125
(CCC) Inciting to riot, as described in Code Section 16-11-31;126
(DDD) Affray, as described in Code Section 16-11-32;127
(EEE) Unlawful assembly, as described in Code Section 16-11-33;128
(FFF) Terroristic threat or act, as described in Code Section 16-11-37; or129
(GGG) Possession of tools for commission of a crime, as described in Code Section130
16-7-20.131
(2) 'Unsecured judicial release' means any release that does not purport a dollar amount132
through secured means as provided for in Code Section 17-6-4 or 17-6-50 or property as133
approved by the sheriff in the county where the offense was committed and that is:134
(A) On a person's own recognizance; or135
(B) For the purpose of entering a pretrial release program, a pretrial release and136
diversion program as provided for in Article 4 of Chapter 3 of Title 42, or a pretrial137
intervention and diversion program as provided for in Article 4 of Chapter 18 of138
Title 15, or pursuant to Uniform Superior Court Rule 27.139
(b) An elected judge, an appointed judge filling the vacancy of an elected judge, or a judge140
sitting by designation may issue an unsecured judicial release if:141
(1) Such such unsecured judicial release is noted on the release order; and142
(2) The person is not charged with a bail restricted offense.143
(c) Except as provided in subsection (b) of this Code section and in addition to other laws144
regarding the release of an accused person, the judge of any court having jurisdiction over145 23 SB 63/CSFA
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a person charged with committing an offense against the criminal laws of this state shall
146
have authority, in his or her sound discretion and in appropriate cases, to authorize the147
release of the person on an unsecured judicial release only.148
(d) Upon the failure of a person released on an unsecured judicial release to appear for149
trial, if the release is not otherwise conditioned by the court, absent a finding of sufficient150
excuse to appear, the court shall summarily issue an order for his or her arrest which shall151
be enforced as in cases of forfeited bonds.152
(e) No person charged with a bail restricted offense shall be eligible for release by any
153
judge on an unsecured judicial release. Such persons charged with a bail restricted offense154
shall only be eligible for release through the use of secured means as provided in Code155
Sections 17-6-4 and 17-6-5, professional bondsmen as provided in Code Section 17-6-50,156
or property as approved by the sheriff in the county where the offense was committed.157
(f) No person sentenced pursuant to subsection (b) or (c) of Code Section 17-10-7 shall be158
eligible for release by any judge on an unsecured judicial release. Such persons shall only159
be eligible for release through the use of secured means as provided in Code Sections160
17-6-4 and 17-6-5, professional bondsmen as provided in Code Section 17-6-50, or161
property as approved by the sheriff in the county where the offense was committed.162
(g) Any person arrested for any offense who has previously been convicted for any felony163
within the preceding seven years shall not be eligible for release by any judge on an164
unsecured judicial release. Such person shall only be eligible for release through the use165
of secured means as provided in Code Sections 17-6-4 and 17-6-5, professional bondsmen166
as provided in Code Section 17-6-50, or property as approved by the sheriff in the county167
where the offense was committed."168
SECTION 4.169 23 SB 63/CSFA
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Said chapter is further amended in Code Section 17-6-31, relating to surrender of principal
170
by surety, forfeiture of bond, and death of principal, by revising subsections (a), (d), and (e)171
as follows:172
"(a) When the court is not in session, a surety on a bond may surrender the surety's173
principal to the sheriff or to the responsible law enforcement officer of the jurisdiction in174
which the case is pending in order to be released from liability. If the sheriff or the
175
responsible law enforcement officer of the jurisdiction refuses such surrender, the surety176
shall be released from liability."177
"(d)(1) Furthermore, the surety shall be released from liability if, prior to entry of178
judgment, there is:179
(A) A deferred sentence;180
(B) A presentence investigation;181
(C) A court ordered Entry into a pretrial intervention and diversion program;182
(D) A court ordered Entry into an educational and rehabilitation program;183
(E) A fine;184
(F) A dead docket; or185
(G) Death of the principal;186
(H) Participation in an accountability court; or187
(I) Entry into a pretrial release program.188
(2) Furthermore, the surety may shall be released from liability at the discretion of the189
court if:190
(A) The the principal used a false name when he or she was bound over and committed191
to jail or a correctional institution and was subsequently released from such facility192
unless the surety knew or should have known had reason to know that the principal193
used a false name; and194 23 SB 63/CSFA
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(B) The surety shows to the satisfaction of the court that he or she acted with due195
diligence and used all practical means to secure the attendance of the principal before196
the court.197
(e) If the prosecuting attorney does not try the charges against a defendant within a period198
of two years in the case of felonies and one year in the case of misdemeanors after the date199
of posting bond, then judgment rendered after such period may not be enforced against the200
surety on the bond and the surety shall thereafter be relieved of liability on the bond. This201
subsection shall not apply where the prosecuting attorney's failure to try the charges is due202
to the fault of the principal."203
SECTION 5.204
Said chapter is further amended in Code Section 17-6-54, relating to no further compensation205
after becoming surety, when sum received to be returned to defendant, and right to surrender206
defendant and to keep sum paid when defendant forfeits, by revising subsection (a) as207
follows:208
"(a) No professional bondsman or his or her agents or employees who receive209
compensation for becoming the surety on a criminal bond shall thereafter receive any other210
sum in the case. If the surety surrenders a defendant into the custody of the court, the211
sheriff, or another law enforcement officer in the jurisdiction where the bond was made212
before final disposition of the case, the surety is required to return to the principal the213
compensation received for signing the bond as surety if such surrender of the defendant is214
for reasons other than:215
(1) The defendant's arrest for a crime other than a traffic violation or misdemeanor local216
ordinance violation;217
(2) The defendant's cosigner attests in writing the desire to be released from the bond;218
(3) The defendant fails to provide to the court and the surety the defendant's change of219
address;220 23 SB 63/CSFA
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(4) The defendant fails to pay any fee due to the surety after being notified by certified221
mail or statutory overnight delivery that the same is past due;222
(5) The defendant fails to notify the court and the surety upon leaving the jurisdiction of223
the court; or224
(6) The defendant provides false information to the surety."225
SECTION 6.226
Said chapter is further amended in Code Section 17-6-56.1, relating to continuing education227
programs for bail recovery agents, fee, annual requirement, and certificate of completion, by228
revising subsection (b) as follows:229
"(b) The fee for continuing education programs for bail recovery agents shall not exceed230
$125.00 $250.00 annually."231
SECTION 7.232
Said chapter is further amended in Code Section 17-6-70, relating to when forfeiture occurs,233
by revising subsection (b) as follows:234
"(b) An appearance bond shall not be forfeited unless the clerk of the court gave the surety235
at least 72 hours' written notice, exclusive of Saturdays, Sundays, and legal holidays, before236
the time of the required appearance of the principal. Notice shall not be necessary if the237
time for appearance is within 72 hours from the time of arrest, provided the time for238
appearance is stated on the bond, or where the principal is given actual notice in open239
court."240
SECTION 8.241
Said chapter is further amended by revising Code Section 17-6-71, relating to execution242
hearing on failure of principal to appear, as follows:243
"17-6-71.244 23 SB 63/CSFA
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(a) The judge shall, at the end of the court day, upon the failure of the principal to appear,245
forfeit the bond, issue a bench warrant for the principal's arrest, and order an execution246
hearing not sooner than 120 days but not later than 150 days after such failure to appear.247
Notice of the execution hearing shall be served by the clerk of the court in which the bond248
forfeiture occurred within ten days of such failure to appear by certified mail or by249
electronic means as provided in Code Section 17-6-50 to the surety at the address listed on250
the bond or by personal service to the surety within ten days of such failure to appear at its251
home office or to its designated registered agent. Service shall be considered complete252
upon the mailing of such certified notice. Such ten-day notice shall be adhered to strictly.253
If notice of the execution hearing is not served as specified in this subsection, the surety254
shall be relieved of liability on the appearance bond The judge shall, at the end of the court255
day, upon the failure of the principal to appear, forfeit the bond and issue a bench warrant256
for the principal's arrest. If the forfeiture and bench warrant are not issued and signed257
within three business days of the failure to appear, the surety shall be relieved of liability258
on the appearance bond. Upon forfeiting the bond, the judge shall order an execution259
hearing not sooner than 150 days but not later than 180 days after such failure to appear.260
If the execution hearing is not ordered as specified in this subsection, the surety shall be261
relieved of liability on the appearance bond. Notice of the execution hearing and a copy262
of the bench warrant shall be served by the clerk of the court in which the bond forfeiture263
occurred within ten days of such failure to appear by certified mail, return receipt264
requested, or by electronic means as provided in Code Section 17-6-50 to the surety at the265
address listed on the bond or by personal service to the surety within ten days of such266
failure to appear at its home office or to its designated registered agent. Service shall be267
considered complete upon the mailing of such certified notice. Such ten-day notice shall268
be adhered to strictly. If notice of the execution hearing and bench warrant are not served269
as specified in this subsection, the surety shall be relieved of liability on the appearance270
bond.271 23 SB 63/CSFA
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(b) If at the execution hearing it is determined that judgment should be entered, the judge
272
shall so order and a writ of fieri facias shall be filed in the office of the clerk of the court273
where such judgment is entered. Notice of the judgment shall be served by the clerk of the
274
court in which entry of judgment occurred within ten days of such entry by certified mail,275
return receipt requested, or by electronic means as provided in Code Section 17-6-50 to the276
surety at the address listed on the bond or by personal service to the surety within ten days277
of such entry of judgment at its home office or to its designated registered agent. Service278
shall be considered complete upon the mailing of such certified notice. Such ten-day notice279
shall be adhered to strictly. If the notice of the judgment is not served in the time frame as280
specified in this subsection, the surety shall be relieved of liability on the appearance bond,281
the judgment shall be marked satisfied, and the writ of fieri facias shall be canceled. The282
provisions of this subsection shall apply to all bail bonds, whether returnable to superior283
court, state court, probate court, magistrate court, or municipal court."284
SECTION 9.285
Said chapter is further amended in Code Section 17-6-72, relating to conditions not286
warranting forfeiture of bond for failure to appear and remission of forfeiture, by revising287
subsections (b), (c), (d), and (e) as follows:288
"(b) No judgment shall be rendered on a forfeiture of any appearance bond if it is shown289
to the satisfaction of the court that the principal on the bond was prevented from attending290
because he or she was detained by reason of arrest, sentence, or confinement in a penal291
institution or jail in the State of Georgia, or so detained in another jurisdiction, or because292
he or she was involuntarily confined or detained pursuant to court order in a mental293
institution in the State of Georgia or in another jurisdiction. An official written Written294
notice of the holding institution in which the principal is being detained or confined shall295
be considered proof of the principal's detention or confinement. Such notice may be sent296
from the holding institution by mail or e-mail or delivered by hand or by facsimile297 23 SB 63/CSFA
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machine. Upon the presentation of such written notice to the clerk of the proper court, the298
prosecuting attorney, and the sheriff or other law enforcement officer having jurisdiction299
over the case, along with a letter of intent to pay all costs of returning the principal to the300
jurisdiction of the court, such notice and letter shall serve as the surety's request for a301
detainer or hold to be placed on the principal. Should there be a failure to place a detainer302
or hold within ten business days of the surety's service of a detainer or hold request, and303
after such presentation of such notice and letter of intent to pay costs, the surety shall then304
be relieved of the liability for the appearance bond without further order of the court.305
(c) No judgment shall be rendered on a forfeiture of any appearance bond if it is shown to306
the satisfaction of the court that prior to the entry of the judgment on the forfeiture the307
principal on the bond is in the custody of the sheriff or other responsible law enforcement308
agency. An official written Written notice of the holding institution in which the principal309
is being detained or confined shall be considered proof of the principal's detention or310
confinement. Such notice may be sent from the holding institution by mail or e-mail or311
delivered by hand or by facsimile machine. Upon presentation of such written notice to the312
clerk of the proper court, the prosecuting attorney, and the sheriff or other law enforcement313
officer having jurisdiction over the case along with a letter of intent to pay all costs of314
returning the principal to the jurisdiction of the court, such notice and letter shall serve as315
the surety's request for a detainer or hold to be placed against the principal. Should there316
be a failure to place a detainer or hold within ten business days of the surety's service of317
a detainer or hold request, and after presentation of such notice and letter of intent to pay318
costs, the surety shall then be relieved of the liability for the appearance bond without319
further order of the court."320
"(d) In cases in which subsection (e) of this Code section is not applicable, the court shall321
order remission under the following conditions:322
(1) Provided the bond amount has been paid within 120 150 days after entry of the323
judgment and the delay has not prevented prosecution of the principal and upon324 23 SB 63/CSFA
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application filed within 120 150 days from the payment of judgment with prior notice to325
the prosecuting attorney of such application, said court shall direct remission of 95326
percent of the bond amount remitted to the surety if the principal is produced,327
surrendered, or otherwise appears before the court that has jurisdiction of the bond or if328
the surety provides proof of the principal's incarceration or confinement in another329
jurisdiction, proof of the principal's death, or proof that surrender of the principal was330
denied by the sheriff or other responsible law enforcement officer within such 120 150331
day period following payment of the judgment;332
(2) Provided the bond amount has been paid within 120 150 days after the entry of333
judgment and the delay has not prevented prosecution of the principal, should the surety,334
within two years of the principal's failure to appear, locate the principal in the custody of335
the sheriff in the jurisdiction where the bond was made or in another jurisdiction causing336
the return of the principal to the jurisdiction where the bond was made, apprehend,337
surrender, or produce the principal, if the apprehension or surrender of the principal is338
substantially procured or caused by the surety, or if the location of the principal by the339
surety causes the adjudication of the principal in the jurisdiction in which the bond was340
made, the surety shall be entitled to a refund of 50 percent of the bond amount. The341
application for 50 percent remission shall be filed no later than 30 days following the342
expiration of the two-year period following the date of judgment upon application filed343
within 60 days following the expiration of the two-year period following the date of344
judgment with prior notice to the prosecuting attorney of such application, said court shall345
direct remission of 50 percent of the bond amount remitted to the surety if the principal346
is produced, surrendered, or otherwise appears before the court that has jurisdiction of the347
bond or if the surety provides proof of the principal's incarceration or confinement in348
another jurisdiction, proof of the principal's death, or proof that surrender of principal was349
denied by the sheriff or other responsible law enforcement officer within such two-year350
period following payment of the judgment; or351 23 SB 63/CSFA
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(3) Remission One hundred percent remission shall be granted upon condition of the352
payment of court costs and of the expenses of returning the principal to the jurisdiction353
by the surety.354
(e)(1) If, within 120 150 days from entry of the judgment, the surety surrenders the355
principal to the sheriff or responsible law enforcement officer, or said surrender has been356
denied by the sheriff or responsible law enforcement officer, or the surety locates the357
principal in custody in another jurisdiction, the surety shall only be required to pay costs358
and 5 percent of the face amount of the bond, which amount includes all surcharges. If359
it is shown to the satisfaction of the court, by the presentation of competent evidence360
from the sheriff or the holding institution, that said surrender has been made or denied or361
that the principal is in custody in another jurisdiction or that said surrender has been made362
and that 5 percent of the face amount of the bond and all costs have been tendered to the363
sheriff, the court shall direct that the judgment be marked satisfied and that the writ of364
fieri facias be canceled.365
(2)(A) The court shall direct that the judgment be marked satisfied and that the writ of366
fieri facias be canceled, if within 120 150 days from entry of the judgment, the surety:367
(i) Tenders an amount equal to 5 percent of the face amount of the bond and all costs368
to the sheriff; and369
(ii) Provides, in writing, the court and the prosecuting attorney for the court that has370
jurisdiction of the bond with competent evidence giving probable cause to believe that371
the principal is located in another jurisdiction within the United States and states that372
it will provide for the reasonable remuneration for the rendition of the principal, as373
estimated by the sheriff; and374
(B) The prosecuting attorney for the court that has jurisdiction of the bond:375
(i) Declines, in writing, to authorize or facilitate extradition; or376
(ii) Within ten business days of the notice provided pursuant to division (2)(A)(ii) of377
this subsection, fails to enter the appropriate extradition approval code into the378 23 SB 63/CSFA
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computerized files maintained by the Federal Bureau of Investigation National Crime
379
Information Center, thereby indicating an unwillingness to extradite the principal."380
SECTION 10.381
Code Section 17-10-6.1 of the Official Code of Georgia Annotated, relating to punishment382
for serious violent offenders and authorization for reduction in mandatory minimum383
sentencing, is amended by revising subsection (a) as follows:384
"(a) As used in this Code section, the term 'serious violent felony' means:385
(1) Murder or felony murder, as defined in Code Section 16-5-1;386
(2) Armed robbery, as defined in Code Section 16-8-41;387
(3) Kidnapping, as defined in Code Section 16-5-40;388
(4) Rape, as defined in Code Section 16-6-1;389
(5) Aggravated child molestation, as defined in subsection (c) of Code Section 16-6-4,390
unless subject to the provisions of paragraph (2) of subsection (d) of Code Section391
16-6-4;392
(6) Aggravated sodomy, as defined in Code Section 16-6-2; or
393
(7) Aggravated sexual battery, as defined in Code Section 16-6-22.2; or394
(8) Domestic terrorism, as defined in Code Section 16-11-220."395
SECTION 11.396
All laws and parts of laws in conflict with this Act are repealed.397