19 | 7 | | crimes and offenses, criminal procedure, evidence, and public officers and employees,2 |
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20 | 8 | | respectively, so as to provide for defendants to support a justification defense by offering3 |
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21 | 9 | | evidence of family violence, dating violence, or child abuse committed by the alleged victim;4 |
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22 | 10 | | to provide for petitions for the opportunity to present such evidence; to revise provisions for5 |
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23 | 11 | | the defense of coercion and to provide for the application of such defense in all criminal6 |
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24 | 12 | | cases; to provide a privilege for participation in victim centered programs and7 |
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25 | 13 | | victim-offender dialogues; to provide for definitions; to provide for limitations; to provide8 |
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26 | 14 | | for civil immunity for facilitators in certain circumstances; to provide for a short title; to9 |
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27 | 15 | | provide for uniform oaths to be sworn by all peace officers; to provide for aspirational10 |
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28 | 16 | | language in such oaths; to limit the legal effect of any such aspirational language; to limit the11 |
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29 | 17 | | crime of violation of oath of a public officer to codified oaths; to limit the violation of oath12 |
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30 | 18 | | by a public officer to violations predicated on certain offenses; to provide for related matters;13 |
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31 | 19 | | to repeal conflicting laws; and for other purposes.14 |
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32 | 20 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:15 |
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37 | 23 | | This Act shall be known and may be cited as the "Georgia Survivor Justice Act."17 |
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38 | 24 | | SECTION 2.18 |
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39 | 25 | | Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is19 |
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40 | 26 | | amended in Article 2 of Chapter 3, relating to justification and excuse under defenses to20 |
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41 | 27 | | criminal prosecutions, by revising subsection (d) of Code Section 16-3-21, relating to use of21 |
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42 | 28 | | force in defense of self or others and evidence of belief that force was necessary in murder22 |
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43 | 29 | | or manslaughter prosecution, as follows:23 |
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46 | 31 | | 5 of this title, if a defendant raises as a defense a justification provided by subsection (a)25 |
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47 | 32 | | of this Code section, the defendant may offer relevant evidence that the defendant had26 |
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48 | 33 | | been subjected to acts of family violence, dating violence, or child abuse committed by27 |
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49 | 34 | | the alleged victim, as such acts are described in Code Sections 19-13-1, 19-13A-1, and28 |
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50 | 35 | | 19-15-1, respectively, in order to establish the defendant's reasonable belief that the threat29 |
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51 | 36 | | or use of force or deadly force was immediately necessary, may be permitted to offer:30 |
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52 | 37 | | (1) Relevant evidence that the defendant had been the victim of acts of family violence31 |
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53 | 38 | | or child abuse committed by the deceased, as such acts are described in Code Sections32 |
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54 | 39 | | 19-13-1 and 19-15-1, respectively; and33 |
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55 | 40 | | (2) Relevant expert testimony regarding the condition of the mind of the defendant at the34 |
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56 | 41 | | time of the offense, including those relevant facts and circumstances relating to the family35 |
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57 | 42 | | violence or child abuse that are the bases of the expert's opinion.36 |
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58 | 43 | | (2) Relevant evidence includes, but is not limited to:37 |
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59 | 44 | | (A) Evidence pertaining to the alleged victim's prior acts, including, but not limited to:38 |
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60 | 45 | | (i) Evidence indicating the defendant sought law enforcement assistance;39 |
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61 | 46 | | (ii) Evidence indicating the defendant sought services from a counselor, social40 |
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62 | 47 | | worker, domestic violence program, or other relevant agency or service provider;41 |
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65 | 49 | | (iii) Evidence indicating the defendant sought medical attention;42 |
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66 | 50 | | (iv) Evidence of the effects of battering and post-traumatic stress disorder on the43 |
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67 | 51 | | defendant; and44 |
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68 | 52 | | (v) Temporary protective order petitions, ex parte orders, and final orders in which45 |
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69 | 53 | | the alleged victim is the respondent;46 |
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70 | 54 | | (B) Expert testimony, including, but not limited to, testimony as to relevant facts and47 |
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71 | 55 | | circumstances relating to the family violence, dating violence, or child abuse, as such48 |
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72 | 56 | | acts are described in Code Sections 19-13-1, 19-13A-1, and 19-15-1, respectively, that49 |
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73 | 57 | | are the bases of such expert's opinion; and50 |
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74 | 58 | | (C) Any other evidence the court determines is of sufficient credibility or probative51 |
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75 | 59 | | value.52 |
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76 | 60 | | (3) Evidence introduced under this subsection shall be subject to Code Sections53 |
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77 | 61 | | 24-4-401, 24-4-402, and 24-4-403."54 |
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78 | 62 | | SECTION 3.55 |
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79 | 63 | | Said title is further amended in said article by revising Code Section 16-3-26, relating to56 |
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80 | 64 | | coercion, as follows:57 |
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81 | 65 | | "16-3-26.58 |
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82 | 66 | | A person is not guilty of a crime, except murder for the offense of murder provided for in59 |
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83 | 67 | | subsection (a) of Code Section 16-5-1, if the act upon which the supposed criminal liability60 |
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84 | 68 | | is based is performed under such coercion that the person he or she reasonably believes that61 |
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85 | 69 | | performing the act is the only way necessary to prevent his imminent death or great bodily62 |
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86 | 70 | | injury to himself or herself or a third person."63 |
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87 | 71 | | SECTION 4.64 |
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88 | 72 | | Said title is further amended by revising Code Section 16-10-1, relating to violation of oath65 |
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89 | 73 | | by public officer, as follows:66 |
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96 | 77 | | as prescribed by law shall, upon conviction thereof, be punished by imprisonment for not69 |
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97 | 78 | | less than one nor more than five years.70 |
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98 | 79 | | (b) Any peace officer, as such term is defined in Code Section 35-8-2, who has sworn the71 |
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99 | 80 | | oath or oaths prescribed in Code Sections 15-16-4 and 45-3-7 shall be subject to72 |
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100 | 81 | | prosecution under this Code section only for violations of such oath or oaths as prescribed.73 |
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101 | 82 | | (c) No individual shall be subject to prosecution for violation of his or her oath of office74 |
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102 | 83 | | under this Code section, except where such violation is predicated upon the commission75 |
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103 | 84 | | of a felony or a misdemeanor of a high and aggravated nature."76 |
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104 | 85 | | SECTION 5.77 |
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105 | 86 | | Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is78 |
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106 | 87 | | amended in Article 1 of Chapter 10, relating to procedure for sentencing and imposition of79 |
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107 | 88 | | punishment, by revising subsection (f) of Code Section 17-10-1, relating to fixing of80 |
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108 | 89 | | sentence, suspension or probation of sentence, change in sentence, eligibility for parole,81 |
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109 | 90 | | prohibited modifications, and exceptions, as follows:82 |
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110 | 91 | | "(f)(1) Within one year of the date upon which the sentence is imposed, or within 12083 |
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111 | 92 | | days after receipt by the sentencing court of the remittitur upon affirmance of the84 |
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112 | 93 | | judgment after direct appeal, whichever is later, the court imposing the sentence has the85 |
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113 | 94 | | jurisdiction, power, and authority to correct or reduce the sentence and to suspend or86 |
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114 | 95 | | probate all or any part of the sentence imposed. The time periods prescribed in this87 |
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115 | 96 | | subsection require the defendant to file a motion within such time periods; however, the88 |
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116 | 97 | | court shall not be constrained to issue its order or hear the matter within such time89 |
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117 | 98 | | periods. Prior to entering any order correcting, reducing, or modifying any sentence, the90 |
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118 | 99 | | court shall afford notice and an opportunity for a hearing to the prosecuting attorney. 91 |
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119 | 100 | | Any order modifying a sentence which is entered without notice and an opportunity for92 |
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128 | 106 | | requesting to be sentenced under Code Section 17-10-22 if:97 |
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129 | 107 | | (i) The offense was committed before July 1, 2025; or98 |
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130 | 108 | | (ii) The petition includes evidence that was not part of the record of the case at any99 |
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131 | 109 | | sentencing hearing.100 |
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132 | 110 | | (B) Such petition shall be served upon the district attorney. The state shall file its101 |
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133 | 111 | | response, if any, within 60 days of being served with such petition. The superior court102 |
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134 | 112 | | shall, upon motion for an extension of time and after a hearing and good cause shown,103 |
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135 | 113 | | grant one extension to the original 60 day period, not to exceed 180 additional days.104 |
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136 | 114 | | (C) There shall be a presumption in favor of granting a hearing on a petition filed105 |
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137 | 115 | | pursuant to this paragraph unless the court determines that there is a lack of106 |
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138 | 116 | | circumstantial guarantees of trustworthiness, an inherent unreliability of the facts107 |
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139 | 117 | | asserted, or a deficiency in the factual allegations in the petition. If the court decides108 |
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140 | 118 | | that the petitioner is not entitled to a hearing, the court shall enter an order denying109 |
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141 | 119 | | relief and shall include written findings of fact outlining the reasons for such order.110 |
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142 | 120 | | (D) A hearing on a petition filed pursuant to this paragraph, if granted, shall be111 |
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143 | 121 | | scheduled within 90 days of the filing of such petition or within 60 days of the deadline112 |
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144 | 122 | | for the state's response, whichever is later. The state shall be given notice and the113 |
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145 | 123 | | opportunity to respond at any such hearing.114 |
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146 | 124 | | (E)(i) If, based upon evidence presented at the hearing, the court determines that the115 |
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147 | 125 | | petitioner has met the criteria provided in subsection (b) of Code Section 17-10-22,116 |
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148 | 126 | | the court shall enter an order reducing the defendant's sentence pursuant to117 |
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149 | 127 | | subsection (c) of Code Section 17-10-22.118 |
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152 | 129 | | (ii) If, based upon the petition or evidence presented at the hearing, the court119 |
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153 | 130 | | determines that the petitioner has not met the criteria provided in subsection (b) of120 |
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154 | 131 | | Code Section 17-10-22, the court shall notify the petitioner, dismiss his or her petition121 |
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155 | 132 | | without prejudice, and enter an order to such effect. Such an order shall include122 |
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156 | 133 | | written findings of fact outlining the reasons for such order.123 |
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157 | 134 | | (F) Any order issued by a court pursuant to this paragraph shall include written124 |
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158 | 135 | | findings of fact and the reasons for such order.125 |
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159 | 136 | | (G) Any judgments pursuant to this paragraph shall be final judgments and subject to126 |
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160 | 137 | | direct appeal by the petitioner and the state under Code Sections 5-6-34 and 5-7-1."127 |
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161 | 138 | | SECTION 6.128 |
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162 | 139 | | Said title is further amended in said article by adding a new Code section to read as follows:129 |
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163 | 140 | | "17-10-22.130 |
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164 | 141 | | (a) At the time of sentencing, the defendant may present evidence that he or she was131 |
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165 | 142 | | subjected to acts of family violence, dating violence, or child abuse, as such acts are132 |
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166 | 143 | | described in Code Sections 19-13-1, 19-13A-1, and 19-15-1, respectively, and that such133 |
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167 | 144 | | acts were a significant contributing factor for the offense for which the defendant is being134 |
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168 | 145 | | sentenced. The rules of evidence shall apply to such presentation of evidence except that135 |
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169 | 146 | | the following evidence shall be admissible:136 |
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170 | 147 | | (1) Hearsay;137 |
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171 | 148 | | (2) Character evidence;138 |
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172 | 149 | | (3) Evidence indicating the defendant sought law enforcement assistance;139 |
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173 | 150 | | (4) Evidence indicating the defendant sought services from a counselor, social worker,140 |
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174 | 151 | | domestic violence program, or other relevant agency or service provider;141 |
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175 | 152 | | (5) Evidence indicating the defendant sought medical attention;142 |
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178 | 154 | | (6) Evidence of prior statements regarding the acts of family violence, dating violence,143 |
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179 | 155 | | or child abuse, as such acts are described in Code Sections 19-13-1, 19-13A-1, and144 |
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180 | 156 | | 19-15-1, respectively;145 |
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181 | 157 | | (7) Evidence of the effects of battering and post-traumatic stress disorder on the146 |
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182 | 158 | | defendant;147 |
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183 | 159 | | (8) Evidence pertaining to the alleged perpetrator's history of other acts of family148 |
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184 | 160 | | violence, dating violence or child abuse, as such acts are described in Code Sections149 |
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185 | 161 | | 19-13-1, 19-13A-1, and 19-15-1, respectively, including, but not limited to, temporary150 |
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186 | 162 | | protective order petitions, ex parte orders, and final orders in which the alleged151 |
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187 | 163 | | perpetrator is the respondent;152 |
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188 | 164 | | (9) Expert testimony, including facts and circumstances relating to the family violence,153 |
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189 | 165 | | dating violence, or child abuse, as such acts are described in Code Sections 19-13-1,154 |
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190 | 166 | | 19-13A-1, and 19-15-1, respectively, that are the bases of such expert's opinion; and155 |
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191 | 167 | | (10) Any other evidence that the court determines is of sufficient credibility or probative156 |
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192 | 168 | | value.157 |
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193 | 169 | | (b) The court shall impose a sentence as provided in subsection (c) of this Code section158 |
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194 | 170 | | if the court finds that:159 |
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195 | 171 | | (1) By a preponderance of the evidence, the defendant was subjected to acts of family160 |
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196 | 172 | | violence, dating violence, or child abuse, as such acts are described in Code Sections161 |
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197 | 173 | | 19-13-1, 19-13A-1, and 19-15-1, respectively, and such acts were a significant162 |
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198 | 174 | | contributing factor to the offense; or163 |
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199 | 175 | | (2) The best interest of justice and welfare of society would be served; provided,164 |
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200 | 176 | | however, that such finding shall only be entered with the consent of the state.165 |
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201 | 177 | | (c) Upon a finding provided for in subsection (b) of this Code section:166 |
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202 | 178 | | (1) A person convicted of a crime punishable by death or by life imprisonment shall be167 |
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203 | 179 | | punished by imprisonment for not less than ten years nor more than 30 years. In the168 |
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204 | 180 | | court's discretion, the judge may depart from such mandatory minimum sentence when169 |
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207 | 182 | | the prosecuting attorney and the defendant have agreed to a sentence that is below such170 |
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208 | 183 | | mandatory minimum. Notwithstanding any other provision of law to the contrary, such171 |
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209 | 184 | | sentence may be reduced by any form of parole or early release administered by the State172 |
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210 | 185 | | Board of Pardons and Paroles or by any earned time, early release, work release, leave,173 |
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211 | 186 | | or other sentence-reducing measures under programs administered by the Department of174 |
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212 | 187 | | Corrections.175 |
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213 | 188 | | (2) A person convicted of a felony other than a felony punishable by death or life176 |
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214 | 189 | | imprisonment shall be punished by imprisonment for not less than one year nor more than177 |
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215 | 190 | | one-half the maximum period of time for which he or she could have been sentenced, by178 |
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216 | 191 | | one-half the maximum fine to which he or she could have been subjected, or both."179 |
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217 | 192 | | SECTION 7.180 |
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218 | 193 | | Title 24 of the Official Code of Georgia Annotated, relating evidence, is amended in Chapter181 |
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219 | 194 | | 5, relating to privileges relative to evidence, by revising paragraphs (8) and (9) of and adding182 |
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220 | 195 | | a new paragraph to subsection (a) of Code Section 24-5-501, relating to certain183 |
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221 | 196 | | communications privileged, to read as follows:184 |
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222 | 197 | | "(8) Communications between or among any psychiatrist, psychologist, licensed clinical185 |
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223 | 198 | | social worker, clinical nurse specialist in psychiatric/mental health, licensed marriage and186 |
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224 | 199 | | family therapist, and licensed professional counselor who are rendering psychotherapy187 |
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225 | 200 | | or have rendered psychotherapy to a patient, regarding that patient's communications188 |
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226 | 201 | | which are otherwise privileged by paragraph (5), (6), or (7) of this subsection; and189 |
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227 | 202 | | (9) Communications between accountant and client as provided by Code Section190 |
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228 | 203 | | 43-3-29; and191 |
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229 | 204 | | (10) Communications made in the context of victim centered practices or victim-offender192 |
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230 | 205 | | dialogues as provided for in Code Section 24-5-511."193 |
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231 | 206 | | SECTION 8.194 |
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238 | 210 | | (a) As used in this Code section, the term:197 |
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239 | 211 | | (1) 'Facilitator' means a person who is trained to facilitate a victim centered practice or198 |
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240 | 212 | | victim-offender dialogue.199 |
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241 | 213 | | (2) 'Party' means a person, including a facilitator, a victim, an offender, a community200 |
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242 | 214 | | member, and any other participant, who voluntarily consents to participate with others201 |
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243 | 215 | | in a victim centered practice or victim-offender dialogue.202 |
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244 | 216 | | (3) 'Proceeding' means any legal action subject to the laws of this state, including, but203 |
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245 | 217 | | not limited to, civil, criminal, juvenile, or administrative hearings.204 |
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246 | 218 | | (4) 'Victim centered practice' or 'practice' means a gathering in which parties gather to205 |
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247 | 219 | | identify and respond to wrongdoing, repair harm, reduce the likelihood of further harm,206 |
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248 | 220 | | and strengthen community ties by focusing on the needs and obligations of all parties207 |
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249 | 221 | | involved through a participatory process.208 |
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250 | 222 | | (5) 'Victim-offender dialogue' or 'dialogue' means a process in which the victim of a209 |
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251 | 223 | | crime, or his or her surviving family members, and the offender who committed the crime210 |
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252 | 224 | | meet in a secure setting to engage in a dialogue facilitated by a facilitator with the goal211 |
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253 | 225 | | of repairing harm and addressing trauma.212 |
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254 | 226 | | (b)(1) Any communication or action made at any time while preparing for or213 |
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255 | 227 | | participating in a victim centered practice or a victim-offender dialogue or as a follow up214 |
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256 | 228 | | to such practice or dialogue, or the fact that such practice or dialogue has been planned215 |
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257 | 229 | | or convened, shall be privileged and shall not be referred to, used, or admitted in any216 |
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258 | 230 | | proceeding unless such privilege is waived. Such waiver may be made during the217 |
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259 | 231 | | proceeding or in writing by the party or parties protected by the privilege. Privileged218 |
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260 | 232 | | information shall not be subject to discovery or disclosure in any judicial or extrajudicial219 |
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261 | 233 | | proceeding and shall not be subject to public inspection as provided by Article 4 of220 |
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262 | 234 | | Chapter 18 of Title 50.221 |
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265 | 236 | | (2) Parties of a victim centered practice or victim-offender dialogue may refuse to222 |
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266 | 237 | | disclose communications relating to a victim centered practice or victim-offender223 |
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267 | 238 | | dialogue and prevent others from disclosing such communications.224 |
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268 | 239 | | (3) Any waiver of privilege shall be limited to the participation and communications of225 |
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269 | 240 | | the waiving party only, and the participation or communications of any other party shall226 |
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270 | 241 | | remain privileged unless waived by such other party.227 |
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271 | 242 | | (c) Evidence that is created or discovered outside of the victim centered practice or228 |
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272 | 243 | | victim-offender dialogue shall not become inadmissible or protected from discovery solely229 |
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273 | 244 | | because it was discussed or used in a victim centered practice or victim-offender dialogue.230 |
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274 | 245 | | (d)(1) The privilege afforded by this Code section shall not extend to a situation in231 |
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275 | 246 | | which:232 |
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276 | 247 | | (A) There are threats of imminent violence to self or others; or233 |
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277 | 248 | | (B) The facilitator believes that a child is being abused or that the safety of any party234 |
---|
278 | 249 | | or other person is in danger.235 |
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279 | 250 | | (2) A court, tribunal, or administrative body may require a report on a victim centered236 |
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280 | 251 | | practice or victim-offender dialogue, but such report shall be limited to the fact that a237 |
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281 | 252 | | practice or dialogue has taken place and whether further practices or dialogues are238 |
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282 | 253 | | expected.239 |
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283 | 254 | | (e) The privilege created by this Code section shall not be grounds to fail to comply with240 |
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284 | 255 | | mandatory reporting requirements as set forth in Code Section 19-7-5 or Chapter 5 of241 |
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285 | 256 | | Title 30, the 'Disabled Adults and Elder Persons Protection Act.'242 |
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286 | 257 | | (f) No facilitator shall be held liable for civil damages for any statement, action, omission,243 |
---|
287 | 258 | | or decision made in the course of a victim centered practice or victim-offender dialogue244 |
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288 | 259 | | unless that statement, action, omission, or decision is:245 |
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289 | 260 | | (1) Grossly negligent and made with malice; or246 |
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290 | 261 | | (2) Made with willful disregard for the safety or property of any party to the victim247 |
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291 | 262 | | centered practice or victim-offender dialogue."248 |
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301 | 269 | | and the oaths shall be filed and entered on the minutes of the same office with the same254 |
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302 | 270 | | endorsement thereon; but this Code section shall not apply to any deputy who may be255 |
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303 | 271 | | employed in particular cases only. A deputy sheriff may take his or her oaths before the256 |
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304 | 272 | | sheriff and the oaths may be filed in and entered in the records of the sheriff's office.257 |
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305 | 273 | | (b) All peace officers, as such term is defined in Code Section 35-8-2, taking their oath of258 |
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306 | 274 | | office on or after July 1, 2025, shall be administered the following oath:259 |
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307 | 275 | | 'I, (name of person taking oath), hereby swear or affirm that I will faithfully, fairly,260 |
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308 | 276 | | and without malice or partiality uphold the laws of the State of Georgia, as well as261 |
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309 | 277 | | any ordinances which I am authorized to enforce, to the best of my ability and support262 |
---|
310 | 278 | | and defend the Constitution of the United States and the Constitution of Georgia. So263 |
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311 | 279 | | help me God.'264 |
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312 | 280 | | (c) A peace officer may take his or her oath before the chief executive officer of the265 |
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313 | 281 | | agency or any authorized judicial official, and such oath may be filed in and entered in the266 |
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314 | 282 | | records of that agency.267 |
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315 | 283 | | (d) An agency may administer additional oaths that contain provisions not specifically268 |
---|
316 | 284 | | prescribed and enumerated in this Code section; provided, however, that such oaths, and269 |
---|
317 | 285 | | any language in addition to the language set forth in this Code section, shall be deemed270 |
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318 | 286 | | aspirational only and of no legal effect in any civil or criminal proceeding.271 |
---|
319 | 287 | | (e) Sheriffs and their sworn deputies taking their oath of office on or after July 1, 2025,272 |
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320 | 288 | | shall take the oath set forth in Code Section 15-16-4; provided, however, that any language273 |
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321 | 289 | | in such oath in addition to the language set forth in such Code section shall be deemed274 |
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322 | 290 | | aspirational only and of no legal effect in any civil or criminal proceeding."275 |
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