HB430: HB430 Sexual Offender Risk Review Board; venue for certain petitions regarding state sexual offender registry; provide

25 LC 48 1571S House Bill 430 (COMMITTEE SUBSTITUTE) By: Representatives Sainz of the 180th, Clifton of the 131st, Ballard of the 147th, Ford of the 170th, Ballinger of the 23rd, and others A BILL TO BE ENTITLED AN ACT To amend Article 2 of Chapter 1 of Title 42 of the Official Cod e of Georgia Annotated,1 relating to Sexual Offender Risk Review Board, so as to provide f o r v e n u e f o r c e r t a i n2 petitions regarding the state sexual offender registry; to provide for related matters; to repeal3 conflicting laws; and for other purposes.4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:5 SECTION 1.6 Article 2 of Chapter 1 of Title 42 of the Official Code of Geor gia Annotated, relating to7 Sexual Offender Risk Review Board, is amended by revising paragraph (6) of subsection (e)8 of Code Section 42-1-12, relating to State Sexual Offender Registry, as follows:9 "(6) Is a nonresident who changes residence from another state or territory of the United10 States or any other place to Georgia who, at the time of changing residence, is required11 to register as a sexual offender under federal law, military law, tribal law, or the laws of12 another state or territory or who has been convicted in this st ate of a criminal offense13 against a victim who is a minor or any dangerous sexual offense;"14 H. B. 430 (SUB) - 1 - 25 LC 48 1571S SECTION 2.15 Said article is further amended by revising paragraph (2) of subsection (b), paragraph (2) of16 subsection (d), and subsections (e) and (f) of Code Section 42-1-19, relating to petition for17 release from registration requirements, as follows:18 "(2) Such petition shall be served on the district attorney of the jurisdiction where the19 petition is filed, the sheriff of the county where the petition is filed, and the sheriff of the20 county where the individual resides, the sheriff of the county of intended residence, and21 the chief superior court judge of the county of intended residence. Service on the district22 attorney and sheriff may be had by mailing a copy of the petition with a proper certificate23 of service."24 "(2) Any evidence introduced by the district attorney, board, or sheriff sheriffs; and"25 "(e) The court shall hold a hearing on the petition if requested by the petitioner, the sheriff26 of the county of intended residence, or the chief superior cour t judge of the county of27 intended residence.28 (f) The court may issue an order releasing the individual from registration requirements29 or residency or employment restrictions, in whole or part, if t he court finds by a30 preponderance of the evidence that the individual does not pose a substantial risk of31 perpetrating any future dangerous sexual offense. The court ma y release an individual32 from such requirements or restrictions for a specific period of time. The court shall send33 a copy of any order releasing an individual from any requiremen ts or restrictions to the34 sheriff and the district attorney of the jurisdiction where the petition is filed, to the sheriff35 of the county where the individual resides, to the sheriff of t he county of intended36 residence, to the Department of Corrections, to the Department of Community Supervision,37 and to the Georgia Bureau of Investigation."38 SECTION 3.39 All laws and parts of laws in conflict with this Act are repealed.40 H. B. 430 (SUB) - 2 -