HB636: HB636 Crimes and offenses; sexual offenses; revise penalties

25 LC 48 1414 House Bill 636 By: Representatives McQueen of the 61st, Bell of the 75th, Berry of the 56th, Cannon of the 58th, and Willis of the 55th A BILL TO BE ENTITLED AN ACT To amend Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual1 offenses, so as to revise penalties for violations of certain offenses; to provide for fines for2 such violations and to provide that such collected fines be made available to the Safe Harbor3 for Sexually Exploited Children Fund Commission; to provide for related matters; to repeal4 conflicting laws; and for other purposes.5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6 SECTION 1.7 Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses,8 is amended by revising subsection (a) of Code Section 16-6-13, relating to penalties for9 violating Code Sections 16-6-9 through 16-6-12, as follows:10 "(a) Except as otherwise provided in subsection (b) of this Cod e section, a person11 convicted of violating:12 (1) Code Section 16-6-10 16-6-9 shall be punished as for a misdemeanor of a high and13 aggravated nature, and at the sole discretion of the judge, all but 24 hours of any term of14 imprisonment imposed may be suspended, stayed, or probated fined $75.00, and such15 H. B. 636 - 1 - 25 LC 48 1414 collected fine shall be made available to the Department of Human Services for the Safe16 Harbor for Sexually Exploited Children Fund Commission;17 (2) Code Section 16-6-9 16-6-10 shall be punished as for a misdemeanor fined $75.00,18 and such collected fine shall be made available to the Department of Human Services for19 the Safe Harbor for Sexually Exploited Children Fund Commission;20 (3) Code Section 16-6-11 for a:21 (A) First offense shall be punished as for a misdemeanor of a high and aggravated22 nature, and at the sole discretion of the judge, all but 72 hou rs of any term of23 imprisonment imposed may be suspended, stayed, or probated fined $75.00, and such24 collected fine shall be made available to the Department of Hum an Services for the25 Safe Harbor for Sexually Exploited Children Fund Commission; and26 (B) Second or subsequent offense shall be guilty of a felony and shall be punished by27 a term of imprisonment of not less than one year nor more than ten years fined $100.00,28 and such collected fine shall be made available to the Department of Human Services29 for the Safe Harbor for Sexually Exploited Children Fund Commission; or30 (4) Code Section 16-6-12 for a:31 (A) First offense shall be punished as for a misdemeanor of a high and aggravated32 nature, and at the sole discretion of the judge, all but 72 hou rs of any term of33 imprisonment imposed may be suspended, stayed, or probated fined $75.00, and such34 collected fine shall be made available to the Department of Hum an Services for the35 Safe Harbor for Sexually Exploited Children Fund Commission; and36 (B) Second or subsequent offense shall be guilty of a felony and shall be punished by37 a term of imprisonment of not less than one year nor more than ten years fined $100.00,38 and such collected fine shall be made available to the Department of Human Services39 for the Safe Harbor for Sexually Exploited Children Fund Commission."40 H. B. 636 - 2 - 25 LC 48 1414 SECTION 2.41 All laws and parts of laws in conflict with this Act are repealed.42 H. B. 636 - 3 -