Georgia CommonsHouse · Passed · 2025-2026 Regular Session
HB 1075: Sexual offenses; modify penalty for offenders previously convicted of the offense of trafficking of persons for labor or sexual servitude
Last action July 1, 2026 · Effective Date
A Georgia bill would make a fourth misdemeanor conviction for certain sex offenses or crimes against persons within a ten-year period a felony, with a mandatory one to ten year prison sentence.
The summaries below were written by an AI model (claude-sonnet-5) from the text of the bill and are not part of it. Quote the text, not the summary. The stored text is the Enrolled version, the latest the General Assembly's website lists.
In plain language
Currently, misdemeanor convictions for crimes against persons and sexual offenses under Georgia law (O.C.G.A. Title 16, Chapters 5 and 6) stay misdemeanors no matter how many times someone reoffends. This bill adds a new Code section, O.C.G.A. § 17-10-3.2, that changes that for repeat offenders. Under the bill, if someone is convicted of a fourth or later qualifying misdemeanor within a ten-year window, measured from arrest to arrest, the crime is treated as a felony instead. The punishment is one to ten years in prison, and the first year cannot be suspended, probated, deferred, or withheld. Multiple qualifying misdemeanors from a single date count as only one conviction for this purpose. Prosecutors must list the earlier misdemeanor convictions, their dates, and the jurisdictions where they happened in a separate count of the indictment, and a certified copy of a prior judgment counts as strong evidence of that conviction.
What the bill does
- Creates a new felony charge, O.C.G.A. § 17-10-3.2, for a fourth or later qualifying misdemeanor conviction within ten years.
- Sets the punishment at one to ten years in prison, with the first year required to be actual time served, not suspended or probated.
- Defines qualifying misdemeanors as misdemeanor convictions under Title 16, Chapters 5 or 6 (crimes against persons and sexual offenses), including equivalent out of state or federal convictions.
- Requires that multiple qualifying misdemeanors from a single date be treated as just one prior conviction when counting toward the fourth offense.
- Requires prosecutors to list prior qualifying misdemeanors, their conviction dates, and jurisdictions in a separate count of the indictment.
- Allows a certified copy of a prior judgment to serve as strong evidence, called prima facie evidence, proving that conviction happened.
Who it affects
People repeatedly convicted of misdemeanor crimes against persons or sexual offenses in Georgia or elsewhere, prosecutors who must document prior convictions in indictments, and judges who sentence repeat offenders. Courts and the state's criminal justice system will process these cases differently once a fourth qualifying misdemeanor triggers felony treatment.
Why it matters
Someone who has already been convicted of three qualifying misdemeanors would face a felony and a mandatory year in prison for a fourth, instead of another misdemeanor sentence. This raises the legal stakes for repeat offenders and requires prosecutors to build a documented history of prior convictions before trial.
Key provisions
- Section 1 adds O.C.G.A. § 17-10-3.2, defining 'qualifying misdemeanor' as a misdemeanor under Title 16, Chapters 5 or 6, or an equivalent out of state or federal offense.
- Subsection (b) makes a fourth or subsequent qualifying misdemeanor within ten years a felony punishable by one to ten years, with the first year not suspendable, probated, deferred, or withheld.
- Subsection (c) counts multiple qualifying misdemeanors from a single date as only one conviction for the fourth offense calculation.
- Subsection (d) requires the indictment to include a separate count listing prior qualifying misdemeanors, their conviction dates, and jurisdictions.
- Subsection (e) allows a certified copy of a prior judgment to serve as prima facie evidence of that conviction.
- Section 2 repeals any conflicting laws.
From the bill
“The first year of such sentence shall not be suspended, probated, deferred, or withheld.”
Discussed in meetings (13)
The House and Senate meetings that took this bill up, from their machine transcripts. Each account was written by Georgia Commons with AI and is not part of the record; the video is what was said.
House Judiciary Non-Civil Committee, February 17, 2026
From 1:47:51 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: The sponsor said the bill would make a first pimping conviction a felony when the person already had a conviction for trafficking people for labor or sexual servitude, with imprisonment of one to 10 years. A Street Grace witness supported the change, describing cases in which people convicted of trafficking later returned to commercial sexual exploitation. The witness argued that misdemeanor penalties were inadequate and said almost all neighboring states treated pimping and pandering as felonies. An ACLU of Georgia witness opposed the bill, arguing that Georgia law deliberately distinguishes pimping from the more serious offense of trafficking for sexual servitude. That witness said a prior trafficking conviction should not eliminate the lesser penalty for a first pimping conviction and noted that repeated pimping convictions already carry felony penalties. A Georgia Bureau of Investigation agent supported the bill as closing a gap used by previously convicted traffickers. Members asked no substantive questions and offered no amendments. The committee approved the bill by voice vote and sent it to the Rules Committee. No count was stated.
House Rules Committee, February 19, 2026
From 0:37:44 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: The sponsor said HB 1075 was developed with Georgia Bureau of Investigation special agents. The sponsor explained that it would make pimping a felony, rather than a first-offense misdemeanor, when the accused person already has a human trafficking or sex trafficking conviction. There were no questions or vote.
House floor session, February 26, 2026 (legislative day 25, PM)
From 0:57:39 · Watch on the General Assembly's Vimeo channel · Confirmed by the 2026 House Journal, p. 1677
Summary by Georgia Commons: The sponsor said HB 1075 would make a first pimping offense a felony, rather than a misdemeanor, when the person has a prior human trafficking conviction. The sponsor said the GBI supplied the proposal after the sponsor attended meetings and learned more about trafficking and related offenses. The sponsor requested unanimous support as a statement against human and sex trafficking. No questions were asked. The House passed the bill 166 to 0.
House Rules Committee, February 26, 2026
From 0:30:11 · Watch on the General Assembly's Vimeo channel · Confirmed by the 2026 House Journal, p. 1653
Summary by Georgia Commons: The committee placed HB 1075 on the day’s supplemental calendar under modified structured rules after a motion and second. The chair asked for objections, none were heard, and the chair announced its placement. There was no discussion of the bill’s substance.
Senate Judiciary Committee, March 23, 2026
From 1:02:25 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: The chair introduced a substitute for HB 1075, describing earlier work on felony penalties for pimping and pandering. The substitute's presenter said it would make a fourth conviction within 10 years for misdemeanor crimes against people or misdemeanor sex offenses a felony. The presenter compared the approach to repeat-offender penalties for impaired driving. As the reason for the proposal, the presenter described an unprovoked attack on a conference attendee and said the alleged attacker had committed similar acts repeatedly, with each offense remaining punishable as a misdemeanor. The presenter argued that repeated offenses involving victims should eventually carry felony consequences. No members asked substantive questions and no witnesses testified. The committee advanced the substitute on a divided vote, but the spoken vote count is unclear in the transcript.
Senate Rules Committee, March 30, 2026
From 0:47:22 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: The presenter said HB 1075 would make a fourth conviction for specified misdemeanor crimes against people or sex offenses a felony. The presenter described it as a repeat-offender measure and said the original sponsor had allowed use of the bill. A member selected it, and the committee unanimously approved the calendar containing it.
Senate floor session, March 31, 2026 (legislative day 39, part 2)
From 2:27:51 · Watch on the General Assembly's Vimeo channel · Confirmed by the bill's status history (Senate Third Read)
Summary by Georgia Commons: The sponsor presented a substitute making repeated qualifying misdemeanor offenses a felony. The sponsor said qualifying offenses included assault, battery and sexual misdemeanors, with four or more offenses within 10 years triggering felony treatment. The sponsor said punishment would be one to 10 years in prison, with the first year served without probation or suspension. No questions or opposing speeches followed. The Senate adopted the substitute and passed it, 47 to 0.
House floor session, April 2, 2026 (legislative day 40, PM, part 2)
From 3:49:51 · Watch on the General Assembly's Vimeo channel · Confirmed by the bill's status history (House Agreed Senate Amend or Sub)
Summary by Georgia Commons: The original sponsor said the Senate had largely replaced HB 1075 and asked another presenter to explain it. That presenter said the original trafficking language had been included in another bill. The new version would make a fourth or subsequent misdemeanor offense within ten years a felony when the offenses fell under the chapters covering crimes against people or sex crimes. The presenter cited an unprovoked attack on a conference visitor and reports of repeated similar arrests as the reason for the change. Members asked whether it covered traffic violations, theft, obstruction, or nonviolent offenses. The presenter said it applied only to the specified chapters, including simple battery and battery, and that obstruction was in another chapter. Another member confirmed the fourth-offense and ten-year conditions. During voting, the chair reiterated that repeated simple assault or battery could fall under the provision. The House agreed to the Senate's replacement version, 138 to 32.
- Read aloud: House floor session, January 29, 2026 (legislative day 9), 0:44:57
- Read aloud: House floor session, February 2, 2026 (legislative day 10), 0:55:26
- Read aloud: House floor session, February 18, 2026 (legislative day 20), 0:39:40
- Read aloud: Senate floor session, March 3, 2026 (legislative day 26), 0:27:40
- Read aloud: Senate floor session, March 25, 2026 (legislative day 37), 0:34:55
Status timeline
- Effective Date
- Act 717
- House Date Signed by Governor (House)
- House Sent to Governor (House)
- House Agreed Senate Amend or Sub (House)
- Senate Passed/Adopted By Substitute (Senate)
- Senate Third Read (Senate)
- Senate Read Second Time (Senate)
Show full history (16 actions)
- Senate Committee Favorably Reported By Substitute (Senate)
- Senate Read and Referred (Senate)
- House Passed/Adopted (House)
- House Third Readers (House)
- House Committee Favorably Reported (House)
- House Second Readers (House)
- House First Readers (House)
- House Hopper (House)
Sponsors
- Johnny Chastain (R, HD-7)
- Stan Gunter (R, HD-8)
- Tyler Paul Smith (R, HD-18)
- Leesa Hagan (R, HD-156)
- Beth Camp (R, HD-135)
- Joseph Gullett (R, HD-19)
- Timothy Bearden (R, SD-30)
Votes
- House voteFebruary 26, 2026
166 yea, 0 nay (3 not voting, 8 excused)
- Senate voteMarch 31, 2026
47 yea, 0 nay (2 not voting, 5 excused)
- House voteApril 2, 2026
138 yea, 32 nay (2 not voting, 4 excused)
Topics
- sexual offenses
- criminal sentencing
- repeat offenders
- felony penalties
- Georgia criminal law