---
title: HB 1075. Sexual offenses; modify penalty for offenders previously convicted of the offense of trafficking of persons for labor or sexual servitude
collection: bills
id: 2025-2026/hb1075
cite_as: HB 1075, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/hb1075
md_url: https://georgiacommons.org/bills/2025-2026/hb1075.md
text_url: https://georgiacommons.org/bills/2025-2026/hb1075/text
source_url: https://www.legis.ga.gov/legislation/72501
date: 2026-05-12
status: passed
corpus_version: bills-2026-09-13
license: Public record of the Georgia General Assembly, via LegiScan; see about.md
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
up: https://georgiacommons.org/bills/2025-2026.md
previous: https://georgiacommons.org/bills/2025-2026/hb1074.md
next: https://georgiacommons.org/bills/2025-2026/hb1076.md
index: https://georgiacommons.org/bills/index.md
omitted: votes and history
omitted_chars: 1204
omitted_url: https://georgiacommons.org/bills/2025-2026/hb1075.md?full=1
bill_number: HB 1075
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: House
bill_type: bill
status_date: 2026-05-12
last_action: Effective Date 2026-07-01
sponsors:
- Johnny Chastain
- Stan Gunter
- Tyler Smith
- Leesa Hagan
- Beth Camp
- Joseph Gullett
- Timothy Bearden
text_version: Enrolled
has_text: true
legiscan_url: https://legiscan.com/GA/bill/HB1075/2025
upstream_id: 2100849
summaries_model: claude-sonnet-5
topic_tags:
- sexual offenses
- criminal sentencing
- repeat offenders
- felony penalties
- Georgia criminal law
---
# HB 1075. Sexual offenses; modify penalty for offenders previously convicted of the offense of trafficking of persons for labor or sexual servitude
## Text
House Bill 1075 (AS PASSED HOUSE AND SENATE)
By: Representatives Chastain of the 7th, Gunter of the 8th, Smith of the 18th, Hagan of the
156th, Camp of the 135th, and others
A BILL TO BE ENTITLED
AN ACT
To amend Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated,
relating to procedure for sentencing and imposition of punishment, so as to provide for a
felony if an individual is convicted of four or more qualifying misdemeanor offenses; to
provide for punishment; to provide for evidentiary requirements; to provide for a definition;
to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to
procedure for sentencing and imposition of punishment, is amended by adding a new Code
section to read as follows:
"17-10-3.2.
(a) As used in this Code section, the term 'qualifying misdemeanor' means any
misdemeanor conviction under Chapter 5 or 6 of Title 16 or any misdemeanor conviction
under the laws of any other state or of the United States of a crime which, if committed in
this state, would be a misdemeanor under Chapter 5 or 6 of Title 16.
(b) Upon conviction of a fourth or subsequent qualifying misdemeanor within a ten-year
period of time, as measured from the dates of previous arrests for which convictions were
obtained or pleas of nolo contendere were accepted to the date of the current arrest for
which a conviction is obtained or a plea of nolo contendere is accepted, the defendant shall
be deemed to have committed a felony and shall be punished by imprisonment of not less
than one year nor more than ten years. The first year of such sentence shall not be
suspended, probated, deferred, or withheld.
(c) Multiple qualifying misdemeanors occurring on a single date shall constitute only one
qualifying misdemeanor conviction for purposes of subsection (b) of this Code section.
(d) The preceding qualifying misdemeanors pursuant to subsection (b) of this Code section
shall be alleged in a separate count of the indictment that includes:
(1) A list of the preceding qualifying misdemeanor offenses;
(2) The dates of conviction for such offenses; and
(3) The jurisdictions where such offenses occurred.
(e) A certified copy of the judgment for a preceding qualifying misdemeanor shall be
prima facie evidence of such conviction."
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.
## Summaries written by Georgia Commons
The following was written by claude-sonnet-5 from the text above and is not part of the bill. Quote the text, not the summary.
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.
### Plain-language summary
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 it 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.
## Status
- Status: Passed (2026-05-12)
- Last action: Effective Date 2026-07-01 (2026-05-12)
- Sponsors: Johnny Chastain, Stan Gunter, Tyler Smith, Leesa Hagan, Beth Camp, Joseph Gullett, Timothy Bearden
- Official page: https://www.legis.ga.gov/legislation/72501
> The history, votes, and amendments (1,204 characters) are at https://georgiacommons.org/bills/2025-2026/hb1075.md?full=1