---
title: HB 1290. Crimes and offenses; protection of elder persons; sexual abuse; revise definition
collection: bills
id: 2025-2026/hb1290
cite_as: HB 1290, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/hb1290
md_url: https://georgiacommons.org/bills/2025-2026/hb1290.md
text_url: https://georgiacommons.org/bills/2025-2026/hb1290/text
source_url: https://www.legis.ga.gov/legislation/73141
date: 2026-03-23
status: engrossed
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.
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next: https://georgiacommons.org/bills/2025-2026/hb1291.md
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omitted: votes and history
omitted_chars: 583
omitted_url: https://georgiacommons.org/bills/2025-2026/hb1290.md?full=1
bill_number: HB 1290
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: House
bill_type: bill
status_date: 2026-03-03
last_action: Senate Read Second Time
sponsors:
  - Scott Hilton
  - Sharon Cooper
  - John LaHood
  - Bill Fincher
  - Timothy Bearden
text_version: Comm Sub
has_text: true
legiscan_url: https://legiscan.com/GA/bill/HB1290/2025
upstream_id: 2114612
summaries_model: claude-sonnet-5
topic_tags:
  - elder abuse
  - sexual offender registry
  - public records
  - legislative accountability
  - disabled adult protections
---

# HB 1290. Crimes and offenses; protection of elder persons; sexual abuse; revise definition

## Text

The Senate Committee on Judiciary offered the following
substitute to HB 1290:
A BILL TO BE ENTITLED
AN ACT
To amend Article 8 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated,
relating to protection of elder persons, so as to revise the definition of sexual abuse; to amend
Article 2 of Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to the
Sexual Offender Risk Review Board, so as to provide for dangerous sexual offenses
occurring after June 30, 2026; to provide for a definition; to amend Title 50 of the Official
Code of Georgia Annotated, relating to state government, so as to provide for the public
disclosure of certain records of the General Assembly; to provide for application; to provide
for construction; to provide for related matters; to provide for an effective date; to repeal
conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 8 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to
protection of elder persons, is amended by revising paragraph (9) of subsection (a) of Code
Section 16-5-100, relating to definitions, as follows:
"(9) 'Sexual abuse' means <del>the coercion</del> for the purpose of self-gratification <del>by a guardian
or other person supervising the welfare or having immediate charge, control, or custody
</del>
<del>of a disabled adult, elder person, or resident</del> to engage <ins>without consent,</ins> in any of the
following conduct <ins>with an elder person, disabled adult, or resident:
</ins> (A) Lewd exhibition of the genitals or pubic area of any person;
(B) Flagellation or torture by or upon a person who is unclothed or partially unclothed;
(C) Condition of being fettered, bound, or otherwise physically restrained on the part
of a person who is unclothed or partially clothed unless physical restraint is medically
indicated;
(D) Physical contact in an act of sexual stimulation or gratification with any person's
unclothed genitals, pubic area, or buttocks or with a female's nude breasts;
(E) Defecation or urination for the purpose of sexual stimulation of the viewer; or
(F) Penetration of the vagina or rectum by any object except when done as part of a
recognized medical or nursing procedure."
SECTION 2.
Article 2 of Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to the
Sexual Offender Risk Review Board, is amended in Code Section 42-1-12, relating to the
State Sexual Offender Registry, by adding a new subparagraph to paragraph (10) of
subsection (a) to read as follows:
<ins>"(B.5) 'Dangerous sexual offense' with respect to convictions occurring after June 30,
2026, means any criminal offense, or the attempt to commit any criminal offense, under
Title 16 as specified in this subparagraph or any offense under federal law or the laws
of another state or territory of the United States which consists of the same or similar
elements of the following offenses:
(i) Aggravated assault with the intent to rape in violation of Code Section 16-5-21;
(ii) Kidnapping in violation of Code Section 16-5-40 which involves a victim who
is less than 14 years of age, except by a parent;
</ins>
<ins>(iii) Trafficking an individual for sexual servitude in violation of Code Section
16-5-46;
(iv) Rape in violation of Code Section 16-6-1;
(v) Sodomy in violation of Code Section 16-6-2;
(vi) Aggravated sodomy in violation of Code Section 16-6-2;
(vii) Statutory rape in violation of Code Section 16-6-3, if the individual convicted
of the offense is 21 years of age or older;
(viii) Child molestation in violation of Code Section 16-6-4;
(ix) Aggravated child molestation in violation of Code Section 16-6-4;
(x) Enticing a child for indecent purposes in violation of Code Section 16-6-5;
(xi) Improper sexual contact by employee or agent in the first or second degree or
improper sexual contact by person in a position of trust in the first or second degree
in violation of Code Section 16-6-5.1, unless the punishment imposed was not subject
to Code Section 17-10-6.2;
(xii) Incest in violation of Code Section 16-6-22;
(xiii) A second or subsequent conviction for sexual battery in violation of Code
Section 16-6-22.1;
(xiv) Aggravated sexual battery in violation of Code Section 16-6-22.2;
(xv) Sexual exploitation of children in violation of Code Section 16-12-100;
(xvi) Computer pornography and child exploitation in violation of Code Section
16-12-100.2;
(xvii) A second or subsequent conviction for obscene telephone contact in violation
of Code Section 16-12-100.3;
(xviii) Any conduct which, by its nature, is a felony sexual offense against a victim
who is a minor or an attempt to commit a felony sexual offense against a victim who
is a minor; or
</ins>
<ins>(xix) Willfully inflicting sexual abuse upon a disabled adult, elder person, or resident
in violation of Code Section 16-5-102."
</ins> SECTION 3.
Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended
by adding a new Code section to read as follows:
<ins>"50-18-79.
(a) If any claim of an unlawful employment practice made against the General Assembly,
the House of Representatives, the Senate, or any member, office, or employee thereof,
including, but not limited to, a claim of sexual harassment, discriminatory harassment,
discrimination, or retaliation, is resolved in whole or in part by a settlement agreement, a
memorandum of agreement or understanding, or other similar document, however
denominated, such agreement shall be subject to public disclosure with the claimant's
identity redacted. For purposes of this subsection exclusively, the General Assembly shall
be an agency. This subsection shall be applied retroactively.
(b) Except as provided for in subsection (a) of this Code section, nothing in this Code
section shall be construed or applied so as to subject the General Assembly to the
provisions of Code Sections 50-18-70 through 50-18-78 or Chapter 14 of this title."
</ins> SECTION 4.
This Act shall become effective upon its approval by the Governor or upon its becoming law
without such approval.
SECTION 5.
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 Senate substitute for HB 1290 would broaden Georgia's definition of sexual abuse of elder persons and disabled adults, add new offenses to the state's dangerous sexual offender list, and require public disclosure of settlement agreements over harassment claims against the General Assembly.

### Plain-language summary

Current Georgia law (O.C.G.A. § 16-5-100) defines sexual abuse of an elder person, disabled adult, or resident narrowly, requiring that the abuser be a guardian or someone supervising or in charge of the victim, and that the act involve coercion. This bill rewrites that definition so the abuse no longer has to come from a caregiver; instead it applies whenever the listed sexual conduct happens with an elder person, disabled adult, or resident without their consent.
The bill also adds a new category to the list of 'dangerous sexual offenses' tracked by the Sexual Offender Risk Review Board (O.C.G.A. § 42-1-12): willfully inflicting sexual abuse on a disabled adult, elder person, or resident, but only for convictions occurring after June 30, 2026.
Finally, the bill adds a new Code section (O.C.G.A. § 50-18-79) requiring that settlement agreements resolving unlawful employment practice claims, including sexual harassment, discrimination, or retaliation claims, against the General Assembly, either chamber, or their members or staff be publicly disclosed with the claimant's identity redacted, applied retroactively. The law would take effect as soon as the Governor signs it.

### What it does

- Removes the requirement that sexual abuse of an elder person, disabled adult, or resident be committed by a guardian or caregiver, and instead requires the act happen without the victim's consent.
- Adds willfully inflicting sexual abuse on a disabled adult, elder person, or resident to the list of 'dangerous sexual offenses' tracked under the state sexual offender registry law, for convictions after June 30, 2026.
- Creates a new public disclosure requirement for settlement agreements resolving harassment, discrimination, or retaliation claims against the General Assembly or its members and staff, with the claimant's name redacted.
- Applies that disclosure requirement retroactively to settlements already reached.
- States that the General Assembly is otherwise not covered by Georgia's general open records law (O.C.G.A. §§ 50-18-70 through 50-18-78) or the related chapter on records.
- Sets the effective date as the day the Governor signs the bill or it otherwise becomes law without his signature.

### Who it affects

Elder persons, disabled adults, and residents of care facilities in Georgia, along with caregivers, guardians, and facility staff who could face abuse charges; people convicted of a range of sex offenses who may now be added to the dangerous offender registry; and members, offices, and employees of the General Assembly involved in harassment or discrimination claims.

### Why it matters

Broadening the sexual abuse definition means prosecutors would no longer need to prove the abuser was a caregiver, potentially covering more offenders. Flagging more offenses as 'dangerous sexual offenses' after mid-2026 could subject more people to closer registry oversight. The new disclosure rule would let the public see redacted settlement records from harassment claims against lawmakers and legislative staff.

### Key provisions

- Section 1 revises paragraph (9) of subsection (a) of O.C.G.A. § 16-5-100 so sexual abuse of an elder person, disabled adult, or resident is defined by lack of consent rather than by the offender being a guardian or caregiver using coercion.
- Section 2 adds a new subparagraph (B.5) to O.C.G.A. § 42-1-12 defining 'dangerous sexual offense' to include willfully inflicting sexual abuse on a disabled adult, elder person, or resident (O.C.G.A. § 16-5-102), applicable to convictions after June 30, 2026, alongside a long list of other existing sexual offenses.
- Section 3 creates new Code Section 50-18-79, requiring settlement agreements resolving unlawful employment practice claims against the General Assembly, its chambers, or members and employees to be publicly disclosed with the claimant's identity redacted, applied retroactively.
- Section 3 also clarifies that, apart from this disclosure requirement, the General Assembly is not subject to Georgia's general open records statutes.
- Section 4 sets the effective date as the Governor's approval or the date the bill otherwise becomes law without his signature.
- Section 5 repeals any conflicting laws.

## Status

- Status: Engrossed (2026-03-03)
- Last action: Senate Read Second Time (2026-03-23)
- Sponsors: Scott Hilton, Sharon Cooper, John LaHood, Bill Fincher, Timothy Bearden
- Official page: https://www.legis.ga.gov/legislation/73141

> The history, votes, and amendments (583 characters) are at https://georgiacommons.org/bills/2025-2026/hb1290.md?full=1