HB 430: Sexual Offender Risk Review Board; venue for certain petitions regarding state sexual offender registry; provide

Under current Georgia law (O.C.G.A. § 42-1-19), a registered sexual offender who wants a court to release them from registration requirements must serve the petition on the district attorney and sheriff where the petition is filed and the sheriff of the county where they currently live. This bill adds new parties to that process: the sheriff of the county where the person intends to live and the chief superior court judge of that county. The bill also lets the sheriff of the intended county or that county's chief superior court judge request a hearing on the petition, something previously only the petitioner could do. It changes a reference to evidence from the sheriff (singular) to sheriffs (plural), reflecting that more than one sheriff's office is now involved. Any order releasing someone from registration requirements must now also be sent to the sheriff of the county of intended residence. A related section on who must register as a sexual offender is also clarified to specify that federal, military, tribal, or other-state registration status is measured at the time the person moves to Georgia.

• Requires that petitions to leave the sex offender registry be served on the sheriff of the county where the petitioner intends to live, not just where they currently reside.
• Adds the chief superior court judge of the county of intended residence as a required recipient of the petition.
• Allows the sheriff or chief superior court judge of the county of intended residence to request a hearing on the petition.
• Requires courts to send any order releasing someone from registration requirements to the sheriff of the county of intended residence.
• Clarifies that whether a new Georgia resident must register as a sex offender is judged based on their registration status at the time they moved to Georgia.

People registered on Georgia's sex offender registry who petition courts for release from registration or residency restrictions, sheriffs and chief superior court judges in counties where such people plan to move, district attorneys, and state agencies including the Department of Corrections, the Department of Community Supervision, and the Georgia Bureau of Investigation.

Local officials in a county someone plans to move to would now get direct notice and a say in whether a registered offender is released from registration requirements, giving those communities a voice in the process before someone with a registry history relocates there.

• Section 1 clarifies in O.C.G.A. § 42-1-12(e)(6) that a new resident's outside-state registration requirement is measured at the time they change residence to Georgia.
• Section 2 amends O.C.G.A. § 42-1-19(b)(2) to require petitions be served on the sheriff and chief superior court judge of the county of intended residence, in addition to existing recipients.
• Section 2 also amends subsection (d)(2) to reflect that evidence may come from multiple sheriffs rather than one.
• Section 2 amends subsection (e) so the sheriff or chief superior court judge of the county of intended residence can request a hearing on the petition.
• Section 2 amends subsection (f) so release orders must also be sent to the sheriff of the county of intended residence.
• Section 3 repeals conflicting laws.

1. 2026-01-12Senate Recommitted (Senate)
2. 2025-03-27Senate Read Second Time (Senate)
3. 2025-03-27Senate Committee Favorably Reported (Senate)
4. 2025-03-10Senate Read and Referred (Senate)
5. 2025-03-06House Passed/Adopted By Substitute (House)
6. 2025-03-06House Third Readers (House)
7. 2025-03-04House Committee Favorably Reported By Substitute (House)
8. 2025-02-18House Second Readers (House)

• Steven Sainz (R, HD-180)Primary sponsor
• Rob Clifton (R, HD-131)
• Bethany Ballard (R, HD-147)
• Jaclyn Ford (R, HD-170)
• Mandi Ballinger (R, HD-23)
• Leesa Hagan (R, HD-156)
• Shawn Still (R, SD-48)

1. PassedHouse voteMarch 6, 2025

   168 yea, 0 nay (8 not voting, 4 excused)

   PASSAGE: House Vote #244

• sex offender registry
• criminal justice
• venue and court procedure
• sheriffs and local law enforcement