Georgia CommonsSB 592: "One Strike Act"; enact
Introduced version, the latest LegiScan holds · Last action March 6, 2026 · Introduced
The text as LegiScan holds it, read from the PDF the legislature publishes with its margin line numbers, running heads, and page footers removed. Line breaks are joined into paragraphs here; no word is changed.
Underlined words are what the bill adds to current law and struck-through words are what it removes, as the printed bill shows them.
Senate Bill 592
By: Senators Gooch of the 51st, Anavitarte of the 31st, Summers of the 13th, Echols of the 49th, Hatchett of the 50th and others
A BILL TO BE ENTITLED
AN ACT
To amend Chapters 5 and 6 of Title 16 and Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to crimes against the person, sexual offenses, and sentence and punishment, respectively, so as to provide for increased punishments for certain offenses; to provide for certain punishment for offenders who have been convicted of the offense of rape, sexual battery, or aggravated sexual battery of a person under 12 years of age; to designate certain offenses as serious violent felonies; to remove probation eligibility for certain offenses committed while serving a sentence; to prohibit probation for certain offenses; to prohibit early termination of probation for certain offenses; to provide for a short title; to provide for legislative findings; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
This Act shall be known and may be cited as the "One Strike Act."
SECTION 2.
The General Assembly finds that:
(1) The safety of Georgia families is paramount and violent predators who commit a single act of serious violence pose an unacceptable risk to public safety;
(2) While Georgia's 2011–2018 criminal justice reforms successfully reduced recidivism and incarceration costs for nonviolent offenders, recent national spikes in violent crime demonstrate the need for targeted, zero tolerance penalties for serious violent felonies and the most egregious sexual offenses against children;
(3) States such as Florida, Louisiana, and Kentucky have implemented similar enhanced penalties with documented reductions in violent crime; and
(4) This Act preserves rehabilitation opportunities for nonviolent offenders while ensuring that one violent act can permanently remove a predator from this state's communities when warranted.
SECTION 3.
Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to crimes against the person, is amended by revising Code Section 16-5-21, relating to aggravated assault, as follows:
"16-5-21.
(a) A person commits the offense of aggravated assault when he or she assaults:
(1) With intent to murder, to rape, or to rob;
(2) With a deadly weapon or with any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in serious bodily injury;
(3) With any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in strangulation; or
(4) Without legal justification by discharging a firearm from within a motor vehicle or after immediately exiting a vehicle toward a person, an occupied motor vehicle, or occupied building.
(b) Except as provided in subsections (c) through (m) of this Code section, a person convicted of the offense of aggravated assault shall be punished by imprisonment for not less than one nor more than 20 years three years and not exceeding imprisonment for life without parole or imprisonment for life.
(c)(1) A person who knowingly commits the offense of aggravated assault upon a public safety officer while he or she is engaged in, or on account of the performance of, his or her official duties shall, upon conviction thereof, be punished as follows:
(A) When such assault occurs by the discharge of a firearm by a person who is at least 17 years of age, such person shall be punished by imprisonment for not less than ten nor more than 20 years and not exceeding imprisonment for life without parole or imprisonment for life and shall be sentenced to a mandatory minimum term of imprisonment of ten 20 years and no portion of the mandatory minimum sentence imposed shall be suspended, stayed, probated, deferred, or withheld by the sentencing court; provided, however, that in the court's discretion, the court may depart from such mandatory minimum sentence when the prosecuting attorney and defendant have agreed to a sentence that is below such mandatory minimum;
(B) When such assault does not involve the discharge of a firearm by a person who is at least 17 years of age, and does not involve only the use of the person's body, such person shall be punished by imprisonment for not less than five nor more than 20 years ten years and not exceeding imprisonment for life without parole or imprisonment for life and, for persons who are at least 17 years of age, shall be sentenced to a mandatory minimum term of imprisonment of three ten years and no portion of the mandatory minimum sentence imposed shall be suspended, stayed, probated, deferred, or withheld by the sentencing court; provided, however, that in the court's discretion, the court may depart from such mandatory minimum sentence when the prosecuting attorney and defendant have agreed to a sentence that is below such mandatory minimum; or
(C) When such assault occurs only involving the use of the person's body, by imprisonment for not less than five nor more than 20 years ten years and not exceeding imprisonment for life without parole or imprisonment for life.
(2) A person convicted under this subsection shall be punished, in addition to any term of imprisonment imposed, by a fine as provided by law which shall be at least $2,000.00. With respect to $2,000.00 of the fine imposed, after distributing the surcharges and deductions required by Chapter 21 of Title 15, Code Sections 36-15-9 and 42-8-34, and Title 47, it shall be earmarked for the Georgia State Indemnification Fund for purposes of payment of indemnification for death or disability as provided for in Part 1 of Article 5 of Chapter 9 of Title 45.
(3) As used in this subsection, the term 'firearm' means any handgun, rifle, shotgun, or similar device or weapon which will or can be converted to expel a projectile by the action of an explosive or electrical charge.
(d) Any person who commits the offense of aggravated assault against a person who is 65 years of age or older shall, upon conviction thereof, be punished by imprisonment for not less than three nor more than 20 years five years and not exceeding imprisonment for life without parole or imprisonment for life.
(e) Any person who commits the offense of aggravated assault in a public transit vehicle or station shall, upon conviction thereof, be punished by imprisonment for not less than three nor more than 20 years five years and not exceeding imprisonment for life without parole or imprisonment for life.
(f) Any person who commits the offense of aggravated assault upon a person in the course of violating Code Section 16-8-2 where the property that was the subject of the theft was a vehicle engaged in commercial transportation of cargo or any appurtenance thereto, including without limitation any such trailer, semitrailer, container, or other associated equipment, or the cargo being transported therein or thereon, shall upon conviction be punished by imprisonment for not less than five nor more than 20 years, a fine ten years and not exceeding imprisonment for life without parole or imprisonment for life, a fine of not less than $50,000.00 nor more than $200,000.00, or both such fine and imprisonment. For purposes of this subsection, the term 'vehicle' includes without limitation any railcar.
(g) Except as provided in subsection (c) of this Code section, a person convicted of an offense described in paragraph (4) of subsection (a) of this Code section shall be punished by imprisonment for not less than five nor more than 20 years ten years and not exceeding imprisonment for life without parole or imprisonment for life.
(h) Any person who commits the offense of aggravated assault involving the use of a firearm upon a student or teacher or other school personnel within a school safety zone as defined in Code Section 16-11-127.1 shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years ten years and not exceeding imprisonment for life without parole or imprisonment for life.
(i) If the offense of aggravated assault is committed between past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other persons excluding siblings living or formerly living in the same household, the defendant shall be punished by imprisonment for not less than three nor more than 20 years five years and not exceeding imprisonment for life without parole or imprisonment for life.
(j)(1) Any person who commits the offense of aggravated assault with intent to rape against a child under the age of 14 years shall be punished by imprisonment for not less than 25 nor more than 50 years and not exceeding imprisonment for life without parole or imprisonment for life.
(2)(A) As used in this paragraph, the term 'sexual felony' shall mean a felony conviction of:
(i) Aggravated assault with the intent to rape in violation of subsection (a) of this Code section;
(ii) Kidnapping in violation of Code Section 16-5-40 which involves a victim who is under 14 years of age, except by a parent;
(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) Aggravated sodomy in violation of Code Section 16-6-2;
(vi) Statutory rape in violation of Code Section 16-6-3, if the individual convicted of the offense is 21 years of age or older;
(vii) Child molestation in violation of Code Section 16-6-4;
(viii) Aggravated child molestation in violation of Code Section 16-6-4;
(ix) Enticing a child for indecent purposes in violation of Code Section 16-6-5;
(x) Improper sexual contact by employee or agent in the first or second degree or improper sexual contact by a foster parent 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;
(xi) Incest in violation of Code Section 16-6-22;
(xii) Aggravated sexual battery in violation of Code Section 16-6-22.2; or
(xiii) Sexual exploitation of children in violation of Code Section 16-12-100.
(B) Any person having been previously convicted of a sexual felony who is convicted of the offense of aggravated assault with the intent to rape shall be punished by imprisonment for life or a split sentence that is a term of imprisonment followed by probation for life. As a condition of probation, the court shall impose the requirement of electronic monitoring as set forth in paragraph (14) of subsection (a) of Code Section 42-8-35. Any person convicted under this paragraph shall, in addition, be subject to the sentencing and punishment provisions of Code Section 17-10-6.2.
(k) A person who knowingly commits the offense of aggravated assault upon an officer of the court while such officer is engaged in, or on account of the performance of, his or her official duties shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years and not exceeding imprisonment for life without parole or imprisonment for life.
(l) A person who commits the offense of aggravated assault upon an emergency health worker or healthcare worker while such worker is on a hospital campus, as such term is defined in Code Section 31-54-1, to perform official duties shall, upon conviction thereof, be punished by imprisonment for not less than three nor more than 20 years five years and not exceeding imprisonment for life without parole or imprisonment for life.
(m) Any person who commits the offense of aggravated assault upon a utility worker while such worker is acting within the course and scope of his or her employment or is performing official duties shall, upon conviction thereof, be punished by imprisonment for not less than three nor more than 20 years five years and not exceeding imprisonment for life without parole or imprisonment for life."
SECTION 4.
Said chapter is further amended by revising Code Section 16-5-24, relating to aggravated battery, as follows:
"16-5-24.
(a) A person commits the offense of aggravated battery when he or she maliciously causes bodily harm to another by depriving him or her of a member of his or her body, by rendering a member of his or her body useless, or by seriously disfiguring his or her body or a member thereof.
(b) Except as provided in subsections (c) through (i) of this Code section, a person convicted of the offense of aggravated battery shall be punished by imprisonment for not less than one nor more than 20 years three years and not exceeding imprisonment for life without parole or imprisonment for life.
(c)(1) A person who knowingly commits the offense of aggravated battery upon a public safety officer while the public safety officer is engaged in, or on account of the performance of, his or her official duties shall, upon conviction thereof, be punished by imprisonment for not less than ten nor more than 20 years and not exceeding imprisonment for life without parole or imprisonment for life; provided, however, that for persons who are at least 17 years of age, a mandatory minimum term of imprisonment of three years shall be imposed and no portion of the mandatory minimum sentence shall be suspended, stayed, probated, deferred, or otherwise withheld by the sentencing court; provided, however, that in the court's discretion, the court may depart from such mandatory minimum sentence when the prosecuting attorney and defendant have agreed to a sentence that is below such mandatory minimum.
(2) A person convicted under this subsection shall be punished, in addition to any term of imprisonment imposed, by a fine as provided by law which shall be at least $2,000.00. With respect to $2,000.00 of the fine imposed, after distributing the surcharges and deductions required by Chapter 21 of Title 15, Code Sections 36-15-9 and 42-8-34, and Title 47, it shall be earmarked for the Georgia State Indemnification Fund for purposes of payment of indemnification for death or disability as provided for in Part 1 of Article 5 of Chapter 9 of Title 45.
(d) Any person who commits the offense of aggravated battery against a person who is 65 years of age or older shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years ten years and not exceeding imprisonment for life without parole or imprisonment for life.
(e) Any person who commits the offense of aggravated battery in a public transit vehicle or station shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years ten years and not exceeding imprisonment for life without parole or imprisonment for life.
(f) Any person who commits the offense of aggravated battery upon a student or teacher or other school personnel within a school safety zone as defined in Code Section 16-11-127.1 shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years ten years and not exceeding imprisonment for life without parole or imprisonment for life.
(g) If the offense of aggravated battery is committed between past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other persons excluding siblings living or formerly living in the same household, the defendant shall be punished by imprisonment for not less than three nor more than 20 years five years and not exceeding imprisonment for life without parole or imprisonment for life.
(h) A person who commits the offense of aggravated battery upon an emergency health worker or healthcare worker while such worker is on a hospital campus, as such term is defined in Code Section 31-54-1, to perform official duties shall, upon conviction thereof, be punished by imprisonment for not less than three nor more than 20 years five years and not exceeding imprisonment for life without parole or imprisonment for life.
(i) Any person who commits the offense of aggravated battery upon a utility worker while such worker is acting within the course and scope of his or her employment or is performing official duties at the time of the offense shall, upon conviction thereof, be punished by imprisonment for not less than three nor more than 20 years five years and not exceeding imprisonment for life without parole or imprisonment for life."
SECTION 5.
Said chapter is further amended by revising paragraph (1) of subsection (d) of Code Section 16-5-40, relating to kidnapping, as follows:
"(1) Imprisonment for not less than ten nor more than 20 years and not exceeding imprisonment for life without parole or imprisonment for life if the kidnapping involved a victim who was 14 years of age or older;"
SECTION 6.
Chapter 6 of said title, relating to sexual offenses, is amended by adding a new subsection to Code Section 16-6-1, relating to rape, to read as follows: "(e) A person convicted of the offense of rape when the victim was under 12 years of age and the defendant was 18 years of age or older at the time of the offense shall be guilty of a felony and shall be punished by imprisonment for life without parole or by imprisonment for life."
SECTION 7.
Said chapter is further amended by adding a new subsection to Code Section 16-6-22.1, relating to sexual battery and consent, to read as follows: "(e.1) A person convicted of the offense of sexual battery when the victim was under 12 years of age and the defendant was 18 years of age or older at the time of the offense shall be guilty of a felony and shall be punished by imprisonment for life without parole or by imprisonment for life."
SECTION 8.
Said chapter is further amended by adding a new subsection to Code Section 16-6-22.2, relating to aggravated sexual battery and consent, to read as follows: "(d.1) A person convicted of the offense of aggravated sexual battery when the victim was under 12 years of age and the defendant was 18 years of age or older at the time of the offense shall be guilty of a felony and shall be punished by imprisonment for life without parole or by imprisonment for life."
SECTION 9.
Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to sentence and punishment, is amended by revising subsection (a) of Code Section 17-10-6.1, relating to punishment for serious violent offenders and authorization for reduction in mandatory minimum sentencing, as follows:
"(a) As used in this Code section, the term 'serious violent felony' means:
(1) Murder or felony murder, as defined in Code Section 16-5-1;
(2) Armed robbery, as defined in Code Section 16-8-41;
(3) Kidnapping, as defined in Code Section 16-5-40;
(4) Rape, as defined in Code Section 16-6-1;
(5) Aggravated child molestation, as defined in subsection (c) of Code Section 16-6-4, unless subject to the provisions of paragraph (2) of subsection (d) of Code Section 16-6-4;
(6) Aggravated sodomy, as defined in Code Section 16-6-2; or
(7) Sexual battery, as defined in Code Section 16-6-22.1;
(7)(8) Aggravated sexual battery, as defined in Code Section 16-6-22.2;
(9) Aggravated assault, as defined in Code Section 16-5-21;
(10) Aggravated battery, as defined in Code Section 16-5-24;
(11) Home invasion in the first degree, as defined in Code Section 16-7-5; or
(12) Any felony involving the use or possession of a firearm during the commission of the offense."
SECTION 10.
Said chapter is further amended by adding a new Code section to read as follows:
"17-10-6.4.
(a) Any offender currently serving a sentence shall have eligibility for parole removed from his or her current sentence or, if serving consecutive sentences, next sentence if he or she committed any of the following offenses:
(1) Murder or felony murder, as defined in Code Section 16-5-1;
(2) Simple assault or aggravated assault, as defined in Code Sections 16-5-20 and 16-5-21, respectively;
(3) Rape, as defined in Code Section 16-6-1; or
(4) Distribution of controlled substances, as defined in Code Section 16-13-30.
(b) Any offender currently serving a sentence shall have eligibility for parole removed from his or her current sentence or, if serving consecutive sentences, next sentence if he or she participated in, managed, or was in some way part of an organization whose primary purpose involved the trafficking of controlled substances in violation of Code Section
16-13-31.
(c) There shall be no parole for validated gang members or offenders who commit gang related crimes pursuant to Code Section 16-15-4.
(d) No offender who has committed a serious violent felony, as defined in Code Section 17-10-6.1, shall be eligible for early termination of probation regardless of condition satisfaction.
(e) No offender who has committed a serious violent felony, as defined in Code Section 17-10-6.1, shall utilize a probation reporting contact center or other similar center to report to probation officers."
SECTION 11.
This Act shall become effective on July 1, 2026, and shall apply to all offenses committed on or after such date.
SECTION 12.
All laws and parts of laws in conflict with this Act are repealed.