HB1075: HB1075 Sexual offenses; modify penalty for offenders previously convicted of the offense of trafficking of persons for labor or sexual servitude

Currently in Georgia, misdemeanor convictions under Chapter 5 (crimes against the person) or Chapter 6 (sexual offenses) of Title 16 of the Georgia code are punished as misdemeanors each time, even if someone is repeatedly convicted. This bill adds a new code section, O.C.G.A. § 17-10-3.2, that changes how repeat offenders are treated. Under the bill, if a person is convicted of a fourth or subsequent qualifying misdemeanor within a 10 year period, measured from the dates of prior arrests to the date of the current arrest, that conviction becomes a felony. The person would face one to ten years in prison, and the first year of that sentence cannot be suspended, probated, deferred, or withheld. Multiple qualifying misdemeanors from a single date count as only one prior conviction. Prosecutors must list the prior offenses, their conviction dates, and where they occurred in a separate count of the indictment, and a certified copy of a prior judgment counts as strong evidence of that conviction.

• Creates a new felony charge for anyone convicted of a fourth or later qualifying misdemeanor within a 10 year period.
• Defines qualifying misdemeanor as any misdemeanor conviction under Title 16 Chapter 5 (crimes against the person) or Chapter 6 (sexual offenses), or an equivalent out of state or federal conviction.
• Sets the felony punishment at one to ten years in prison, with the first year of the sentence required to be served without suspension, probation, deferral, or being withheld.
• Treats multiple qualifying misdemeanors from a single date as one 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 proving that earlier conviction.

People facing repeat misdemeanor charges under Georgia's crimes against the person or sexual offenses laws, prosecutors who must document prior convictions in indictments, defense attorneys handling repeat offense cases, and judges sentencing defendants under the new felony provision.

Someone with a pattern of misdemeanor convictions for crimes against the person or sexual offenses could now face felony charges and mandatory prison time on a fourth offense within 10 years, rather than another misdemeanor sentence, changing both the criminal record and potential prison time involved.

• Section 1 adds new Code Section 17-10-3.2 defining a qualifying misdemeanor as a Title 16 Chapter 5 or Chapter 6 misdemeanor conviction, or an equivalent conviction from another state or the federal government.
• Subsection (b) makes a fourth or subsequent qualifying misdemeanor within a 10 year window a felony punishable by one to ten years in prison, with the first year not eligible for suspension, probation, deferral, or being withheld.
• Subsection (c) specifies that multiple qualifying misdemeanors occurring on the same date count as only one conviction for the repeat offender count.
• Subsection (d) requires the indictment to include a separate count listing the prior offenses, their conviction dates, and the jurisdictions where they occurred.
• Subsection (e) allows a certified copy of a prior judgment to serve as prima facie (on its face, sufficient unless rebutted) evidence of that earlier conviction.
• Section 2 repeals any conflicting laws.

1. 2026-05-12Effective Date 2026-07-01
2. 2026-05-12Act 717
3. 2026-05-12House Date Signed by Governor (House)
4. 2026-04-10House Sent to Governor (House)
5. 2026-04-02House Agreed Senate Amend or Sub (House)
6. 2026-03-31Senate Passed/Adopted By Substitute (Senate)
7. 2026-03-31Senate Third Read (Senate)
8. 2026-03-25Senate Read Second Time (Senate)

• Johnny Chastain (R, HD-007)Primary sponsor
• Stan Gunter (R, HD-008)
• Tyler Smith (R, HD-018)
• Leesa Hagan (R, HD-156)
• Beth Camp (R, HD-135)
• Joseph Gullett (R, HD-019)
• Timothy Bearden (R, SD-030)

1. PassedHouse voteFebruary 26, 2026

   166 yea, 0 nay (3 not voting, 8 absent)

   Passage: House Vote #580

2. PassedSenate voteMarch 31, 2026

   47 yea, 0 nay (2 not voting, 5 absent)

   Passage By Substitute: Senate Vote #907

3. PassedHouse voteApril 2, 2026

   138 yea, 32 nay (2 not voting, 4 absent)

   Agree To Senate Substitute: House Vote #875

• criminal sentencing
• repeat offenders
• misdemeanor penalties
• sexual offenses law
• Georgia criminal code