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

26 HB 1075/AP House Bill 1075 (AS PASSED HOUSE AND SENATE) By: Representatives Chastain of the 7 th, Gunter of the 8 th, Smith of the 18 th, 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 Co de of Georgia Annotated,1 relating to procedure for sentencing and imposition of punishm ent, so as to provide for a2 felony if an individual is convicted of four or more qualifying misdemeanor offenses; to3 provide for punishment; to provide for evidentiary requirements; to provide for a definition;4 to provide for related matters; to repeal conflicting laws; and for other purposes.5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6 SECTION 1.7 Article 1 of Chapter 10 of Title 17 of the Official Code of Geo rgia Annotated, relating to8 procedure for sentencing and imposition of punishment, is amended by adding a new Code9 section to read as follows:10 "17-10-3.2.11 (a) As used in this Code section, the term 'qualifying misdeme anor' means any12 misdemeanor conviction under Chapter 5 or 6 of Title 16 or any misdemeanor conviction13 under the laws of any other state or of the United States of a crime which, if committed in14 this state, would be a misdemeanor under Chapter 5 or 6 of Title 16.15 H. B. 1075 - 1 - 26 HB 1075/AP (b) Upon conviction of a fourth or subsequent qualifying misdemeanor within a ten-year16 period of time, as measured from the dates of previous arrests for which convictions were17 obtained or pleas of nolo contendere were accepted to the date of the current arrest for18 which a conviction is obtained or a plea of nolo contendere is accepted, the defendant shall19 be deemed to have committed a felony and shall be punished by imprisonment of not less20 t h a n o n e y e a r n o r m o r e t h a n t e n y e a r s . T h e f i r s t y e a r o f s u c h sentence shall not be21 suspended, probated, deferred, or withheld.22 (c) Multiple qualifying misdemeanors occurring on a single date shall constitute only one23 qualifying misdemeanor conviction for purposes of subsection (b) of this Code section.24 (d) The preceding qualifying misdemeanors pursuant to subsection (b) of this Code section25 shall be alleged in a separate count of the indictment that includes:26 (1) A list of the preceding qualifying misdemeanor offenses;27 (2) The dates of conviction for such offenses; and28 (3) The jurisdictions where such offenses occurred.29 (e) A certified copy of the judgment for a preceding qualifyin g misdemeanor shall be30 prima facie evidence of such conviction."31 SECTION 2.32 All laws and parts of laws in conflict with this Act are repealed.33 H. B. 1075 - 2 -