HB1142: HB1142 Courts; require certain agreements for certain offenses to be eligible for a Pretrial Intervention and Diversion Program

26 LC 62 0467S House Bill 1142 (COMMITTEE SUBSTITUTE) By: Representatives Hagan of the 156th, Hong of the 103rd, Jones of the 47th, Donatucci of the 105th, Reeves of the 99th, and others A BILL TO BE ENTITLED AN ACT To amend Titles 15, 19, and 42 of the Official Code of Georgia Annotated, relating to courts,1 domestic relations, and penal institutions, respectively, so as to require certain agreements2 for certain offenses to be eligible for a Pretrial Intervention and Diversion Program; provide3 for the creation of a registry of recidivist domestic violence offenders; to provide for the4 maintenance of such registry; to provide for clerks of court to provide certain information to5 the Georgia Bureau of Investigation; to provide for the registr ation of recidivist domestic6 violence offenders; to provide for the removal of recidivist domestic violence offenders from7 the registry; to provide for registration requirements for first offender sentencing; to provide8 for definitions; to provide for an effective date and applicabi lity; to provide for related9 matters; to repeal conflicting laws; and for other purposes.10 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:11 SECTION 1.12 Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended in Article 413 of Chapter 18, relating to Pretrial Intervention and Diversion Program, by adding a new14 subsection to Code Section 15-18-80, relating to policy and procedure, to read as follows:15 H. B. 1142 (SUB) - 1 - 26 LC 62 0467S "(i) No prosecuting attorney sha ll accept any offender into the program for a domestic16 violence offense if such offender has not agreed that any subse quent domestic violence17 conviction will be subject to being ordered for inclusion in the domestic violence registry18 pursuant to Chapter 13B of Title 19."19 SECTION 2.20 Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is21 amended by adding a new chapter to read as follows:22 "CHAPTER 13B23 19-13B-1.24 As used in this chapter, the term:25 (1) 'Convicted' or 'conviction' means a verdict of guilty by a judge or jury, a plea of26 guilty, or a plea of nolo contende re. Such term shall include a person who has been27 discharged without an adjudication of guilt pursuant to Article 3 of Chapter 8 of Title 4228 or had a domestic violence offense discharged under pretrial diversion programs.29 (2) 'Dating relationship' shall have the same meaning as set f orth in Code Section30 19-13A-1.31 (3) 'Domestic violence offense' means the commission of the offense of simple assault,32 aggravated assault, simple battery, battery, aggravated battery , false imprisonment,33 stalking, or aggravated stalking between persons involved in a dating relationship, past34 or present spouses, persons who are parents of the same child, parents and children, and35 stepparents and stepchildren.36 (4) 'Recidivist domestic violence offender' means a person who has:37 (A) Been convicted in this state of a domestic violence offense; and38 (B) At least one prior conviction for a domestic violence offense.39 H. B. 1142 (SUB) - 2 - 26 LC 62 0467S 19-13B-2.40 (a) There is created within the Georgia Bureau of Investigatio n a searchable registry of41 recidivist domestic violence offenders.42 (b) The Georgia Bureau of Investigation shall maintain such re gistry based upon43 information provided by clerks of court pursuant to subsections (c) and (d) of this Code44 section and information available to the Georgia Bureau of Inve stigation from the45 Department of Corrections and local law enforcement agencies. The Georgia Bureau of46 Investigation shall publish such registry on its website but such registry shall not include47 an individual's address, social security number, driver's license number, or any other state48 or federal identification number of a recidivist domestic violence offender.49 (c)(1) The registry shall comprise the recidivist domestic violence offender's name, and50 any known aliases, as listed in criminal history data from the Georgia Crime Information51 Center; date of birth; conviction date; county or counties of c onvictions; and a current52 photograph of each recidivist domestic violence offender.53 (2) When an individual's first prior domestic violence offense resulted in a successful54 discharge without an adjudication of guilt pursuant to Article 3 of Chapter 8 of Title 4255 or such offense was resolved through a pretrial diversion progr am, no information56 pertaining to such offense shall be identified in the registry; provided, however, that, if57 such prior offense resulted in a verdict of guilty by a judge or jury, a plea of guilty, or a58 plea of nolo contendere, to the extent the conviction date and county or counties of59 conviction information is available regarding the registrant's prior offense, such60 information shall be included in the registry.61 (3) Placement on the registry shall only occur when the Georgia Bureau of Investigation62 receives an order by the convicting court as provided by the cl erk of court pursuant to63 subsection (d) of this Code section.64 H. B. 1142 (SUB) - 3 - 26 LC 62 0467S (d)(1) If an individual is convicted of a domestic violence offense the convicting court65 shall, upon proof of any prior domestic violence offense convictions, order the defendant66 to register under this chapter.67 (2) If the convicting court orders a defendant to register under this chapter, such court68 shall forward to the Georgia Bureau of Investigation a certifie d copy of the conviction69 and the date of birth of the defendant. The clerk of court shall forward such information70 to the Georgia Bureau of Investigation within 30 days of the date of conviction.71 (3) The convicting court's order under paragraph (2) of this s ubsection shall indicate72 whether the defendant is to remain on the registry for a period o f f i v e y e a r s i f t h e73 defendant has one prior domestic violence conviction, or ten years if the defendant has74 two or more prior domestic violence convictions.75 (e) Offenses discharged under a pretrial conversion program sh all only be considered a76 conviction for purposes of meeting registration requirements of this Code section.77 (f) The Georgia Bureau of Investigation shall remove from the registry the name and other78 identifying information of an individual required to register under this chapter:79 (1) Within 30 days of receipt of a certified copy of a convicting court order as provided80 by the clerk of court dismissing or vacating the charge or charges;81 (2) Five years after the date of the most recent conviction for a domestic violence offense82 as indicated in the convicting court order if the defendant has one prior domestic violence83 offense conviction; and84 (3) Ten years after the date of the most recent conviction for a domestic violence offense85 as indicated in the convicting court order if the defendant has two or more prior domestic86 violence convictions.87 (g) The provisions of this chapter shall apply only to defendants convicted of a domestic88 violence offense committed on or after January 1, 2027. This chapter shall not apply to any89 domestic violence offense that occurred prior to January 1, 2027."90 H. B. 1142 (SUB) - 4 - 26 LC 62 0467S SECTION 3.91 Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended92 in Chapter 8, relating to probation, by revising paragraph (1) of subsection (h) and subsection93 (i) of Code Section 42-8-60, relating to probation prior to adjudication of guilt, violation of94 probation, and review of criminal record by judge, as follows:95 "(h)(1) When the clerk of court receives for filing an order of exoneration of guilt and96 discharge or is notified by the Georgia Crime Information Cente r that a defendant has97 completed his or her first offender sentence or was discharged pursuant to subsection (g)98 of this Code section, it shall be the duty of the clerk of cour t to enter on the criminal99 docket, accusation or indictment, sentencing order, and any subsequent order modifying100 the original first offender sentencing order within 30 days of the receipt of such order or101 notification the following:102 'Discharge filed completely exonerates the defendant of any criminal purpose and shall103 not affect any of his or her civil rights or liberties, except for registration requirements104 under the state sexual offender registry and the recidivist dom estic violence offender105 registry and except with regard to employment as specified in Code Section 42-8-63.1;106 and the defendant shall not be considered to have a criminal co nviction. O.C.G.A.107 42-8-60.'"108 "(i) Except for the registration requirements under the state sexual offender registry and109 the recidivist domestic violence offender registry and except as otherwise provided in Code110 Section 42-8-63.1, the first offender exoneration of guilt and discharge shall completely111 exonerate the defendant of any criminal purpose and shall not affect any of his or her civil112 rights or liberties, and the defendant shall not be considered to have a criminal conviction."113 SECTION 4.114 This Act shall become effective on January 1, 2027, and shall a pply to all offenses115 committed on or after such date.116 H. B. 1142 (SUB) - 5 - 26 LC 62 0467S SECTION 5.117 All laws and parts of laws in conflict with this Act are repealed.118 H. B. 1142 (SUB) - 6 -