HB1189: HB1189 Sexual offenses; offense of sodomy regarding consenting adults; prohibit prosecution

26 LC 48 9005 House Bill 1189 By: Representatives Moore of the 91st, Panitch of the 51st, Bell of the 75th, Baker of the 64th, and Sanchez of the 42nd A BILL TO BE ENTITLED AN ACT To amend Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual1 offenses, so as to prohibit the prosecution of the offense of s odomy regarding consenting2 adults in accordance with Powell v. The State, 270 Ga. 327 (1998); to provide for related3 matters; to repeal conflicting laws; and for other purposes.4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:5 SECTION 1.6 Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses,7 is amended by adding a new Code section to read as follows:8 "16-6-2.1.9 Except as otherwise provided by state and federal law, prosecut ion for the offense of10 sodomy, as such term is defined in subsection (a) of Code Secti on 16-6-2, shall be11 prohibited when the persons committing sodomy are adults and consent to such sodomy,12 in accordance with the Supreme Court of Georgia's ruling in Powell v. The State, 27013 Ga. 327 (1998)."14 H. B. 1189 - 1 - 26 LC 48 9005 SECTION 2.15 All laws and parts of laws in conflict with this Act are repealed.16 H. B. 1189 - 2 -