HB1207: HB1207 Domestic relations; creation of a registry of recidivist domestic violence offenders; provide

26 LC 48 1713 House Bill 1207 By: Representatives Reese of the 140th, Lupton of the 83rd, Campbell of the 35th, Jones of the 60th, and Olaleye of the 59th A BILL TO BE ENTITLED AN ACT To amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations,1 so as to provide for the creation of a registry of recidivist d omestic violence offenders; to2 provide for the maintenance of and access to such registry; to provide for clerks of court to3 provide information to the Georgia Crime Information Center; to provide for the registration4 of recidivist domestic violence offenders; to provide for the assessment of fees on recidivist5 domestic violence offenders; to provide for the removal of such offenders from the registry;6 to provide for rules and regulations; to provide for immunity; to provide for definitions; to7 provide for applicability; to provide for related matters; to repeal conflicting laws; and for8 other purposes.9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:10 SECTION 1.11 Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is12 amended by adding a new chapter to read as follows:13 H. B. 1207 - 1 - 26 LC 48 1713 "CHAPTER 13B14 19-13B-1.15 As used in this chapter, the term:16 (1) 'Convicted' or 'conviction' means any final judgment of co nviction entered upon a17 verdict or finding of guilty of a crime, a plea of guilty, or a plea of nolo contendere.18 (2) 'Domestic violence' means family violence as such term is defined in Code19 Section 19-13-1 or dating violence as such term is defined in Code Section 19-13A-1.20 (3) 'Recidivist domestic violence offender' means a person who:21 (A) Has been convicted in this state of a felony that qualifies as domestic violence; or22 (B) Has been convicted in this state of any offense that qualifies as domestic violence23 and has at least one prior conviction for an offense that qualifies as domestic violence.24 (4) 'Registry' means the recidivist domestic violence offender registry established under25 this chapter.26 19-13B-2.27 (a) There is created a recidivist domestic violence offender registry to serve as a searchable28 database of recidivist domestic violence offenders in this stat e. The registry shall be29 maintained by the Georgia Crime Information Center and shall be made available to the30 public on the Georgia Bureau of Investigation's website.31 (b)(1) If a person is convicted of a felony that qualifies as domestic violence or is32 convicted of any domestic violence offense and has at least one prior conviction for a33 domestic violence offense, the sentencing court shall order suc h person to register as a34 recidivist domestic violence offender under this chapter.35 (2) If the court orders a recidivist domestic violence offende r to register under this36 subsection, the clerk of such court shall electronically transm it a copy of any such37 domestic violence conviction and sentence, and a photograph of the person convicted of38 H. B. 1207 - 2 - 26 LC 48 1713 such offense, to the Georgia Crime Information Center within 60 days of entry of any39 such conviction and sentence.40 (c) Within seven days of receiving the records from the clerk of court pursuant to41 subsection (b) of this Code section, the Georgia Crime Information Center shall update the42 registry to include:43 (1) The recidivist domestic violence offender's name and any aliases, year of birth, and44 photograph;45 (2) The domestic violence offense or offenses for which such person has been convicted,46 including any prior domestic violence convictions;47 (3) The county or counties where such convictions were entered; and48 (4) The sentence imposed for each such conviction.49 (d) The Georgia Bureau of Investigation may request additional information, including50 copies of each recidivist domestic violence offender's driver's license, or other state or51 federal identification, and such other identifying data the Georgia Bureau of Investigation52 deems necessary to identify a recidivist domestic violence offender and exclude innocent53 individuals; provided, however, that the registry shall not inc lude the address, social54 security number, driver's license number, or any other state or federal identification number55 of any recidivist domestic violence offender.56 (e) Except as otherwise provided in subsection (f) of this Cod e section, the information57 entered into the registry for a recidivist domestic violence of fender shall remain in the58 registry for:59 (1) Two years after the date of the most recent conviction for a domestic violence offense60 if the defendant has one prior conviction for a domestic violence offense;61 (2) Five years after the date of the most recent conviction for a domestic violence offense62 if the defendant has two prior convictions for a domestic violence offense; and63 (3) Ten years after the date of the most recent conviction for a domestic violence offense64 if the defendant has three or more prior convictions for a domestic violence offense.65 H. B. 1207 - 3 - 26 LC 48 1713 (f)(1) A person who has been placed on the registry may submit a written request to the66 Georgia Crime Information Center seeking removal from the registry if such person has67 reason to believe that he or she was placed on the registry in error or if such person68 remains on the registry after his or her qualifying sentences have been completed under69 subsection (e) of this Code section.70 (2) Within 60 says of receiving a removal request, the Georgia Crime Information Center71 shall review the person's placement on the registry, shall make a determination as to72 whether such person should be removed from the registry, and shall notify the person of73 such decision in writing.74 (3) If a person disagrees with the Georgia Crime Information C enter's decision under75 paragraph (2) of this subsection, he or she may seek judicial r eview in a court of76 competent jurisdiction within 30 days of receiving such decision.77 (g) The Georgia Bureau of Investigation is authorized to promulgate rules and regulations78 necessary to implement and carry out the provisions of this chapter.79 19-3B-3.80 A recidivist domestic violence offender required to register pursuant to this chapter shall81 be assessed a registration fee of $150.00, which shall be paid to the clerk of the sentencing82 court. The clerk of such sentencing court shall withhold $50.0 0 of the fee for the83 administration of this chapter and remit $100.00 of the fee to the general fund of the state84 treasury.85 19-13B-4.86 No person or entity shall be liable for any actions taken in good faith under this chapter."87 SECTION 2.88 H. B. 1207 - 4 - 26 LC 48 1713 This Act shall apply to persons convicted of a domestic violenc e offense on or after89 January 1, 2027.90 SECTION 3.91 All laws and parts of laws in conflict with this Act are repealed.92 H. B. 1207 - 5 -