HB1290: HB1290 Crimes and offenses; protection of elder persons; sexual abuse; revise definition

Georgia law already makes it a crime to sexually abuse elder persons, disabled adults, or residents of care facilities under the state's elder protection law (O.C.G.A. § 16-5-100). This bill rewrites the definition of 'sexual abuse' used in that law, spelling out in more detail the kinds of coercive sexual conduct that count, such as forced exposure, restraint, sexual contact, or penetration by an object, unless it happens as part of a recognized medical procedure. The bill also adds a new category to the list of 'dangerous sexual offenses' tracked by Georgia's Sexual Offender Risk Review Board and State Sexual Offender Registry (O.C.G.A. § 42-1-12): willfully inflicting sexual abuse on a disabled adult, elder person, or resident, but only for convictions occurring after June 30, 2026. Separately, the bill adds a new section to Georgia's open records law (O.C.G.A. § 50-18-79) requiring that settlement agreements resolving harassment, discrimination, or retaliation claims against the General Assembly, its chambers, or its members and staff be publicly disclosed, with the claimant's name redacted, and applies this rule retroactively. The law would take effect as soon as the Governor signs it.

• Rewrites the definition of 'sexual abuse' in Georgia's elder and disabled adult protection law (O.C.G.A. § 16-5-100) to spell out specific coercive sexual acts that qualify as abuse.
• Adds willfully inflicting sexual abuse on an elder person, disabled adult, or resident, for convictions after June 30, 2026, to the list of 'dangerous sexual offenses' under the sex offender registry law (O.C.G.A. § 42-1-12).
• Creates a new Code section (O.C.G.A. § 50-18-79) requiring settlement agreements resolving harassment, discrimination, or retaliation claims against the General Assembly to be publicly disclosed with the claimant's identity redacted.
• Applies the new settlement disclosure requirement retroactively to past agreements.
• Clarifies that, apart from this narrow disclosure rule, the General Assembly is not otherwise subject to Georgia's general open records law provisions (O.C.G.A. §§ 50-18-70 through 50-18-78) or the state's related records chapter.
• Sets the law to take effect immediately upon the Governor's signature or upon becoming law without his signature.

Elder persons, disabled adults, and care facility residents protected under Georgia's abuse laws; caregivers, guardians, and facility staff who could be charged under the revised definition; registered sex offenders and courts handling registry classifications; and members, offices, and employees of the Georgia General Assembly involved in harassment or discrimination settlements.

A clearer, more detailed definition of sexual abuse could affect how prosecutors charge cases involving vulnerable adults, and adding the offense to the dangerous sexual offense list could subject convicted offenders to stricter registry classification after mid-2026. The settlement disclosure rule would let the public see, for the first time, how harassment and discrimination claims against the legislature are resolved, even though claimants' names stay hidden.

• Section 1 revises paragraph (9) of subsection (a) of O.C.G.A. § 16-5-100 to redefine 'sexual abuse' with six specific categories of prohibited conduct, from lewd exhibition to penetration by an object.
• Section 2 adds a new subparagraph (B.5) to O.C.G.A. § 42-1-12 defining 'dangerous sexual offense' for convictions after June 30, 2026, listing offenses including rape, child molestation, sexual trafficking, and the newly covered elder/disabled adult abuse offense.
• Section 3 creates O.C.G.A. § 50-18-79, requiring public disclosure (with claimant identity redacted) of any settlement resolving an unlawful employment practice claim against the General Assembly, applied retroactively.
• Section 3(b) states that, apart from this disclosure rule, the General Assembly remains exempt from the state's broader open records provisions (O.C.G.A. §§ 50-18-70 through 50-18-78) and a related records chapter.
• Section 4 makes the Act effective immediately upon the Governor's signature or upon becoming law without signature.
• Section 5 repeals any conflicting laws.

1. 2026-03-23Senate Read Second Time (Senate)
2. 2026-03-20Senate Committee Favorably Reported By Substitute (Senate)
3. 2026-03-04Senate Read and Referred (Senate)
4. 2026-03-03House Passed/Adopted (House)
5. 2026-03-03House Third Readers (House)
6. 2026-02-24House Committee Favorably Reported (House)
7. 2026-02-17House Second Readers (House)
8. 2026-02-12House First Readers (House)

• Scott Hilton (R, HD-048)Primary sponsor
• Sharon Cooper (R, HD-045)
• John LaHood (R, HD-175)
• Bill Fincher (R, HD-023)
• Timothy Bearden (R, SD-030)

1. PassedHouse voteMarch 3, 2026

   167 yea, 0 nay (2 not voting, 8 absent)

   Passage: House Vote #596

• elder abuse
• sexual offender registry
• open records
• harassment settlements
• disabled adult protection