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

26 LC 49 2841S The Senate Committee on Judiciary offered the following substitute to HB 1290: A BILL TO BE ENTITLED AN ACT To amend Article 8 of Chapter 5 of Title 16 of the Official Cod e of Georgia Annotated,1 relating to protection of elder persons, so as to revise the definition of sexual abuse; to amend2 Article 2 of Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to the3 Sexual Offender Risk Review Board, so as to provide for dangero us sexual offenses4 occurring after June 30, 2026; to provide for a definition; to amend Title 50 of the Official5 Code of Georgia Annotated, relating to state government, so as to provide for the public6 disclosure of certain records of the General Assembly; to provide for application; to provide7 for construction; to provide for related matters; to provide fo r an effective date; to repeal8 conflicting laws; and for other purposes.9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:10 SECTION 1.11 Article 8 of Chapter 5 of Title 16 of the Official Code of Geor gia Annotated, relating to12 protection of elder persons, is amended by revising paragraph (9) of subsection (a) of Code13 Section 16-5-100, relating to definitions, as follows:14 "(9) 'Sexual abuse' means the coercion for the purpose of self-gratification by a guardian15 or other person supervising the welfare or having immediate charge, control, or custody16 - 1 - 26 LC 49 2841S of a disabled adult, elder person, or resident to engage without consent, in any of the17 following conduct with an elder person, disabled adult, or resident:18 (A) Lewd exhibition of the genitals or pubic area of any person;19 (B) Flagellation or torture by or upon a person who is unclothed or partially unclothed;20 (C) Condition of being fettered, bound, or otherwise physically restrained on the part21 of a person who is unclothed or partially clothed unless physical restraint is medically22 indicated;23 (D) Physical contact in an act of sexual stimulation or gratification with any person's24 unclothed genitals, pubic area, or buttocks or with a female's nude breasts;25 (E) Defecation or urination for the purpose of sexual stimulation of the viewer; or26 (F) Penetration of the vagina or rectum by any object except w hen done as part of a27 recognized medical or nursing procedure."28 SECTION 2.29 Article 2 of Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to the30 Sexual Offender Risk Review Board, is amended in Code Section 4 2-1-12, relating to the31 State Sexual Offender Registry, by adding a new subparagraph to paragraph (10) of32 subsection (a) to read as follows:33 "(B.5) 'Dangerous sexual offense' with respect to convictions occurring after June 30,34 2026, means any criminal offense, or the attempt to commit any criminal offense, under35 Title 16 as specified in this subparagraph or any offense under federal law or the laws36 of another state or territory of the United States which consists of the same or similar37 elements of the following offenses:38 (i) Aggravated assault with the intent to rape in violation of Code Section 16-5-21;39 (ii) Kidnapping in violation of Code Section 16-5-40 which involves a victim who40 is less than 14 years of age, except by a parent;41 - 2 - 26 LC 49 2841S (iii) Trafficking an individual for sexual servitude in violat ion of Code Section42 16-5-46;43 (iv) Rape in violation of Code Section 16-6-1;44 (v) Sodomy in violation of Code Section 16-6-2;45 (vi) Aggravated sodomy in violation of Code Section 16-6-2;46 (vii) Statutory rape in violation of Code Section 16-6-3, if the individual convicted47 of the offense is 21 years of age or older;48 (viii) Child molestation in violation of Code Section 16-6-4;49 (ix) Aggravated child molestation in violation of Code Section 16-6-4;50 (x) Enticing a child for indecent purposes in violation of Code Section 16-6-5;51 (xi) Improper sexual contact by employee or agent in the first or second degree or52 improper sexual contact by person in a position of trust in the first or second degree53 in violation of Code Section 16-6-5.1, unless the punishment imposed was not subject54 to Code Section 17-10-6.2;55 (xii) Incest in violation of Code Section 16-6-22;56 (xiii) A second or subsequent conviction for sexual battery in violation of Code57 Section 16-6-22.1;58 (xiv) Aggravated sexual battery in violation of Code Section 16-6-22.2;59 (xv) Sexual exploitation of children in violation of Code Section 16-12-100;60 (xvi) Computer pornography and child exploitation in violation of Code Section61 16-12-100.2;62 (xvii) A second or subsequent conviction for obscene telephone contact in violation63 of Code Section 16-12-100.3;64 (xviii) Any conduct which, by its nature, is a felony sexual offense against a victim65 who is a minor or an attempt to commit a felony sexual offense against a victim who66 is a minor; or67 - 3 - 26 LC 49 2841S (xix) Willfully inflicting sexual abuse upon a disabled adult, elder person, or resident68 in violation of Code Section 16-5-102."69 SECTION 3.70 Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended71 by adding a new Code section to read as follows:72 "50-18-79.73 (a) If any claim of an unlawful employment practice made against the General Assembly,74 the House of Representatives, the Senate, or any member, office , or employee thereof,75 including, but not limited to, a claim of sexual harassment, di scriminatory harassment,76 discrimination, or retaliation, is resolved in whole or in part by a settlement agreement, a77 memorandum of agreement or understanding, or other similar docu ment, however78 denominated, such agreement shall be subject to public disclosu re with the claimant's79 identity redacted. For purposes of this subsection exclusively, the General Assembly shall80 be an agency. This subsection shall be applied retroactively.81 (b) Except as provided for in subsection (a) of this Code sect ion, nothing in this Code82 section shall be construed or applied so as to subject the Gene ral Assembly to the83 provisions of Code Sections 50-18-70 through 50-18-78 or Chapter 14 of this title."84 SECTION 4.85 This Act shall become effective upon its approval by the Governor or upon its becoming law86 without such approval.87 SECTION 5.88 All laws and parts of laws in conflict with this Act are repealed.89 - 4 -