HB1282: HB1282 Criminal procedure; offenses involving a victim under 16 years of age; include offense of aggravated sexual battery

26 LC 48 1731 House Bill 1282 By: Representatives Smith of the 18th, Gunter of the 8th, Hong of the 103rd, Scoggins of the 14th, and Sainz of the 180th A BILL TO BE ENTITLED AN ACT To amend Code Section 17-3-2.1 of the Official Code of Georgia Annotated, relating to1 exclusions for certain offenses involving a victim under 16 years of age, so as to include the2 offense of aggravated sexual battery; to provide for related ma tters; to repeal conflicting3 laws; and for other purposes.4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:5 SECTION 1.6 Code Section 17-3-2.1 of the Official Code of Georgia Annotated, relating to exclusions for7 certain offenses involving a victim under 16 years of age, is amended by revising said Code8 section as follows:9 "17-3-2.1.10 (a) For crimes committed during the period beginning on July 1 , 1992, and ending on11 June 30, 2012, if the victim of a violation of:12 (1) Cruelty to children, as defined in Code Section 16-5-70;13 (2) Rape, as defined in Code Section 16-6-1;14 (3) Sodomy or aggravated sodomy, as defined in Code Section 16-6-2;15 (4) Statutory rape, as defined in Code Section 16-6-3;16 H. B. 1282 - 1 - 26 LC 48 1731 (5) Child molestation or aggravated child molestation, as defi ned in Code Section17 16-6-4;18 (6) Enticing a child for indecent purposes, as defined in Code Section 16-6-5; or19 (7) Incest, as defined in Code Section 16-6-22,; or20 (8) Aggravated sexual battery, as defined in Code Section 16-6-22.2,21 is under 16 years of age on the date of the violation, the appl icable period within which a22 prosecution shall be commenced under Code Section 17-3-1 or other applicable statute shall23 not begin to run until the victim has reached the age of 16 or the violation is reported to a law24 enforcement agency, prosecuting attorney, or other governmental agency, whichever occurs25 earlier. Such law enforcement agency or other governmental agency shall promptly report26 such allegation to the appropriate prosecuting attorney.27 (b) For crimes committed on and after July 1, 2012, if the victim of a violation of:28 (1) Trafficking a person for sexual servitude, as defined in Code Section 16-5-46;29 (2) Cruelty to children in the first degree, as defined in Code Section 16-5-70;30 (3) Rape, as defined in Code Section 16-6-1;31 (4) Aggravated sodomy, as defined in Code Section 16-6-2;32 (5) Child molestation or aggravated child molestation, as defi ned in Code Section33 16-6-4;34 (6) Enticing a child for indecent purposes, as defined in Code Section 16-6-5; or35 (7) Incest, as defined in Code Section 16-6-22, ; or36 (8) Aggravated sexual battery, as defined in Code Section 16-6-22.2,37 is under 16 years of age on the date of the violation and the v iolation is not subject to38 punishment as provided in paragraph (2) of subsection (b) of Co de Section 16-6-4,39 paragraph (2) of subsection (d) of Code Section 16-6-4, or subsection (c) of Code Section40 16-6-5, a prosecution may be commenced at any time."41 H. B. 1282 - 2 - 26 LC 48 1731 SECTION 2.42 All laws and parts of laws in conflict with this Act are repealed.43 H. B. 1282 - 3 -