SB587: SB587 Offenses Against Public Health and Morals; the establishment of an animal cruelty database; provide

26 LC 60 0368S Senate Bill 587 By: Senators Still of the 48th, Dickerson of the 21st, Summers of the 13th, Albers of the 56th, Hufstetler of the 52nd and others AS PASSED A BILL TO BE ENTITLED AN ACT To amend Chapters 5 and 12 of Title 16 of the Official Code of Georgia Annotated, relating1 to crimes against the person and offenses against public health and morals, so as to provide2 for a court order to locate an alleged victim of child or elder abuse; to provide for the3 establishment of an animal cruelty database; to provide for purpose and funding; to require4 clerks of court to transmit certain conviction and sentencing information to the Prosecuting5 Attorneys' Council of the State of Georgia; to require the Prosecuting Attorneys' Council of6 the State of Georgia to create, administer, and maintain such d atabase; to provide for7 minimum requirements; to provide for reporting and forms; to provide for related matters;8 to repeal conflicting laws; and for other purposes.9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:10 SECTION 1.11 Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to crimes against12 the person, is amended by adding a new subsection to Code Secti on 16-5-70, relating to13 cruelty to children, to read as follows: 14 "(f) Where there is an open investigation relating to an alleged offense in violation of this15 Code section, and the child is moved from a known address to an unknown location, the16 S. B. 587 - 1 - 26 LC 60 0368S superior court for the county of the known address may grant an order to locate the parent17 or guardian of record upon a showing by a law enforcement official an inquiry regarding18 the welfare and safety of the child is necessary to complete such investigation."19 SECTION 2.20 Said chapter is further amended by adding a new subsection to C ode Section 16-5-102,21 relating to exploitation and intimidation of disabled adults, elder persons, and residents, and22 obstruction of investigation, to read as follows:23 "(d) Where there is an open investigation relating to an alleged offense in violation of this24 Code section, and the disabled adult, elder person, or resident is moved from a known25 address to an unknown location, the superior court for the coun ty of the known address26 may grant an order to locate the guardian of record upon a showing by a law enforcement27 official an inquiry regarding the welfare and safety of the disabled adult, elder person, or28 resident is necessary to complete such investigation."29 SECTION 3.30 Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against31 public health and morals, is amended in Article 1, relating to general provisions, by adding32 a new subsection to Code Section 16-12-4, relating to cruelty to animals, to read as follows:33 "(i)(1) Subject to appropriations by the General Assembly or other available funding, by34 January 1, 2027, the Prosecuting Attorneys' Council of the State of Georgia shall create,35 administer, and maintain on its website a state-wide, publicly searchable animal cruelty36 database. The primary purpose of such database shall be to assist animal shelters, animal37 protection and control agencies, and other organizations and me mbers of the public38 involved in animal placement determinations in screening prospe ctive owners and39 preventing animals from being placed in dangerous situations. At minimum, such40 database shall:41 S. B. 587 - 2 - 26 LC 60 0368S (A) List the full names of each individual who has been convicted of or entered a plea42 of guilty or nolo contendere to any violation of this Code sect ion or Code Section43 16-6-6, 16-7-21.2, 16-11-107, or 16-12-37;44 (B) Be accessible at no cost; and45 (C) Be updated no less than monthly.46 (2) When a person is convicted of an offense identified in sub paragraph (A) of47 paragraph (1) of this subsection, the clerk of the court shall electronically transmit a copy48 of such conviction and sentence to the Prosecuting Attorneys' C ouncil of the State of49 Georgia within 60 days of entry of such conviction and sentence.50 (3) The Prosecuting Attorneys' Council of the State of Georgia shall be authorized to51 solicit input from state law enforcement and prosecuting attorn eys in determining52 information to be included in the animal cruelty database. All state law enforcement,53 prosecution and corrections agencies, offices, and departments shall cooperate with and54 shall provide in a timely manner any information acquired relat ing to a violation55 described in subparagraph (1)(A) of this subsection to the Prosecuting Attorneys' Council56 of the State of Georgia to be included in the animal cruelty da tabase in a format57 prescribed by such council pursuant to paragraph (3) of this subsection.58 (4) The Prosecuting Attorneys' Council of the State of Georgia shall be authorized to59 create and promulgate a uniform reporting form to be used by st ate law enforcement,60 prosecution and corrections agencies, offices, and departments in reporting information61 for inclusion in the animal cruelty database."62 SECTION 4.63 All laws and parts of laws in conflict with this Act are repealed. 64 S. B. 587 - 3 -