SB592: SB592 "One Strike Act"; enact

26 LC 62 0434 Senate Bill 592 By: Senators Gooch of the 51st, Anavitarte of the 31st, Summers of the 13th, Echols of the 49th, Hatchett of the 50th and others A BILL TO BE ENTITLED AN ACT To amend Chapters 5 and 6 of Title 16 and Chapter 10 of Title 1 7 of the Official Code of1 Georgia Annotated, relating to crimes against the person, sexual offenses, and sentence and2 punishment, respectively, so as to provide for increased punishments for certain offenses; to3 provide for certain punishment for offenders who have been convicted of the offense of rape,4 sexual battery, or aggravated sexual battery of a person under 12 years of age; to designate5 certain offenses as serious violent felonies; to remove probati on eligibility for certain6 offenses committed while serving a sentence; to prohibit probation for certain offenses; to7 prohibit early termination of probation for certain offenses; t o provide for a short title; to8 provide for legislative findings; to provide for related matters; to provide for an effective date9 and applicability; to repeal conflicting laws; and for other purposes.10 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:11 SECTION 1.12 This Act shall be known and may be cited as the "One Strike Act."13 SECTION 2.14 The General Assembly finds that:15 S. B. 592 - 1 - 26 LC 62 0434 (1) The safety of Georgia families is paramount and violent predators who commit a single16 act of serious violence pose an unacceptable risk to public safety;17 (2) While Georgia's 2011–2018 criminal justice reforms successfully reduced recidivism18 and incarceration costs for nonviolent offenders, recent nation al spikes in violent crime19 demonstrate the need for targeted, zero tolerance penalties for serious violent felonies and20 the most egregious sexual offenses against children;21 (3) States such as Florida, Louisiana, and Kentucky have implemented similar enhanced22 penalties with documented reductions in violent crime; and23 (4) This Act preserves rehabilitation opportunities for nonviolent offenders while ensuring24 that one violent act can permanently remove a predator from this state's communities when25 warranted.26 SECTION 3.27 Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to crimes against28 the person, is amended by revising Code Section 16-5-21, relating to aggravated assault, as29 follows:30 "16-5-21.31 (a) A person commits the offense of aggravated assault when he or she assaults:32 (1) With intent to murder, to rape, or to rob;33 (2) With a deadly weapon or with any object, device, or instru ment which, when used34 offensively against a person, is likely to or actually does result in serious bodily injury; 35 (3) With any object, device, or instrument which, when used of fensively against a36 person, is likely to or actually does result in strangulation; or37 (4) Without legal justification by discharging a firearm from within a motor vehicle or38 after immediately exiting a vehicle toward a person, an occupie d motor vehicle, or39 occupied building.40 S. B. 592 - 2 - 26 LC 62 0434 (b) Except as provided in subsections (c) through (m) of this Code section, a person41 convicted of the offense of aggravated assault shall be punished by imprisonment for not42 less than one nor more than 20 years three years and not exceeding imprisonment for life43 without parole or imprisonment for life.44 (c)(1) A person who knowingly commits the offense of aggravated assault upon a public45 safety officer while he or she is engaged in, or on account of the performance of, his or46 her official duties shall, upon conviction thereof, be punished as follows:47 (A) When such assault occurs by the discharge of a firearm by a person who is at48 least 17 years of age, such person shall be punished by imprisonment for not less than49 ten nor more than 20 years and not exceeding imprisonment for life without parole or50 imprisonment for life and shall be sentenced to a mandatory minimum term of51 imprisonment of ten 20 years and no portion of the mandatory minimum sentence52 imposed shall be suspended, stayed, probated, deferred, or withheld by the sentencing53 court; provided, however, that in the court's discretion, the court may depart from such54 mandatory minimum sentence when the prosecuting attorney and de fendant have55 agreed to a sentence that is below such mandatory minimum;56 (B) When such assault does not involve the discharge of a firearm by a person who is57 at least 17 years of age, and does not involve only the use of the person's body, such58 person shall be punished by imprisonment for not less than five nor more than 20 years59 ten years and not exceeding imprisonment for life without parole or imprisonment for60 life and, for persons who are at least 17 years of age, shall be sentenced to a mandatory61 minimum term of imprisonment of three ten years and no portion of the mandatory62 minimum sentence imposed shall be suspended, stayed, probated, deferred, or withheld63 by the sentencing court; provided, however, that in the court's discretion, the court may64 depart from such mandatory minimum sentence when the prosecutin g attorney and65 defendant have agreed to a sentence that is below such mandatory minimum; or66 S. B. 592 - 3 - 26 LC 62 0434 (C) When such assault occurs only involving the use of the per son's body, by67 imprisonment for not less than five nor more than 20 years ten years and not exceeding68 imprisonment for life without parole or imprisonment for life.69 (2) A person convicted under this subsection shall be punished, in addition to any term70 of imprisonment imposed, by a fine as provided by law which shall be at least $2,000.00. 71 With respect to $2,000.00 of the fine imposed, after distributi ng the surcharges and72 deductions required by Chapter 21 of Title 15, Code Sections 36-15-9 and 42-8-34, and73 Title 47, it shall be earmarked for the Georgia State Indemnification Fund for purposes74 of payment of indemnification for death or disability as provided for in Part 1 of Article 575 of Chapter 9 of Title 45.76 (3) As used in this subsection, the term 'firearm' means any handgun, rifle, shotgun, or77 similar device or weapon which will or can be converted to expe l a projectile by the78 action of an explosive or electrical charge.79 (d) Any person who commits the offense of aggravated assault against a person who is 6580 years of age or older shall, upon conviction thereof, be punished by imprisonment for not81 less than three nor more than 20 years five years and not exceeding imprisonment for life82 without parole or imprisonment for life.83 (e) Any person who commits the offense of aggravated assault in a public transit vehicle84 or station shall, upon conviction thereof, be punished by impri sonment for not less than85 three nor more than 20 years five years and not exceeding imprisonment for life without86 parole or imprisonment for life.87 (f) Any person who commits the offense of aggravated assault upon a person in the course88 of violating Code Section 16-8-2 where the property that was the subject of the theft was89 a vehicle engaged in commercial transportation of cargo or any appurtenance thereto,90 including without limitation any such trailer, semitrailer, con tainer, or other associated91 equipment, or the cargo being transported therein or thereon, s hall upon conviction be92 punished by imprisonment for not less than five nor more than 2 0 years, a fine ten years93 S. B. 592 - 4 - 26 LC 62 0434 and not exceeding imprisonment for life without parole or imprisonment for life, a fine of94 not less than $50,000.00 nor more than $200,000.00, or both such fine and imprisonment. 95 For purposes of this subsection, the term 'vehicle' includes without limitation any railcar.96 (g) Except as provided in subsection (c) of this Code section, a person convicted of an97 offense described in paragraph (4) of subsection (a) of this Code section shall be punished98 by imprisonment for not less than five nor more than 20 years ten years and not exceeding99 imprisonment for life without parole or imprisonment for life.100 (h) Any person who commits the offense of aggravated assault i nvolving the use of a101 firearm upon a student or teacher or other school personnel within a school safety zone as102 defined in Code Section 16-11-127.1 shall, upon conviction ther eof, be punished by103 imprisonment for not less than five nor more than 20 years ten years and not exceeding104 imprisonment for life without parole or imprisonment for life.105 (i) If the offense of aggravated assault is committed between past or present spouses,106 persons who are parents of the same child, parents and children , stepparents and107 stepchildren, foster parents and foster children, or other persons excluding siblings living108 or formerly living in the same household, the defendant shall be punished by imprisonment109 for not less than three nor more than 20 years five years and not exceeding imprisonment110 for life without parole or imprisonment for life.111 (j)(1) Any person who commits the offense of aggravated assaul t with intent to rape112 against a child under the age of 14 years shall be punished by imprisonment for not less113 than 25 nor more than 50 years and not exceeding imprisonment for life without parole114 or imprisonment for life.115 (2)(A) As used in this paragraph, the term 'sexual felony' sha ll mean a felony116 conviction of:117 (i) Aggravated assault with the intent to rape in violation of subsection (a) of this118 Code section;119 S. B. 592 - 5 - 26 LC 62 0434 (ii) Kidnapping in violation of Code Section 16-5-40 which involves a victim who120 is under 14 years of age, except by a parent;121 (iii) Trafficking an individual for sexual servitude in violat ion of Code122 Section 16-5-46;123 (iv) Rape in violation of Code Section 16-6-1;124 (v) Aggravated sodomy in violation of Code Section 16-6-2;125 (vi) Statutory rape in violation of Code Section 16-6-3, if the individual convicted of126 the offense is 21 years of age or older;127 (vii) Child molestation in violation of Code Section 16-6-4;128 (viii) Aggravated child molestation in violation of Code Section 16-6-4;129 (ix) Enticing a child for indecent purposes in violation of Code Section 16-6-5;130 (x) Improper sexual contact by employee or agent in the first or second degree or131 improper sexual contact by a foster parent in the first or second degree in violation of132 Code Section 16-6-5.1, unless the punishment imposed was not su bject to Code133 Section 17-10-6.2;134 (xi) Incest in violation of Code Section 16-6-22;135 (xii) Aggravated sexual battery in violation of Code Section 16-6-22.2; or136 (xiii) Sexual exploitation of children in violation of Code Section 16-12-100.137 (B) Any person having been previously convicted of a sexual felony who is convicted138 of the offense of aggravated assault with the intent to rape sh all be punished by139 imprisonment for life or a split sentence that is a term of imp risonment followed by140 probation for life. As a condition of probation, the court shall impose the requirement141 of electronic monitoring as set forth in paragraph (14) of subs ection (a) of Code142 Section 42-8-35. Any person convicted under this paragraph sha ll, in addition, be143 subject to the sentencing and punishment provisions of Code Section 17-10-6.2.144 (k) A person who knowingly commits the offense of aggravated a ssault upon an officer145 of the court while such officer is engaged in, or on account of the performance of, his or146 S. B. 592 - 6 - 26 LC 62 0434 her official duties shall, upon conviction thereof, be punished by imprisonment for not less147 than five nor more than 20 years and not exceeding imprisonment for life without parole148 or imprisonment for life.149 (l) A person who commits the offense of aggravated assault upo n an emergency health150 worker or healthcare worker while such worker is on a hospital campus, as such term is151 defined in Code Section 31-54-1, to perform official duties shall, upon conviction thereof,152 be punished by imprisonment for not less than three nor more than 20 years five years and153 not exceeding imprisonment for life without parole or imprisonment for life.154 (m) Any person who commits the offense of aggravated assault upon a utility worker while155 such worker is acting within the course and scope of his or her employment or is156 performing official duties shall, upon conviction thereof, be punished by imprisonment for157 not less than three nor more than 20 years five years and not exceeding imprisonment for158 life without parole or imprisonment for life."159 SECTION 4.160 Said chapter is further amended by revising Code Section 16-5-2 4, relating to aggravated161 battery, as follows:162 "16-5-24.163 (a) A person commits the offense of aggravated battery when he or she maliciously causes164 bodily harm to another by depriving him or her of a member of h is or her body, by165 rendering a member of his or her body useless, or by seriously disfiguring his or her body166 or a member thereof.167 (b) Except as provided in subsections (c) through (i) of this Code section, a person168 convicted of the offense of aggravated battery shall be punished by imprisonment for not169 less than one nor more than 20 years three years and not exceeding imprisonment for life170 without parole or imprisonment for life.171 S. B. 592 - 7 - 26 LC 62 0434 (c)(1) A person who knowingly commits the offense of aggravated battery upon a public172 safety officer while the public safety officer is engaged in, o r on account of the173 performance of, his or her official duties shall, upon conviction thereof, be punished by174 imprisonment for not less than ten nor more than 20 years and not exceeding175 imprisonment for life without parole or imprisonment for life ; provided, however, that176 for persons who are at least 17 years of age, a mandatory minimum term of imprisonment177 of three years shall be imposed and no portion of the mandatory minimum sentence shall178 be suspended, stayed, probated, deferred, or otherwise withheld by the sentencing court;179 provided, however, that in the court's discretion, the court ma y depart from such180 mandatory minimum sentence when the prosecuting attorney and defendant have agreed181 to a sentence that is below such mandatory minimum.182 (2) A person convicted under this subsection shall be punished, in addition to any term183 of imprisonment imposed, by a fine as provided by law which shall be at least $2,000.00. 184 With respect to $2,000.00 of the fine imposed, after distributi ng the surcharges and185 deductions required by Chapter 21 of Title 15, Code Sections 36-15-9 and 42-8-34, and186 Title 47, it shall be earmarked for the Georgia State Indemnification Fund for purposes187 of payment of indemnification for death or disability as provided for in Part 1 of Article 5188 of Chapter 9 of Title 45.189 (d) Any person who commits the offense of aggravated battery against a person who is 65190 years of age or older shall, upon conviction thereof, be punished by imprisonment for not191 less than five nor more than 20 years ten years and not exceeding imprisonment for life192 without parole or imprisonment for life.193 (e) Any person who commits the offense of aggravated battery in a public transit vehicle194 or station shall, upon conviction thereof, be punished by impri sonment for not less than195 five nor more than 20 years ten years and not exceeding imprisonment for life without196 parole or imprisonment for life.197 S. B. 592 - 8 - 26 LC 62 0434 (f) Any person who commits the offense of aggravated battery upon a student or teacher198 or other school personnel within a school safety zone as define d in Code199 Section 16-11-127.1 shall, upon conviction thereof, be punished by imprisonment for not200 less than five nor more than 20 years ten years and not exceeding imprisonment for life201 without parole or imprisonment for life.202 (g) If the offense of aggravated battery is committed between past or present spouses,203 persons who are parents of the same child, parents and children , stepparents and204 stepchildren, foster parents and foster children, or other persons excluding siblings living205 or formerly living in the same household, the defendant shall be punished by imprisonment206 for not less than three nor more than 20 years five years and not exceeding imprisonment207 for life without parole or imprisonment for life.208 (h) A person who commits the offense of aggravated battery upo n an emergency health209 worker or healthcare worker while such worker is on a hospital campus, as such term is210 defined in Code Section 31-54-1, to perform official duties shall, upon conviction thereof,211 be punished by imprisonment for not less than three nor more than 20 years five years and212 not exceeding imprisonment for life without parole or imprisonment for life.213 (i) Any person who commits the offense of aggravated battery upon a utility worker while214 such worker is acting within the course and scope of his or her employment or is215 performing official duties at the time of the offense shall, up on conviction thereof, be216 punished by imprisonment for not less than three nor more than 20 years five years and not217 exceeding imprisonment for life without parole or imprisonment for life."218 SECTION 5.219 Said chapter is further amended by revising paragraph (1) of su bsection (d) of Code220 Section 16-5-40, relating to kidnapping, as follows:221 S. B. 592 - 9 - 26 LC 62 0434 "(1) Imprisonment for not less than ten nor more than 20 years and not exceeding222 imprisonment for life without parole or imprisonment for life if the kidnapping involved223 a victim who was 14 years of age or older;"224 SECTION 6.225 Chapter 6 of said title, relating to sexual offenses, is amended by adding a new subsection226 to Code Section 16-6-1, relating to rape, to read as follows:227 "(e) A person convicted of the offense of rape when the victim was under 12 years of age228 and the defendant was 18 years of age or older at the time of the offense shall be guilty of229 a felony and shall be punished by imprisonment for life without parole or by imprisonment230 for life."231 SECTION 7.232 Said chapter is further amended by adding a new subsection to C ode Section 16-6-22.1,233 relating to sexual battery and consent, to read as follows:234 "(e.1) A person convicted of the offense of sexual battery when the victim was under 12235 years of age and the defendant was 18 years of age or older at the time of the offense shall236 be guilty of a felony and shall be punished by imprisonment for life without parole or by237 imprisonment for life."238 SECTION 8.239 Said chapter is further amended by adding a new subsection to C ode Section 16-6-22.2,240 relating to aggravated sexual battery and consent, to read as follows:241 "(d.1) A person convicted of the offense of aggravated sexual battery when the victim was242 under 12 years of age and the defendant was 18 years of age or older at the time of the243 offense shall be guilty of a felony and shall be punished by imprisonment for life without244 parole or by imprisonment for life."245 S. B. 592 - 10 - 26 LC 62 0434 SECTION 9.246 Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to sentence and247 punishment, is amended by revising subsection (a) of Code Secti on 17-10-6.1, relating to248 punishment for serious violent o ffenders and authorization for reduction in mandatory249 minimum sentencing, as follows:250 "(a) As used in this Code section, the term 'serious violent felony' means:251 (1) Murder or felony murder, as defined in Code Section 16-5-1;252 (2) Armed robbery, as defined in Code Section 16-8-41;253 (3) Kidnapping, as defined in Code Section 16-5-40;254 (4) Rape, as defined in Code Section 16-6-1;255 (5) Aggravated child molestation, as defined in subsection (c) of Code Section 16-6-4,256 unless subject to the provisions of paragraph (2) of subsection (d) of Code257 Section 16-6-4;258 (6) Aggravated sodomy, as defined in Code Section 16-6-2; or259 (7) Sexual battery, as defined in Code Section 16-6-22.1;260 (7)(8) Aggravated sexual battery, as defined in Code Section 16-6-22.2;261 (9) Aggravated assault, as defined in Code Section 16-5-21;262 (10) Aggravated battery, as defined in Code Section 16-5-24;263 (11) Home invasion in the first degree, as defined in Code Section 16-7-5; or264 (12) Any felony involving the use or possession of a firearm during the commission of265 the offense."266 SECTION 10.267 Said chapter is further amended by adding a new Code section to read as follows:268 S. B. 592 - 11 - 26 LC 62 0434 "17-10-6.4.269 (a) Any offender currently serving a sentence shall have eligi bility for parole removed270 from his or her current sentence or, if serving consecutive sen tences, next sentence if he271 or she committed any of the following offenses:272 (1) Murder or felony murder, as defined in Code Section 16-5-1;273 (2) Simple assault or aggravated assault, as defined in Code S ections 16-5-20 and274 16-5-21, respectively;275 (3) Rape, as defined in Code Section 16-6-1; or276 (4) Distribution of controlled substances, as defined in Code Section 16-13-30.277 (b) Any offender currently serving a sentence shall have eligi bility for parole removed278 from his or her current sentence or, if serving consecutive sen tences, next sentence if he279 or she participated in, managed, or was in some way part of an organization whose primary280 purpose involved the trafficking of controlled substances in vi olation of Code Section281 16-13-31.282 (c) There shall be no parole for validated gang members or offenders who commit gang283 related crimes pursuant to Code Section 16-15-4.284 (d) No offender who has committed a serious violent felony, as defined in Code285 Section 17-10-6.1, shall be eligible for early termination of p robation regardless of286 condition satisfaction.287 (e) No offender who has committed a serious violent felony, as defined in Code288 Section 17-10-6.1, shall utilize a probation reporting contact center or other similar center289 to report to probation officers."290 SECTION 11.291 This Act shall become effective on July 1, 2026, and shall apply to all offenses committed292 on or after such date.293 S. B. 592 - 12 - 26 LC 62 0434 SECTION 12.294 All laws and parts of laws in conflict with this Act are repealed.295 S. B. 592 - 13 -