HB 1075: Sexual offenses; modify penalty for offenders previously convicted of the offense of trafficking of persons for labor or sexual servitude

Currently, misdemeanor convictions for crimes against persons and sexual offenses under Georgia law (O.C.G.A. Title 16, Chapters 5 and 6) stay misdemeanors no matter how many times someone reoffends. This bill adds a new Code section, O.C.G.A. § 17-10-3.2, that changes that for repeat offenders. Under the bill, if someone is convicted of a fourth or later qualifying misdemeanor within a ten-year window, measured from arrest to arrest, the crime is treated as a felony instead. The punishment is one to ten years in prison, and the first year cannot be suspended, probated, deferred, or withheld. Multiple qualifying misdemeanors from a single date count as only one conviction for this purpose. Prosecutors must list the earlier misdemeanor convictions, their dates, and the jurisdictions where they happened in a separate count of the indictment, and a certified copy of a prior judgment counts as strong evidence of that conviction.

• Creates a new felony charge, O.C.G.A. § 17-10-3.2, for a fourth or later qualifying misdemeanor conviction within ten years.
• Sets the punishment at one to ten years in prison, with the first year required to be actual time served, not suspended or probated.
• Defines qualifying misdemeanors as misdemeanor convictions under Title 16, Chapters 5 or 6 (crimes against persons and sexual offenses), including equivalent out of state or federal convictions.
• Requires that multiple qualifying misdemeanors from a single date be treated as just one prior conviction when counting toward the fourth offense.
• Requires prosecutors to list prior qualifying misdemeanors, their conviction dates, and jurisdictions in a separate count of the indictment.
• Allows a certified copy of a prior judgment to serve as strong evidence, called prima facie evidence, proving that conviction happened.

People repeatedly convicted of misdemeanor crimes against persons or sexual offenses in Georgia or elsewhere, prosecutors who must document prior convictions in indictments, and judges who sentence repeat offenders. Courts and the state's criminal justice system will process these cases differently once a fourth qualifying misdemeanor triggers felony treatment.

Someone who has already been convicted of three qualifying misdemeanors would face a felony and a mandatory year in prison for a fourth, instead of another misdemeanor sentence. This raises the legal stakes for repeat offenders and requires prosecutors to build a documented history of prior convictions before trial.

• Section 1 adds O.C.G.A. § 17-10-3.2, defining 'qualifying misdemeanor' as a misdemeanor under Title 16, Chapters 5 or 6, or an equivalent out of state or federal offense.
• Subsection (b) makes a fourth or subsequent qualifying misdemeanor within ten years a felony punishable by one to ten years, with the first year not suspendable, probated, deferred, or withheld.
• Subsection (c) counts multiple qualifying misdemeanors from a single date as only one conviction for the fourth offense calculation.
• Subsection (d) requires the indictment to include a separate count listing prior qualifying misdemeanors, their conviction dates, and jurisdictions.
• Subsection (e) allows a certified copy of a prior judgment to serve as prima facie evidence of that conviction.
• Section 2 repeals any conflicting laws.

1. 2026-05-12Effective Date 2026-07-01
2. 2026-05-12Act 717
3. 2026-05-12House Date Signed by Governor (Cámara de Representantes)
4. 2026-04-10House Sent to Governor (Cámara de Representantes)
5. 2026-04-02House Agreed Senate Amend or Sub (Cámara de Representantes)
6. 2026-03-31Senate Passed/Adopted By Substitute (Senado)
7. 2026-03-31Senate Third Read (Senado)
8. 2026-03-25Senate Read Second Time (Senado)

• Johnny Chastain (R, HD-007)Patrocinador principal
• Stan Gunter (R, HD-008)
• Tyler Smith (R, HD-018)
• Leesa Hagan (R, HD-156)
• Beth Camp (R, HD-135)
• Joseph Gullett (R, HD-019)
• Timothy Bearden (R, SD-030)

1. AprobadaVotación: Cámara de Representantes26 de febrero de 2026

   166 a favor, 0 en contra (3 sin votar, 8 ausentes)

   Passage: House Vote #580

2. AprobadaVotación: Senado31 de marzo de 2026

   47 a favor, 0 en contra (2 sin votar, 5 ausentes)

   Passage By Substitute: Senate Vote #907

3. AprobadaVotación: Cámara de Representantes2 de abril de 2026

   138 a favor, 32 en contra (2 sin votar, 4 ausentes)

   Agree To Senate Substitute: House Vote #875

• sexual offenses
• criminal sentencing
• repeat offenders
• felony penalties
• Georgia criminal law