HB 1290: Crimes and offenses; protection of elder persons; sexual abuse; revise definition

Current Georgia law (O.C.G.A. § 16-5-100) defines sexual abuse of an elder person, disabled adult, or resident narrowly, requiring that the abuser be a guardian or someone supervising or in charge of the victim, and that the act involve coercion. This bill rewrites that definition so the abuse no longer has to come from a caregiver; instead it applies whenever the listed sexual conduct happens with an elder person, disabled adult, or resident without their consent. The bill also adds a new category to the list of 'dangerous sexual offenses' tracked by the Sexual Offender Risk Review Board (O.C.G.A. § 42-1-12): willfully inflicting sexual abuse on a disabled adult, elder person, or resident, but only for convictions occurring after June 30, 2026. Finally, the bill adds a new Code section (O.C.G.A. § 50-18-79) requiring that settlement agreements resolving unlawful employment practice claims, including sexual harassment, discrimination, or retaliation claims, against the General Assembly, either chamber, or their members or staff be publicly disclosed with the claimant's identity redacted, applied retroactively. The law would take effect as soon as the Governor signs it.

• Removes the requirement that sexual abuse of an elder person, disabled adult, or resident be committed by a guardian or caregiver, and instead requires the act happen without the victim's consent.
• Adds willfully inflicting sexual abuse on a disabled adult, elder person, or resident to the list of 'dangerous sexual offenses' tracked under the state sexual offender registry law, for convictions after June 30, 2026.
• Creates a new public disclosure requirement for settlement agreements resolving harassment, discrimination, or retaliation claims against the General Assembly or its members and staff, with the claimant's name redacted.
• Applies that disclosure requirement retroactively to settlements already reached.
• States that the General Assembly is otherwise not covered by Georgia's general open records law (O.C.G.A. §§ 50-18-70 through 50-18-78) or the related chapter on records.
• Sets the effective date as the day the Governor signs the bill or it otherwise becomes law without his signature.

Elder persons, disabled adults, and residents of care facilities in Georgia, along with caregivers, guardians, and facility staff who could face abuse charges; people convicted of a range of sex offenses who may now be added to the dangerous offender registry; and members, offices, and employees of the General Assembly involved in harassment or discrimination claims.

Broadening the sexual abuse definition means prosecutors would no longer need to prove the abuser was a caregiver, potentially covering more offenders. Flagging more offenses as 'dangerous sexual offenses' after mid-2026 could subject more people to closer registry oversight. The new disclosure rule would let the public see redacted settlement records from harassment claims against lawmakers and legislative staff.

• Section 1 revises paragraph (9) of subsection (a) of O.C.G.A. § 16-5-100 so sexual abuse of an elder person, disabled adult, or resident is defined by lack of consent rather than by the offender being a guardian or caregiver using coercion.
• Section 2 adds a new subparagraph (B.5) to O.C.G.A. § 42-1-12 defining 'dangerous sexual offense' to include willfully inflicting sexual abuse on a disabled adult, elder person, or resident (O.C.G.A. § 16-5-102), applicable to convictions after June 30, 2026, alongside a long list of other existing sexual offenses.
• Section 3 creates new Code Section 50-18-79, requiring settlement agreements resolving unlawful employment practice claims against the General Assembly, its chambers, or members and employees to be publicly disclosed with the claimant's identity redacted, applied retroactively.
• Section 3 also clarifies that, apart from this disclosure requirement, the General Assembly is not subject to Georgia's general open records statutes.
• Section 4 sets the effective date as the Governor's approval or the date the bill otherwise becomes law without his signature.
• Section 5 repeals any conflicting laws.

1. 2026-03-23Senate Read Second Time (Senado)
2. 2026-03-20Senate Committee Favorably Reported By Substitute (Senado)
3. 2026-03-04Senate Read and Referred (Senado)
4. 2026-03-03House Passed/Adopted (Cámara de Representantes)
5. 2026-03-03House Third Readers (Cámara de Representantes)
6. 2026-02-24House Committee Favorably Reported (Cámara de Representantes)
7. 2026-02-17House Second Readers (Cámara de Representantes)
8. 2026-02-12House First Readers (Cámara de Representantes)

• Scott Hilton (R, HD-048)Patrocinador principal
• Sharon Cooper (R, HD-045)
• John LaHood (R, HD-175)
• Bill Fincher (R, HD-023)
• Timothy Bearden (R, SD-030)

1. AprobadaVotación: Cámara de Representantes3 de marzo de 2026

   167 a favor, 0 en contra (2 sin votar, 8 ausentes)

   Passage: House Vote #596

• elder abuse
• sexual offender registry
• public records
• legislative accountability
• disabled adult protections