42-1-13. Sexual Offender Risk Review Board; composition; appointment; administration and duties; immunity from liability.

Code 1981, § 42-1-13, enacted by Ga. L. 2006, p. 379, § 24/HB 1059; Ga. L. 2009, p. 453, §§ 3-2, 3-3/HB 228; Ga. L. 2012, p. 985, § 2/HB 895; Ga. L. 2021, p. 417, § 3/HB 495; Ga. L. 2023, p. 637, § 6-2/HB 188, effective May 4, 2023. The 2021 amendment, effective July 1, 2021, in paragraph (b)(3), inserted a comma following “including” and “but not limited to”; and substituted the present provisions of subsection (c) for the former provisions, which read: “Any investigator who, as of June 30, 2012, was employed by the board shall be transferred to the Georgia Bureau of Investigation on July 1, 2012, and shall no longer be under the administration or supervision of the board, except as required to provide the board with information as set forth in paragraph (15) of subsection (a) of Code Section 35-3-4. The executive director of the board shall arrange administratively for the transfer of any equipment relating to the transfer of such personnel.” The 2023 amendment, effective May 4, 2023, substituted “Sexual Offender Risk Review Board” for “Sexual Offender Registration Review Board” at the beginning of the first sentence of subsection (a). See Editor’s notes for applicability.

Ga. L. 2006, p. 379, § 24/HB 1059, July 1, 2006, repealed the former Code section and enacted the current Code section. The former Code section, pertaining to registered sex offenders residing within areas in which minors congregate, was based on Code 1981, § 42-1-13, enacted by Ga. L. 2003, p. 878, § 1. For present similar provisions, see Code Section 42-1-15. Ga. L. 2006, p. 379, § 30/HB 1059, not codified by the General Assembly, provides, in part, that: “(b) Any person required to register pursuant to the provisions of Code Section 42-1-12, relating to the state sexual offender registry, and any person required not to reside within areas where minors congregate, as prohibited by Code Section 42-1-13, shall not be relieved of the obligation to comply with the provisions of said Code sections by the repeal and reenactment of said Code sections. “(c) The provisions of this Act shall not affect or abate the status as a crime of any such act or omission which occurred prior to the effective date of the Act repealing, repealing and reenacting, or amending such law, nor shall the prosecution of such crime be abated as a result of such repeal, repeal and reenactment, or amendment.” Ga. L. 2023, p. 637, § 1-1/HB 188, not codified by the General Assembly, provides: “This Act shall be known and may be cited as ‘Mariam’s Law.’” Ga. L. 2023, p. 637, § 7-1/HB 188, not codified by the General Assembly, provides, in part, that “the punishment provisions of this Act shall apply to all offenses committed on and after July 1, 2023.”

The Georgia Sexually Violent Offender Registry, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Crime Information Center Council, Practice and Procedure, Chapter 140-2. Risk Assessment and Classification, Official Compilation of the Rules and Regulations of the State of Georgia, Rules of Sexual Offender Registration Review Board, Sexual Offender Registration Review Board, Chapter 594-1.

For article on 2006 amendment of this Code section, see 23 Ga. St. U. L. Rev. 11 (2006). For note, “Banishing Acts: How Far May States Go to Keep Convicted Sex Offenders Away from Children?,” see 40 Ga. L. Rev. 961 (2006). For annual survey on administrative law, see 64 Mercer L. Rev. 39 (2012).