Bill Text: GA HB897 | 2009-2010 | Regular Session | Comm Sub
Bill Title: Sexual offenses; assault against persons in custody; change certain provisions
Spectrum: Moderate Partisan Bill (Republican 5-1)
Status: (Introduced - Dead) 2010-03-22 - House Committee Favorably Reported [HB897 Detail]
Download: Georgia-2009-HB897-Comm_Sub.html
10 LC 29
4281S
The
House Committee on Judiciary Non-civil offers the following substitute to HB
897:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating
to sexual offenses, so as to change certain provisions relating to sexual
assault against persons in custody, certain patients, and other persons subject
to the authority of a supervisor or disciplinary person; to remove a consent
defense to sexual assault on certain persons; to reorganize the Code section; to
provide for a definition; to provide for misdemeanor punishment under certain
circumstances; to provide for related matters; to provide for an effective date;
to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual
offenses, is amended by revising Code Section 16-6-5.1, relating to sexual
assault against persons in custody, as follows:
"16-6-5.1.
(a)
As used in this Code section, the term:
(1)
'Actor' means a person accused of sexual assault.
(2)
'Intimate parts' means the genital area, groin, inner thighs, buttocks, or
breasts of a person.
(3)
'Psychotherapy' means the professional treatment or counseling of a mental or
emotional illness, symptom, or condition.
(4)
'Sexual contact' means any contact between the actor and a person not married to
the actor involving the intimate parts of either person for the purpose of
sexual gratification of the actor.
(5)
'School' means any educational program or institution instructing children at
any level, pre-kindergarten through twelfth grade, or the equivalent thereof if
grade divisions are not used.
(b)
A probation
or parole officer or other custodian or supervisor of another person referred to
in this Code section commits sexual assault when he or she engages in sexual
contact with another person who is a probationer or parolee under the
supervision of said probation or parole officer or who is in the custody of law
or who is enrolled in a school or who is detained in or is a patient in a
hospital or other institution and such actor has supervisory or disciplinary
authority over such other person. A person convicted of sexual assault shall be
punished by imprisonment for not less than ten nor more than 30 years; provided,
however, that any person convicted of the offense of sexual assault under this
subsection of a child under the age of 14 years shall be punished by
imprisonment for not less than 25 nor more than 50 years. Any person convicted
under this subsection of the offense of sexual assault shall, in addition, be
subject to the sentencing and punishment provisions of Code Section
17-10-6.2.
(c)(1)
A person commits sexual assault when such person has supervisory or disciplinary
authority over another person and such person engages in sexual contact with
that other person who is:
(A)
In the custody of law; or
(B)
Detained in or is a patient in a hospital or other institution.
(2)
A person commits sexual assault when, as an actual or purported practitioner of
psychotherapy, he or she engages in sexual contact with another person who the
actor knew or should have known is the subject of the actor's actual or
purported treatment or counseling, or, if the treatment or counseling
relationship was used to facilitate sexual contact between the actor and said
person.
(3)
Consent of the victim shall not be a defense to a prosecution under this
subsection.
(4)
A person convicted of sexual assault under this subsection shall be punished by
imprisonment for not less than ten nor more than 30 years; provided, however,
that any person convicted of the offense of sexual assault under this subsection
of a child under the age of 14 years shall be punished by imprisonment for not
less than 25 nor more than 50 years. Any person convicted under this subsection
of the offense of sexual assault shall, in addition, be subject to the
sentencing and punishment provisions of Code Section 17-10-6.2.
(d)
A person who is an employee, agent, or volunteer at any facility licensed or
required to be licensed under Code Section 31-7-3, relating to long-term care
facilities, or Code Section 31-7-12, relating to personal care homes, or who is
required to be licensed pursuant to Code Section 31-7-151 or 31-7-173, relating
to home health care and hospices, commits sexual assault when such person
engages in sexual contact with another person who has been admitted to or is
receiving services from such facility, person, or entity. A person convicted of
sexual assault pursuant to this subsection shall be punished by imprisonment for
not less than ten nor more than 30 years, or a fine of not more than $5,000.00,
or both. Any violation of this subsection shall constitute a separate offense.
Any person convicted under this subsection of the offense of sexual assault
shall, in addition, be subject to the sentencing and punishment provisions of
Code Section 17-10-6.2.
A
person who has supervisory or disciplinary authority over another individual
commits sexual assault when that person:
(1)
Is a teacher, principal, assistant principal, or other administrator of any
school and engages in sexual contact with such other individual who the actor
knew or should have known is enrolled at the same school;
(2)
Is an employee or agent of any probation or parole office and engages in sexual
contact with such other individual who the actor knew or should have known is a
probationer or parolee under the supervision of the same probation or parole
office;
(3)
Is an employee or agent of a law enforcement agency and engages in sexual
contact with such other individual who the actor knew or should have known is
being detained by or is in the custody of any law enforcement
agency;
(4)
Is an employee or agent of a hospital and engages in sexual contact with such
other individual who the actor knew or should have known is a patient or is
being detained in the same hospital; or
(5)
Is an employee or agent of a correctional facility, juvenile detention facility,
facility providing services to a person with a disability, as such term is
defined in Code Section 37-1-1, or a facility providing child welfare and youth
services, as such term is defined in Code Section 49-5-3, who engages in sexual
contact with such other individual who the actor knew or should have known is in
the custody of such facility.
(c)
A person who is an actual or purported practitioner of psychotherapy commits
sexual assault when he or she engages in sexual contact with another individual
who the actor knew or should have known is the subject of the actor's actual or
purported treatment or counseling or the actor uses the treatment or counseling
relationship to facilitate sexual contact between the actor and such
individual.
(d)
A person who is an employee, agent, or volunteer at any facility licensed or
required to be licensed under Code Section 31-7-3 or 31-7-12 or who is required
to be licensed pursuant to Code Section 31-7-151 or 31-7-173 commits sexual
assault when he or she engages in sexual contact with another individual who the
actor knew or should have known had been admitted to or is receiving services
from such facility or the actor.
(e)
Consent of the victim shall not be a defense to a prosecution under this Code
section.
(f)
A person convicted of sexual assault shall be punished by imprisonment for not
less than one nor more than 25 years or by a fine, or both; provided, however,
that:
(1)
Except as provided in paragraph (2) of this subsection, any person convicted of
the offense of sexual assault of a child under the age of 16 years shall be
punished by imprisonment for not less than 25 nor more than 50 years and shall,
in addition, be subject to the sentencing and punishment provisions of Code
Section 17-10-6.2; and
(2)
If at the time of the offense the victim of the offense is at least 14 years of
age but less than 16 years of age and the actor is 18 years of age or younger
and is no more than four years older than the victim, such person shall be
guilty of a misdemeanor and shall not be subject to the sentencing and
punishment provisions of Code Section
17-10-6.2."
SECTION
2.
This
act shall become effective upon its approval by the governor or upon its
becoming law without such approval.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.