Tuesday, January 1, 2008

GA - HB 908 - Certain sexual offenders; residency and employment restrictions; repeal certain provisions

View the article here | Bill Text | Bill PDF

Once again, Jerry Keen comes up with a law which is a load of crap. Notice they always say these laws are restrictive and not punishment... THEN WHY THE HELL IS "PUNISH" IN THE BILLS TEXT??? It's punishment and they know it, therefore it should be UNCONSTITUTIONAL for anyone who committed a sex crime before this law passes.

LC 29 2991

A BILL TO BE ENTITLED
AN ACT

To amend Article 2 of Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to the Sexual Offender Registration Review Board, so as to repeal certain provisions relating to residency and employment restrictions for certain sexual offenders; to provide for restrictions on where sexual offenders and sexually dangerous predators may reside, work, volunteer, or loiter; to provide for a definition; to provide for punishment; to provide for exemptions from certain residency and employment restrictions; to provide for civil causes of action; to provide for applicability; to provide for related matters; to repeal conflicting laws; and for other purposes.
- Why do they always add "and for other purposes" to the end? That leaves it open so they can add anything they like at anytime they want. That should be illegal. The laws need to be clear so you do not need some lawyer to figure it out, and even they cannot figure some of these laws out.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Article 2 of Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to the Sexual Offender Registration Review Board, is amended by repealing in its entirety Code Section 42-1-15, relating to the restrictions on registered offenders residing, working, or loitering within certain areas, the penalties for violations, and civil causes of action.

SECTION 2.
Said article is further amended by adding a new Code section to read as follows:
"42-1-15.
(a) As used in this Code section, the term 'individual' means a person who is required to register pursuant to Code Section 42-1-12.
(b) No individual shall reside within 1,000 feet of any child care facility, church, school, or area where minors congregate. Such distance shall be determined by measuring from the outer boundary of the property on which the individual resides to the outer boundary of the property of the child care facility, church, school, or area where minors congregate at their closest points.
- If I remember right, this is what the law originally was, then they made the measuring from the persons FRONT DOOR to the property line of the church, school, etc. Now he's basically putting the law back to how it was.
(c)(1) No individual shall be employed by or volunteer at any child care facility, school, or church or by or at any business or entity that is located within 1,000 feet of a child care facility, a school, or a church. Such distance shall be determined by measuring from the outer boundary of the property of the location in which such individual actually carries out or performs the functions of his or her job to the outer boundary of the child care facility, school, or church at their closest points.
(2) No individual who is a sexually dangerous predator shall be employed by or volunteer at any business or entity that is located within 1,000 feet of an area where minors congregate. Such distance shall be determined by measuring from the outer boundary of the property of the location in which the sexually dangerous predator actually carries out or performs the functions of his or her job to the outer boundary of the area where minors congregate at their closest points.
(d) Notwithstanding any ordinance or resolution adopted pursuant to Code Section 16-6-24 or subsection (d) of Code Section 16-11-36, it shall be unlawful for any individual required to register pursuant to Code Section 42-1-12 to loiter, as prohibited by Code Section 16-11-36, at any child care facility, school, or area where minors congregate.
(e)(1) If an individual owns real property and resides on such property and a child care facility, church, school, or area where minors congregate thereafter locates itself within 1,000 feet of such property, or if an individual has established employment at a location and a child care facility, church, or school thereafter locates itself within 1,000 feet of such employment, or if a sexual predator has established employment and an area where minors congregate thereafter locates itself within 1,000 feet of such employment, such individual shall not be guilty of a violation of subsection (b) or (c) of this Code section, as applicable, if such individual successfully complies with subsection (f) of this Code section.
- So it applies to home owners (rich folks) only. Renters are still faced with having to move over and over and over again. They are entitled to the same rights and are faced with the same issues as a home owner is, so basically nothing in the law is changing, unless I'm missing something.
(2) An individual owning real property and residing on such property or being employed within 1,000 feet of a prohibited location, as specified in subsection (b) or (c) of this Code section, shall not be guilty of a violation of this Code section if such individual had established such property ownership or employment prior to July 1, 2006, and such individual successfully complies with subsection (f) of this Code section.
(f) If an individual is notified that he or she is in violation of subsection (b) or (c) of this Code section, and if such individual claims that he or she is exempt from such prohibition pursuant to subsection (e) of this Code section, such individual shall provide sufficient proof demonstrating his or her exemption to the sheriff of the county where the individual is registered within ten days of being notified of any such violation. For purposes of providing proof of residence, the individual may provide a driver´s license, government issued identification, or any other documentation evidencing where the individual´s habitation is fixed. For purposes of providing proof of property ownership, the individual shall provide a copy of his or her warranty deed, quitclaim deed, or voluntary deed, or other documentation evidencing property ownership. For purposes of providing proof of employment, the individual may provide an Internal Revenue Service Form W-2, a pay check, or a notarized verification of employment from the individual´s employer, or other documentation evidencing employment. Such employment documentation shall evidence the location in which such individual actually carries out or performs the functions of his or her job. Documentation provided pursuant to this subsection may be required to be date specific, depending upon the individual´s exemption claim.
(g) Any sexual offender who knowingly violates the provisions of this Code section shall be guilty of a felony and shall be punished by imprisonment for not less than ten nor more than 30 years.
(h) Nothing in this Code section shall create, either directly or indirectly, any civil cause of action against or result in criminal prosecution of any person, firm, corporation, partnership, trust, or association other than an individual required to be registered under Code Section 42-1-12."

SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.