Bill Text: GA HB886 | 2009-2010 | Regular Session | Introduced
Bill Title: Sexual offenses; sexual assault; change certain provisions
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Introduced - Dead) 2010-01-13 - House Second Readers [HB886 Detail]
Download: Georgia-2009-HB886-Introduced.html
10
LC 29 3958
House
Bill 886
By:
Representatives Levitas of the
82nd,
Lunsford of the
110th,
and Glanton of the
76th
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 that the offense not be merged with other offenses;
provide for related matters; 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)
'Educational
institution' means an elementary or secondary school.
(3)
'Intimate parts' means the genital area, groin, inner thighs, buttocks, or
breasts of a person.
(3)(4)
'Psychotherapy' means the professional treatment or counseling of a mental or
emotional illness, symptom, or condition.
(4)(5)
'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.
(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 an employee, agent, or volunteer of any educational institution and engages
in sexual contact with such other individual who the actor knew or should have
known is enrolled or attending the same educational institution;
(2)
Is an employee, agent, or volunteer 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, agent, or volunteer 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, agent, or volunteer 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;
(5)
Is an actual or purported practitioner of psychotherapy and engages in sexual
contact with such other individual who the actor knew or should have known is
the subject of the actor's actual or purported treatment or counseling or uses
the treatment or counseling relationship to facilitate sexual contact between
the actor and such individual; or
(6)
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 and engages in sexual contact with
such other individual who the actor knew or should have known had been admitted
to or is receiving services from such facility or the actor.
(c)
Consent of the victim shall not be a defense to a prosecution under this Code
section.
(d)
A person convicted of sexual assault shall be punished by imprisonment for not
less than one nor more than 30 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 10 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 18 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.
(e)
The offense of sexual assault shall be considered a separate offense and shall
not merge with any other
offense."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.
