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SB 0008 - Crimes and Offenses: children who have been sexually exploited; make provisions; create Safe Harbor for Sexually Exploited Children Fund Commission

Tracking Level: Monitor
Sponsor: Unterman, Renee 45th
Last Action: 7/1/2015 - Effective Date
State Code Titles: 9, 15, 16, 49
Senate Committee: JUDYNC
House Committee: JuvJ
Assigned To:
05. Superior CourtsNext Bill
07. Juvenile CourtsNext Bill

Staff Analysis of the Legislation

SB 8 seeks to amend O.C.G.A. § 9-3-33.1 to provide that any civil actions for the recovery of damages suffered as  result of childhood sexual abuse committed before July 1, 2015 shall be commenced on or before the date the plaintiff reaches 23 years of age. A new paragraph (b)(1) is added to O.C.G.A. § 9-3-33.1 to provide that any civil action for the recovery of damages suffered as a result of childhood sexual abuse committed on or after July 1, 2015, shall be commenced on or before the date that the plaintiff  reaches 25 years of age; additionally, this new provision includes violations for trafficking a person for sexual servitude, as prohibited in O.C.G.A. § 16-5-46.  O.C.G.A. § 9-3-90, relating to individuals who are legally incompetent, is amended to provide the same statute of limitations as prescribed in Code Section 9-3-33.1 for those persons who are less than 18 years of age when a cause of action accrues. Chapter 21 of Title 15 is amended to provide for additional penalties for certain sexual crimes, and provides for fees levied on certain businesses, namely ¿adult entertainment establishments;¿ provides for an additional fine of $2,500 for trafficking a person for sexual servitude in violation of Code Section 16-5-46, or any violations of Code Section 16-6-10, 16-6-11, 16-6-12 or 16-6-14, along with changes to O.C.G.A. Code Section 42-1-12 through the addition of a new subparagraph to paragraph 10 of subsection (a) so as to include individuals convicted of trafficking a person for sexual servitude in violation of Code Section 16-5-46 within the State Sexual Offender Registry. 

 

The bill amends Chapter 21 of Title 15 of the O.C.G.A. to create the Safe Harbor for Sexually Exploited Children Fund as a separate fund in the state treasury that is to be overseen by the Safe Harbor for Sexually Exploited Children Fund Commission, which will be assigned to the Division of Family and Children Services of the Department of Human Services (DHS) for administrative purposes only. The commission may disburse funds for purposes of providing care, rehabilitative services, residential housing, health services, and social services, including establishing safe houses, to sexually exploited children.
 
The commission will be tasked with making recommendations to the Governor and the General Assembly concerning changes in state programs, budgets, policies, and standards concerning the care and rehabilitation of sexually exploited children, changes to improve coordination among state agencies that provide care and services to sexually exploited children, and changes to improve the condition of sexually exploited children who are in need of rehabilitative and social services. As amended, SB 8 also contains language which does not provide safe harbor protections for individuals who are under the age of 18 years old who are charged with the trafficking of children for sex. 


Bill Summary from the State Site - Click for the State Summary Page / Click for Current Full Text