Georgia SB 587: Offenses Against Public Health and Morals; the establishment of an animal cruelty database; provide

Bill Text

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Senate Bill 587
By: Senators Still of the 48th, Dickerson of the 21st, Summers of the 13th, Albers of the
56th, Hufstetler of the 52nd and others
AS PASSED
A BILL TO BE ENTITLED
AN ACT
To amend Chapters 5 and 12 of Title 16 of the Official Code of Georgia Annotated, relating1
to crimes against the person and offenses against public health and morals, so as to provide2
for a court order to locate an alleged victim of child or elder abuse; to provide for the3
establishment of an animal cruelty database; to provide for purpose and funding; to require4
clerks of court to transmit certain conviction and sentencing information to the Prosecuting5
Attorneys' Council of the State of Georgia; to require the Prosecuting Attorneys' Council of6
the State of Georgia to create, administer, and maintain such database; to provide for7
minimum requirements; to provide for reporting and forms; to provide for related matters;8
to repeal conflicting laws; and for other purposes.9
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:10
SECTION 1.11
Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to crimes against12
the person, is amended by adding a new subsection to Code Section 16-5-70, relating to13
cruelty to children, to read as follows: 14
"(f) Where there is an open investigation relating to an alleged offense in violation of this15
Code section, and the child is moved from a known address to an unknown location, the16
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superior court for the county of the known address may grant an order to locate the parent17
or guardian of record upon a showing by a law enforcement official an inquiry regarding18
the welfare and safety of the child is necessary to complete such investigation."19
SECTION 2.20
Said chapter is further amended by adding a new subsection to Code Section 16-5-102,21
relating to exploitation and intimidation of disabled adults, elder persons, and residents, and22
obstruction of investigation, to read as follows:23
"(d) Where there is an open investigation relating to an alleged offense in violation of this24
Code section, and the disabled adult, elder person, or resident is moved from a known25
address to an unknown location, the superior court for the county of the known address26
may grant an order to locate the guardian of record upon a showing by a law enforcement27
official an inquiry regarding the welfare and safety of the disabled adult, elder person, or28
resident is necessary to complete such investigation."29
SECTION 3.30
Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against31
public health and morals, is amended in Article 1, relating to general provisions, by adding32
a new subsection to Code Section 16-12-4, relating to cruelty to animals, to read as follows:33
"(i)(1) Subject to appropriations by the General Assembly or other available funding, by34
January 1, 2027, the Prosecuting Attorneys' Council of the State of Georgia shall create,35
administer, and maintain on its website a state-wide, publicly searchable animal cruelty36
database. The primary purpose of such database shall be to assist animal shelters, animal37
protection and control agencies, and other organizations and members of the public38
involved in animal placement determinations in screening prospective owners and39
preventing animals from being placed in dangerous situations. At minimum, such40
database shall:41
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(A) List the full names of each individual who has been convicted of or entered a plea42
of guilty or nolo contendere to any violation of this Code section or Code Section43
16-6-6, 16-7-21.2, 16-11-107, or 16-12-37;44
(B) Be accessible at no cost; and45
(C) Be updated no less than monthly.46
(2) When a person is convicted of an offense identified in subparagraph (A) of47
paragraph (1) of this subsection, the clerk of the court shall electronically transmit a copy48
of such conviction and sentence to the Prosecuting Attorneys' Council of the State of49
Georgia within 60 days of entry of such conviction and sentence.50
(3) The Prosecuting Attorneys' Council of the State of Georgia shall be authorized to51
solicit input from state law enforcement and prosecuting attorneys in determining52
information to be included in the animal cruelty database. All state law enforcement,53
prosecution and corrections agencies, offices, and departments shall cooperate with and54
shall provide in a timely manner any information acquired relating to a violation55
described in subparagraph (1)(A) of this subsection to the Prosecuting Attorneys' Council56
of the State of Georgia to be included in the animal cruelty database in a format57
prescribed by such council pursuant to paragraph (3) of this subsection.58
(4) The Prosecuting Attorneys' Council of the State of Georgia shall be authorized to59
create and promulgate a uniform reporting form to be used by state law enforcement,60
prosecution and corr