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GEORGIA Legislation
O.C.G.A. § 49-5-169
Bill Summary:
This law created a fund to provide services and support for sexually exploited children and victims of human trafficking. It recognizes that children engaged in prostitution are often victims rather than criminals. Recently Amendment 2 triggered the implementation of Senate Resolution 7 and allowed the state legislature to provide for additional penalties or fees to a court case in which a person is found guilty "of keeping a place of prostitution, pimping, pandering, pandering by compulsion, solicitation of sodomy, masturbation for hire, trafficking of persons for sexual servitude, or sexual exploitation of children." It also allowed the legislature to impose assessments on adult entertainment establishments. Revenue from these penalties, fees, and assessments will be allocated to the Safe Harbor for Sexually Exploited Children Fund. - Senate Resolution 7
Bill Text:
Senate Resolution 7
By: Senators Unterman of the 45th, Butler of the 55th, Miller of the 49th and Hill of the 32nd
ADOPTED
A RESOLUTION
1 Proposing an amendment to the Constitution so as to provide that the General Assembly by
2 general law may impose additional penalties for the offenses of keeping a place of
3 prostitution, pimping, pandering, pandering by compulsion, solicitation of sodomy,
4 masturbation for hire, trafficking of persons for sexual servitude, or sexual exploitation of
5 children; may impose assessments on adult entertainment establishments; and may provide
6 for the allocation of such additional penalties and assessments to the Safe Harbor for
7 Sexually Exploited Children Fund, as provided by law, for the purpose of providing care and
8 rehabilitative and social services to individuals in this state who have been or may be
9 sexually exploited; to provide that such funds shall not lapse; to provide for related matters;
10 to provide for the submission of this amendment for ratification or rejection; and for other
11 purposes.
12 BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
13 SECTION 1.
14 Article III, Section IX, Paragraph VI of the Constitution is amended by adding a new
15 subparagraph to read as follows:
16 "(o) The General Assembly may provide by general law for additional penalties in any
17 case in any court in this state in which a person is adjudged guilty of keeping a place of
18 prostitution, pimping, pandering, pandering by compulsion, solicitation of sodomy,
19 masturbation for hire, trafficking of persons for sexual servitude, or sexual exploitation of
20 children and may impose assessments on adult entertainment establishments as defined by
21 law; and such appropriated amount shall not lapse as required by Article III, Section IX,
22 Paragraph IV(c) and shall not be subject to the limitations of subparagraph (a) of this
23 Paragraph, Article III, Section V, Paragraph II, Article VII, Section III, Paragraph II(a), or
24 Article VII, Section III, Paragraph IV. The General Assembly may provide by general law
25 for the allocation of such assessments and additional penalties to the Safe Harbor for
26 Sexually Exploited Children Fund for the specified purpose of meeting any and all costs,
27 or any portion of the costs, of providing care and rehabilitative and social services to
28 individuals in this state who have been or may be sexually exploited. The General
29 Assembly may provide by general law for the administration of such fund by such
30 authority as the General Assembly shall determine."
31 SECTION 2.
32 The above proposed amendment to the Constitution shall be published and submitted as
33 provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the
34 above proposed amendment shall have written or printed thereon the following:
35 "( ) YES
36
37
38
39 ( ) NO
40
41
42
Shall the Constitution of Georgia be amended to allow additional penalties
for criminal cases in which a person is adjudged guilty of keeping a place of
prostitution, pimping, pandering, pandering by compulsion, solicitation of
sodomy, masturbation for hire, trafficking of persons for sexual servitude, or
sexual exploitation of children and to allow assessments on adult
entertainment establishments to fund the Safe Harbor for Sexually Exploited
Children Fund to pay for care and rehabilitative and social services for
individuals in this state who have been or may be sexually exploited?"
43 All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes."
44 All persons desiring to vote against ratifying the proposed amendment shall vote "No." If
45 such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall
46 become a part of the Constitution of this state.