A Summary of HB 908

Link to full bill

Purpose: To repeal certain provisions relating to residency and employment restrictions for certain sexual offenders; to change a definition; to provide for restrictions on where sexual offenders and sexually dangerous predators may reside, work, volunteer, or loiter; to provide for definitions; 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.

Effect:  Guidance is provided for measuring the distance of a sex offender’s place of business from a prohibited area. Provides exemption for violation occurring when prohibited place establishes within 1,000 ft. of previously owned and occupied residence.

Repeal current version of :

§42-1-15 Residence of or loitering by registered sex offender prohibited 1,000 feet from child care facility, church, school, or place where minors congregate; employment of sexually dangerous predator; civil liability or criminal prosecution of entity other than individual required to register

Location where offender carries out business used to determine if in violation

Offender’s place of business is in violation of the statute is it is determined to be within 1000 ft. of prohibited area “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.”

Offender not in violation if prohibited place establishes itself subsequent to offender’s residency or establishment of employment if he proves length of either within ten days of receiving notice

(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.

(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.

(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."

§ 42-1-12, relating to the State Sexual Offender Registry, as follows:

'Area where minors congregate' shall include all public and private parks and recreation facilities, playgrounds, skating rinks, neighborhood centers, gymnasiums, school bus stops, public libraries, and public and community swimming pools."

Day-care center" means any place operated by a person, society, agency, corporation, institution, or group wherein are received for pay for group care for less than 24 hours per day, without transfer of legal custody, 19 or more children under 18 years of age).