Just a few weeks ago, Governor Brian Kemp and First Lady Marty Kemp announced that three legislative measures aimed at ending human trafficking in Georgia would be introduced during this session of the Georgia General Assembly. The first has been filed by State Representative Houston Gaines (R-Athens).
House Bill 823 would impose a lifetime commercial driver’s license ban in Georgia for those who have been convicted of a human trafficking crime and would allow the Georgia Department of Driver’s Services to revoke a person’s commercial driver’s license (CDL) issued in the state. The proposed legislation would also permanently disqualify them from driving a commercial motor vehicle if convicted of trafficking an individual for labor servitude or sexual servitude and used a commercial motor vehicle to commit the offense.
According to Gaines, this legislation would work in accordance with a federal regulation that was created by the U.S. Department of Transportation in 2019.
“Survivors and victims across Georgia are counting on us to bring this evil activity into the light and work together to end this horrific industry,” said Rep. Gaines. “I want to thank the First Lady and Governor for their commitment to this issue, and I am proud to join with them, the GRACE Commission and advocates across the state to find ways to defeat human trafficking in Georgia.”
Two other pieces of legislation are expected to be introduced in the next few weeks as part of the initiative announced by the Governor and First Lady.
One will create multiple pathways specifically for survivors of human trafficking to restrict access to their criminal records or secure vacatur, which is an order setting aside a judgment or proceeding. The other is aimed at closing loopholes in the sex offender registry and the improper sexual contact code.
Last year, anti-human trafficking legislation (HB 281) strengthened penalties for pimping and pandering, making them felony offenses upon the second or subsequent conviction. Under current law, keeping a place of prostitution, pimping, and pandering are also felonies if the victim is less than 18 years old.
According to officials, Georgia’s sex offender registry code was never changed to require registration for any of those three offenses when they rise to level of a felony. In addition, a felony conviction for burglary with intent to rape was not listed as convictions requiring registration as a sex offender. These felony convictions will require registration.
Also, at the request of law enforcement, this bill closes a loophole in the “custodial sexual contact” code by adding the offenses of improper sexual contact by a foster parent in the first and second degrees.
