Georgia top court strikes down sex offender law provision

Georgia’s top court has thrown another strike against the state’s tough sex offender law. The Georgia Supreme Court says it is "cruel and unusual punishment" to require an automatic life prison sentence for sex offenders who repeatedly fail to register. The court’s 6-1 decision throws out the life sentence of Cedric Bradshaw. The 25-year-old was arrested for failing to register as an offender, after spending weeks trying to find a place to live that did not violate the law’s residential restrictions. Earlier, the Court struck down another provision that required homeless offenders to register their address, calling it unconstitutionally vague.

Georgia court: Sex offender provision unfair

Georgia's top court has ruled a provision in Georgia's strict new sex offender law is unconstitutional because it fails to tell homeless offenders how they can comply with the
law.

The law is designed to keep sex offenders away from children by monitoring how close they live to schools, parks and other spots where kids gather. But critics say it unfairly subjects homeless offenders to a life sentence if they fail to register a home address.

The Georgia Supreme Court's 6-1 decision Monday found the law's registration requirements were "unconstitutionally vague." But the opinion went on to say that homeless offenders are not exempt from the statute, and suggested special reporting requirements for the homeless.
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On the Net: http://www.gasupreme.us

(AP)

New state laws debut today

More than 400 new laws take effect in Georgia today.

One is the controversial new gun measure. This allows Georgians with carry permits to bring firearms into restaurants serving alcohol, onto public transportation, and into state parks.

Other laws now on the books include:

- Wine can now be bought from wineries directly over the Internet and by phone. Partially finished bottles of wine can now be taken home from restaurants.

- Sex offenders are now prohibited from volunteering at churches

- Tougher measures on those driving under the influence of drugs and alcohol. Now, a fourth DUI offense in 10 years brings a felony charge. Georgia was one of five states that did not have a law making four DUI offenses a felony.

Proposal limits where sex offenders can live

Today House lawmakers renewed their effort to limit where sex offenders live and work. Under a new bill introduced by House Republicans, a sex offender who owns his or her home would no longer have to vacate it if a center where children gather later opens up within 1,000 feet. It carves out a similar exception for sex offenders who have established employment, allowing them to keep their job if a day care center or other gathering spot pops up. In November, the Georgia Supreme Court overturned a portion of a law passed two years ago that banned sex offenders from living and working within 1,000 feet of schools, churches and other areas where children congregate.

Senate cuts a break for some elderly, frail sex offenders

Senate creates exception for elderly, sick sex offenders

Under a bill passed by the Georgia Senate, elderly, terminally ill or disabled sex offenders might not be forced to leave their homes, even if children are nearby.

The legislation allows certain offenders to petition a judge for an exemption to current law. Right now, convicted sex offenders who are freed from prison cannot live within 1000 feet of churches, bus stops, schools and other places where children might gather. A nonprofit group is challenging that statute in federal court.

In what has become typical this session, senators tacked on a series of amendments so this legislation hardly resembles the version the House passed. One provision would prohibit convicted sex offenders from photographing minors. Another would require people on probation for any crime to submit to DNA testing.

The bill goes back to the House.