This time of year, I like to write about the new laws coming into effect in Georgia. Due to the pandemic, there was a delay in the legislative session resulting in a delay getting bills to the Governor for his signature. As a result, not all of the new laws took effect on July 1^st. Many will not take effect until January 1^st, 2021.

Georgia has finally passed a Hate Crimes bill. Although it didn’t create a separate statute for hate crimes, it did add enhanced penalties for any crime against another person if it could be proved beyond a reasonable doubt that the victim was selected because of their race, religion, color, national origin, gender, sexual orientation, or mental/physical disability. The enhanced penalty can include up to two years in prison and up to $5,000 in additional fines. This law took effect on July 1^st.

Citizens with certain misdemeanor convictions may now have their criminal record restricted if they have gone at least four years from the end of their sentence without additional convictions. Additionally, crimes for which a person was pardoned may now be restricted, so long as they were not violent felonies or sex crimes. This took effect on July 1^st.

We know that victims of human trafficking are often forced to commit crimes. A new law allows judges, upon conviction of such crimes, to grant relief if the defendant is proven to be a victim of human trafficking and the crimes committed are a direct result of their forced labor or sexual servitude. This took effect on July 1^st.

Just before the COVID-19 pandemic hit, there was much in the news about the dangers of vaping, especially concerning young people. Georgia has now raised the age to purchase or possess tobacco or vaping products to 21. It is also now illegal to use vaping products within a school safety zone. Interestingly, vaping products may be home delivered, but the person receiving the products must be 21 or older and show identification when they sign for the delivery. This will become effective on January 1^st, 2021. 

Beginning January 1, 2021, drivers will not need to carry their driver’s license on their person. Georgia will allow a person’s driver’s license to be available in electronic format, via an app on their cell phone. If stopped by law enforcement, the driver may simply show their phone to the officer. Don’t worry, surrendering your phone for that purpose does not qualify as “consent” for the officer to search the phone for anything else.

Revenge porn is an act in which videographic or still imagery of an intimate nature, which was shared between partners in an intimate relationship, is later shared publicly as a form of revenge after the relationship ends. Now, with “deepfake” technology, a person can create a fake nude of another. Effective January 1, 2021, the revenge port statute will include such fake images.

In the past, Georgia had no statute specifically prohibiting sexually explicit conduct by a foster parent with their foster child. On January 1, 2021, that will change with the addition of a new statute.

There are many other changes, too many to mention, but this covers the ones that are likely to be of the greatest interest. If you have any questions about these, or any other Georgia laws, please feel free to contact my office at (229)430-6508. We are glad to help.