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House Journal: Page 1583: Tuesday, April 14, 1998

22   creates a reasonable apprehension of such harm."
23     5.  Page 2, line 46, by inserting after the word
24   "person" the following:  "who is confined".
25     6.  Page 3, by striking lines 16 through 22.
26     7.  Page 3, line 23, by striking the word
27   "required" and inserting the following:  "given".
28     8.  Page 4, line 10, by striking the word "If" and
29   inserting the following:  "1.  If".
30     9.  Page 4, by inserting after line 19 the
31   following:
32     "2.  A prosecuting attorney of the county in which
33   the person was convicted or charged, or the attorney
34   general if requested by the prosecuting attorney, may
35   file a petition alleging that a person is a sexually
36   violent predator and stating sufficient facts to
37   support such an allegation, if it appears that a
38   person who has committed a recent overt act meets any
39   of the following criteria:
40     a.  The person was convicted of a sexually violent
41   offense and has been discharged after the completion
42   of the sentence imposed for the offense.
43     b.  The person was charged with, but was acquitted
44   of, a sexually violent offense by reason of insanity
45   and has been released from confinement or any
46   supervision.
47     c.  The person was charged with, but was found to
48   be incompetent to stand trial for, a sexually violent
49   offense and has been released from confinement or any
50   supervision."

Page 2  

 1     10.  Page 4, line 32, by inserting after the word
 2   "chapter." the following:  "If the person is in
 3   custody at the time of the filing of the petition, the
 4   court shall determine whether a transfer of the person
 5   to an appropriate secure facility is appropriate
 6   pending the outcome of the proceedings or whether the
 7   custody order should be delayed until the date of
 8   release of the person."
 9     11.  Page 4, line 34, by inserting after the word
10   "custody" the following:  "or being transferred to an
11   appropriate secure facility".
12     12.  Page 5, line 26, by inserting after the word
13   "respondent" the following:  "at state expense".
14     13.  Page 6, line 3, by striking the word
15   "INTERAGENCY" and inserting the following:  "CHAPTER
16   28E".
17     14.  Page 6, by inserting after line 4, the
18   following:
19     "___.  If the person charged with a sexually
20   violent offense has been found incompetent to stand
21   trial and the person is about to be released pursuant

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Last update: Thu Apr 16 13:40:03 CDT 1998
URL: /DOCS/GA/77GA/Session.2/HJournal/01500/01583.html
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