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«««FOR IMMEDIATE RELEASE— SATURDAY AUGUST 5, 2006«««

 

 

The Truth About Georgia’s HB1059

© 2006, ALJC & SOS-Network

 

 

Statement from the Sex Offenders Solution Network

 

Has Rep. Keen been misleading the public, by saying HB1059 is about saving children?  If he really wanted to make children safer, he would have sponsored a bill that provides for the implementation of risk levels for all the current registrants, removing low-risk offenders from the registry and protecting the Constitutional rights of offenders’ families.  However, by his recent statement that this was the most "thought out, the most well crafted legislation", we can only conclude he has no compunction to deny some citizens of Georgia due process and other protections of the Constitution.

 

HB1059 violates the following:

 

         Ex Post Facto Clause

 

         The procedural component of the Due Process Clause

 

         The substantive component of the Due Process Clause and the right to family privacy

 

         The Religious Land Use and Institutionalized Persons Act

 

         The Free Exercise Clause and the right to freedom of association

 

         The Takings Clause

 

         The right to interstate and intrastate travel

 

         The Eighth Amendment by imposing cruel and unusual punishment and by impermissibly punishing registrants based upon their status

 

Rep. Keen’s bill had a single intent, to drive offenders from Georgia.  In his January 2006, statement to the Senate Judiciary Committee regarding HB1059, he said; "We want those people running away from Georgia.  Given the toughest laws here, we think a lot of people could move to another state.  If it becomes too onerous and too inconvenient, they just may want to live somewhere else.  And I don't care where, just as long as it is not in Georgia.  Candidly, Senators, they will in many cases have to move to another state."

 

On July 13, 2006, Rep. Keen told the Fulton County Daily Report, "Legislators were not concerned if the law [HB1059] would turn sex offenders into nomads and force them out of Georgia."  This is even clearer evidence his intent was to deny due process to the wives, children, parents, and siblings of Georgia's Registered Sex Offenders.

 

HB1059 will cause the largest FORCED RELOCATION since World War II.  Of the 2,280, low or medium risk registrants, add in the spouses, children, parents and siblings, and we are talking about 7,661 individuals this law will affect, 5,381 are innocent family members.  Does no one care about these thousands of innocent family members?  Evidently, Mr. Keen does not.

 

At the end of the day, Mr. Keen and the legislators who voted for HB1059 failed to abide by their oath of office, to defend the Constitutions of the United States and Georgia.  We must ask ourselves, what group will Mr. Keen go after next?  Who’s family will he impact next? 

 

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The following Press Releases are from the (SCHR) Southern Center for Human Rights:

 

«««FOR IMMEDIATE RELEASE—TUESDAY JUNE 20, 2006«««

 

Georgia Sex Offender Law Challenged in Federal Court


Families Torn Apart as they are Forced to Leave Their Homes to Comply with 1,000 Feet Restrictions

 

Statement from the Southern Center for Human Rights

 

ROME, GEORGIA , Tuesday June 20, 2006 – A class action lawsuit is being filed today in U.S. District Court challenging HB 1059, the Georgia sex offender legislation passed in 2006 by the General Assembly. Lawyers from the Southern Center for Human Rights (SCHR) and the American Civil Liberties Union of Georgia are asking the Court to stop the enforcement of HB 1059, scheduled to go into effect on July 1, 2006.

 

If the 1,000 feet restrictions of HB 1059 go into effect, the results will be catastrophic for families across Georgia.  Thousands of people on the registry will be forced to evacuate their homes, give up their jobs and livelihoods, lose their health insurance, cease attending religious services, abandon treatment programs, and will be torn from their families and their communities.

 

“In addition to being patently illegal, this law is a public policy disaster that will do irreparable damage to thousands of Georgia’s families and make women and children less safe,” says Sarah Geraghty an SCHR attorney representing the Plaintiffs.

 

HB 1059 applies to everyone on the registry without exception– including people like Wendy Whitaker who is on the registry because she, at age 17, had a single consensual act of oral sex with a 15-year-old male.  Because of this one act, committed ten years ago, Ms. Whitaker and her husband are now being forced from their home. Joseph Linaweaver was 16 when he had a single consensual act of oral sex with his 14-year-old girlfriend.  Because of this act, he is preparing to leave his entire family and move to Wisconsin rather than face being homeless and jobless in Georgia. Janet Allison was convicted of being a “party to the crime of child molestation and statutory rape” because she did not do enough to prevent her 15-year-old daughter from becoming sexually active.  Due to this conviction, Ms. Allison is being forced to move from her home to avoid HB 1059's minimum sentence of 10 years in prison.  

 

The 1,000 feet restrictions of HB 1059 prohibit people on the registry from living or loitering within 1,000 feet of any child care facility, church, school or "area where minors congregate," including all parks and recreation facilities, playgrounds, skating rinks, neighborhood centers, gymnasiums, swimming pools, and most problematically, school bus stops.  People on the registry are also prohibited from working at or within 1,000 feet of a church, school or day care.

 

The intention of these restrictions is to reduce the likelihood of sexual violence against children, yet experts agree that residency restrictions do not promote children’s safety. Rather, by aggravating the scarcity of housing options for people on the registry, these restrictions sever people from treatment and community support, and destabilize families.   

 

The sheer quantity of school bus stops throughout Georgia makes it extremely difficult to find housing that meets the requirements of HB 1059 and the growing consensus among local jurisdictions that the inclusion of school bus stops in HB 1059 – which are unmarked and ever-changing depending on the needs of each neighborhood- makes these restrictions vague and unworkable and inadvertently dilutes the integrity and reliability of the registry itself. 

 

This lawsuit is being filed Tuesday morning in US District Court for the Northern District of Georgia in Rome.  The named Defendants include Governor Sonny Perdue, Attorney General Thurbert Baker, and Polk County law enforcement officials.  Attorneys for the Plaintiffs are seeking a Preliminary Injunction to stop state and local entities from enforcing the 1,000 feet restrictions from school bus stops and churches on and after its July 1, 2006 effective date.

 

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«««FOR IMMEDIATE RELEASE—TUESDAY JULY 25, 2006, 4:00pm«««

Federal Court Order Protects Public From

HB 1059's School Bus Stop Provision
 

Statement from the Southern Center for Human Rights

The Court today ruled that law enforcement officials in Georgia do not need to waste their resources trying to enforce HB 1059's bus stop provision.  This is because, at this time, there is nothing to enforce.

 

We are in this mess because HB 1059 was a sloppily written and counterproductive law. It was intended to destroy lives by forcefully evicting thousands of Georgians from their homes, and that would have made all of us less safe in the process.  The Court's decision today saved us from such a disaster. 

 

Majority Leader Jerry Keen's law was so badly written that it forced Georgia's 159 sheriffs to waste thousands of hours and thousands of dollars trying to enforce this unenforceable law.   That is time away from 911 calls, away from the vital everyday functions of law enforcement.  It was a waste and it was Majority Leader Keen's fault. 

 

The Order also said that if a local school board wants to force people like Wendy Whitaker -- who is on the registry for one consensual act of oral sex with a classmate when she was in high school -- out of their homes, they must take additional steps before doing so. The Court made it clear that school boards do not have to take such a drastic step.  In fact, it warned that school boards rushing in to designate bus stops "may only result in delay, confusion, and inconsistent actions."

 

We agree: the function of school boards is to make our schools function, not to act as the police.  It's up to the sheriffs to protect public safety, and the sheriffs have made it clear they don't like having to throw people like Joseph Linaweaver – who is on the registry for having one-time consensual sex when he was 16 with his 15 year old girlfriend -- out of their homes.

 

We have all seen how public opinion on HB 1059 turned completely around.  In just over a month, we have gone from the Governor defending a law that most people thought was a good idea to the Governor's own lawyers backing away from a law that everyone now knows is a disaster.  One reason for the 180 degree turnaround is because people were surprised to learn that people like Wendy Whitaker and Joseph Linaweaver are on the registry.

 

Another reason for this shift in public opinion is that people started to learn how counterproductive residency restrictions are to public safety.  The State's own expert during the Preliminary Injunction hearing agreed that residency restrictions that destabilize people are bad for public safety.  The Georgia Parole Board's own studies agree.

 

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