Attorneys: Join Our Network

Georgia Supreme Court Strikes Down Sex Offender Provision

SHARE EMAIL

The Georgia Supreme Court took a bold action and declared a provision of the state's sex-offender registry law unconstitutional because it made homelessness a crime. Basically, the language of the statute made it a crime if a sex offender were homeless and could not register a specific street or route address with the local sheriff's office.

In a 6-1 ruling, the Georgia Supreme Court Justices ruled that the law provided no direction for homeless sex offenders who have no street or route address. Therefore, the registration requirements were "unconstitutionally vague."

Gerry Weber, a lawyer with the Southern Center for Human Rights, wholeheartedly agreed with the Court's decision. "Homeless people can't do the impossible and report an address they don't have", he said.

Members of the Georgia Legislature believed that there is a very simple fix for the gaps in the drafted legislation. State Rep. David Ralston (R-Blue Ridge), chairman of the House Non-Civil Judiciary Committee, said he was in favor of suggesting that homeless offenders regularly check in at their local sheriff's offices.

With all of the hype associated with the poorly-drafted legislation, one begins to wonder if the Georgia Legislature is due for an appointment with a writing coach.

» Back to Legal Articles