Representative Keen and the Georgia                              General Assembly Could Have Done Better

© Dr. Gary D. Lemmons, June 25, 2006

Jerry Keen is the Republican majority leader of the Georgia House of Representatives and, except for being a politician, is a good man.  He represents the 179^th House District, which is the St. Simon’s Island and surrounding area.  His work in the General Assembly has been in line with my conservative principles and, at the same time, has not insulted my liberal positions…at least, not too much.

One of his crowning achievements in the 2006 legislative session was the enactment of H. B. 1059 – Sex Offenders: Punishment; Registration Requirement; Change Provisions.

Now, at the outset, let me say that no one, NO ONE, in this state is more in favor of dealing harshly with sex offenders (especially those who have violated children) than I am.  In fact, while the cowardly conservatives from the Republican Party and the pantywaist liberals from the Democratic Party are too afraid to meet the issue head-on, I stand in favor of the death penalty for adults, who sexually molest, rape, or otherwise sexually abuse children!

That having been said, there is a difference between a 19 year old boy having sexual relations with his 15 year old girlfriend and a 57 year old man having sexual relations with a 15 year old girl.  The moral wrong in both situations is the same, but there is a DIFFERENCE!   However, the legislation, which was negotiated through the morass that is the Georgia General Assembly by Representative Keen and others, makes no distinction between the two.  Both the 19 year old boy and the 57 year old man, if convicted, end-up on the Sexual Offender Registry for a minimum of 10 years!

The legislation also makes it illegal for an identified sexual offender (one who is on the registry) to live, work, or loiter within a thousand feet of a school, a school bus stop, a church, or any other location where children are likely to congregate.

Do you realize how many school bus stops there are in Georgia?

And, hey, all you Bible thumping zealots, I can think of no safer place for a sexual offender to be than around some of the good “brethren” I have known in church.  Along with lessons of love and healing, Jesus, at least at one point in his ministry, appears to have owned a “whip!”

The legislation, of course, is headed to court.  A class action suit (which means that it will cover all 10,000 + of Georgia’s sexual offenders) was filed in the U.S. District Court in Rome.  A similar law was held to be constitutional in Iowa and in the 8^th Circuit Court of Appeals.  We live in the jurisdiction of the 11^th Circuit Court of Appeals, which means that our court could rule differently.  Ultimately, the issue could have to be decided by the U. S. Supreme Court.

What really gripes me is that Representative Keen is not a fool.  Neither is he an ignorant man.  He could have used his influence to have had drafted legislation that would have been more focused upon the really dangerous predators.  Such legislation would probably have been challenged by the ACLU, but there would not have been the number of examples of what many will perceive as “unfair” consequences for “some” individuals (like our 19 year old Romeo) who have been designated as “sexual offenders.”  Unfortunately, Representative Keen is a politician, not a statesman; and he is not unique in the Georgia General Assembly.