HB319: HB319 Crimes and offenses; illegal aliens; penalties for state and local officials and employees for noncompliance; provide

Georgia law already makes it a crime to knowingly conceal, harbor, or shield an illegal alien who has committed a criminal offense (O.C.G.A. § 16-11-201). This bill adds a new layer aimed specifically at government officials and employees. It makes it illegal for a state or local official or employee to knowingly and willfully violate state laws meant to stop the concealing, harboring, or shielding of an illegal alien who is guilty of a crime. Any official or employee found in violation could be prosecuted by the Attorney General, on top of whatever criminal penalties already apply, and could be removed from office and replaced by the Governor. The bill keeps existing exceptions: it does not apply to a government employee, or someone acting on that employee's direction, who shelters an illegal alien who is a crime victim or witness, or who holds someone in a jail, prison, or detention facility. The bill would repeal any conflicting laws.

• Creates a new violation for state or local officials or employees who knowingly and willfully break state laws against concealing, harboring, or shielding an illegal alien guilty of a crime.
• Allows the Georgia Attorney General to prosecute officials or employees found to have violated this rule, in addition to existing penalties.
• Allows the Governor to remove and replace any state or local official or employee found to have violated the law.
• Keeps existing exceptions for government employees who shelter crime victims or witnesses, or who hold people in jails, prisons, or other detention facilities.
• Repeals any existing state or local laws that conflict with these new rules.

State and local government officials and employees in Georgia, including those who might otherwise shield or assist illegal aliens accused of crimes; the Attorney General's office, which would gain prosecution authority; and the Governor, who would gain removal power over noncompliant officials.

Government workers who knowingly help shield an illegal alien accused of a crime could face state prosecution and lose their jobs, a stronger enforcement tool than currently exists. This changes accountability for public employees and officials involved in immigration-related law enforcement decisions.

• Section 1 amends subsection (d) of O.C.G.A. § 16-11-201 to make it unlawful for state or local officials or employees to knowingly and willfully violate laws against concealing, harboring, or shielding an illegal alien guilty of a crime.
• Section 1 adds Attorney General prosecution authority over violating officials or employees, on top of existing penalties in subsection (c).
• Section 1 gives the Governor authority to remove and replace an official or employee found to have violated the section.
• Section 1 preserves exceptions for shielding crime victims, witnesses, or people held in jails, prisons, or detention facilities.
• Section 2 repeals any conflicting laws.

1. 2025-02-11House Second Readers (House)
2. 2025-02-10House First Readers (House)
3. 2025-02-06House Hopper (House)

• David Clark (R, HD-100)Primary sponsor
• Houston Gaines (R, HD-120)
• Steven Sainz (R, HD-180)
• Rick Jasperse (R, HD-011)
• Jesse Petrea (R, HD-166)
• Clint Crowe (R, HD-118)

• immigration enforcement
• illegal aliens
• public official penalties
• criminal law
• state and local government