HB602: HB602 Education; denial of state funds for loans, grants, and scholarships for any student convicted of a criminal offense; provisions

25 LC 61 0214S The House Committee on Higher Education offers the following substitute to HB 602: A BILL TO BE ENTITLED AN ACT To amend Chapter 1 of Title 20 of the Official Code of Georgia Annotated, relating to1 general provisions relative to education, so as to provide for the denial of state funds for2 loans, grants, and scholarships for any student who is convicted of a criminal offense when3 such conviction is the result of a student engaging in materially and substantially disruptive4 conduct on such postsecondary educational institution's campus; to provide definitions; to5 provide that the Georgia Student Finance Commission shall promu lgate rules and6 regulations; to provide for compliance by postsecondary educational institutions; to provide7 for related matters; to repeal conflicting laws; and for other purposes.8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:9 SECTION 1.10 Chapter 1 of Title 20 of the Official Code of Georgia Annotated , relating to general11 provisions relative to education, is amended by adding a new article to read as follows:12 H. B. 602 (SUB) - 1 - 25 LC 61 0214S "ARTICLE 513 20-1-50.14 As used in this article, the term:15 (1) 'Campus' means the grounds and buildings owned or occupied by a postsecondary16 educational institution.17 (2) 'Convicted' or 'conviction' refers to a plea of guilty, a finding of guilty by a court of18 competent jurisdiction, or the acceptance of a plea of nolo contendere or affording of first19 offender treatment by a court of competent jurisdiction, irrespective of the pendency or20 availability of any appeal or application for collateral relief.21 (3) 'Criminal offense' means any criminal offense under Title 16 or any offense under22 federal law.23 (4) 'Date of conviction' means the date on which the trial cou rt determines guilt and24 enters judgment thereon or the date on which the court accepts a plea of nolo contendere25 or formally allows a person to receive first offender treatment.26 (5) 'Harassment' means unwelcome conduct or expressive activity directed at a student,27 administrator, faculty, staff, or visitor on campus that is so severe, pervasive, and28 objectively offensive that he or she is effectively denied equa l access to educational29 opportunities or any other benefits provided by the postsecondary educational institution.30 (6)(A) 'Materially and substantially disruptive conduct' means a person intentionally31 engaging in conduct or expressive activity which such person kn ows or reasonably32 should have known would significantly hinder another person's or group's expressive33 activity, prevent the communication of the person's or group's message, or prevent the34 transaction of business of a lawful meeting, gathering, or procession by:35 (i) Engaging in fighting, violence, or other unlawful behavior;36 (ii) Damaging or defacing property;37 H. B. 602 (SUB) - 2 - 25 LC 61 0214S (iii) Physically blocking, using threats of violence, or creating loud or sustained noise38 or vocalization intended to prevent any person from attending, listening to, viewing,39 or otherwise participating in an expressive activity;40 (iv) Occupying or materially disrupting the ingress, egress, or use of campus facilities41 without consent from the postsecondary educational institution; or42 (v) Engaging in harassment at the postsecondary educational institution.43 (B) Conduct or expressive activity shall not be considered materially and substantially44 disruptive conduct if it is protected under the Georgia Constit ution or the First45 Amendment to the United States Constitution, including, but not limited to, lawful46 protests in an unrestricted outdoor area of campus, except during times when such areas47 have been reserved in advance for other events, or minor, brief, or fleeting nonviolent48 disruptions of events that are isolated and short in duration.49 (7) 'Postsecondary educational institution' shall have the sam e meaning as 'eligible50 postsecondary institution' as set forth in Code Section 20-3-519.51 (8) 'Student' means any person who is enrolled as a student in courses for academic52 credit on a full-time, part-time, temporary, or intermittent ba sis in any postsecondary53 educational institution.54 20-1-51.55 (a) Any student who is convicted of a criminal offense, when such conviction is the result56 of a student engaging in materially and substantially disruptive conduct on the campus of57 such postsecondary educational institution, shall as of the date of conviction be denied state58 funds for any loans, grants, or scholarships provided for in Article 7 of Chapter 3 of this59 title.60 (b) Such denial of state funds shall be effective as of the fi rst day of the term, quarter,61 semester, or other similar period for which such student was en rolled immediately62 H. B. 602 (SUB) - 3 - 25 LC 61 0214S following the date of conviction and shall continue through the end of the next such term,63 quarter, semester, or other similar period.64 (c) Any postsecondary educational institution operating within this state that receives state65 funds shall agree to comply with this article in order to be eligible for its students to receive66 state funds for any loans, grants, or scholarships provided for in Article 7 of Chapter 3 of67 this title.68 20-1-52.69 The Georgia Student Finance Commission, in consultation with the University System of70 Georgia and the Technical College System of Georgia, shall prom ulgate rules and71 regulations necessary to carry out the provisions of this article. Such rules and regulations72 shall provide for relief from sanctions previously imposed unde r this article against a73 person whose conviction is subsequently overturned on appeal or through collateral relief."74 SECTION 2.75 All laws and parts of laws in conflict with this Act are repealed.76 H. B. 602 (SUB) - 4 -