SB375: SB375 State Government; consider the definition of hinduphobia provided for in this Act to apply to laws and regulations; require certain agencies

25 LC 49 2418 Senate Bill 375 By: Senators Still of the 48th, Jones of the 10th, Esteves of the 35th and Dixon of the 45th A BILL TO BE ENTITLED AN ACT To amend Chapter 1 of Title 50 of the Official Code of Georgia Annotated, relating to1 general provisions relative to state government, so as to require certain agencies to consider2 the definition of hinduphobia provided for in this Act to apply to laws and regulations3 prohibiting discrimination on the basis of race, color, religion, or national origin; to authorize4 fact finders in certain criminal cases to consider hinduphobia when determining whether a5 defendant intentionally selected any victim or group of victims or any property as the object6 of the offense; to provide for limitations and construction; to provide for definitions; to7 provide for nonseverability; to provide for an effective date; to provide for related matters;8 to repeal conflicting laws; and for other purposes.9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:10 SECTION 1.11 Chapter 1 of Title 50 of the Official Code of Georgia Annotated , relating to general12 provisions relative to state government, is amended by adding a new Code section to read as13 follows:14 "50-1-12.1.15 (a) As used in this Code section, the term:16 S. B. 375 - 1 - 25 LC 49 2418 (1) 'Agency' means any agency, authority, department, board, b ureau, commission,17 council, corporation, entity, or instrumentality of state government and all local political18 subdivisions of this state.19 (2) 'Definition of hinduphobia' means a set of antagonistic, destructive, and derogatory20 attitudes and behaviors towards Hinduism.21 (b) An agency authorized or required to enforce any criminal o r noncriminal law or22 regulation that prohibits discrimination on the basis of race, color, religion, or national23 origin shall consider the definition of hinduphobia in the course of such enforcement.24 (c) In determining whether to seek the enhanced penalty or penalties authorized by Code25 Section 17-10-17, the state shall consider the definition of hinduphobia for the purpose of26 determining whether such penalty enhancement is authorized.27 (d) Nothing in this Code section shall be construed to diminish or infringe upon any right28 protected under the First Amendment to the United States Consti tution or the Georgia29 Constitution. Nothing in this Code section shall be construed to diminish or infringe upon30 an individual's right to engage in legally protected conduct or expressive activity pertaining31 to any matter of United States foreign policy or international affairs. Nothing in this Code32 section shall be construed to conflict with local, federal, or state discrimination laws.33 (e) Nothing in this Code section shall be construed to alter the evidentiary requirements34 pursuant to which an agency makes a determination that conduct, including harassment,35 amounts to actionable discrimination, or to diminish or infringe upon the rights protected36 under any other provision of law.37 (f) Nothing in this Code section shall be construed to impair or o t h e r w i s e a f f e c t t h e38 authority granted by law to an agency.39 (g) This Code section shall not create any right or benefit, s ubstantive or procedural, or40 any cause of action, enforceable at law or in equity, by any party against the state or any41 agency."42 S. B. 375 - 2 - 25 LC 49 2418 SECTION 2.43 In the event any section, subsection, paragraph, subparagraph, item, sentence, clause, phrase,44 or word of this Act is declared or adjudged to be invalid or unconstitutional, the remaining45 portions of this Act shall automatically be repealed upon the e ntry of such declaration or46 adjudication and shall not remain of full force and effect afte r such declaration or47 adjudication. The General Assembly declares that it would not have enacted the remaining48 parts of this Act if it had known that such portion of this Act would be declared or adjudged49 invalid or unconstitutional.50 SECTION 3.51 This Act shall become effective upon its approval by the Governor or upon its becoming law52 without such approval.53 SECTION 4.54 All laws and parts of laws in conflict with this Act are repealed.55 S. B. 375 - 3 -