---
title: HB 1044. Torts; deprivation of constitutional rights of state citizens by civil immigration enforcement officers; provide remedies
collection: bills
id: 2025-2026/hb1044
cite_as: HB 1044, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/hb1044
md_url: https://georgiacommons.org/bills/2025-2026/hb1044.md
text_url: https://georgiacommons.org/bills/2025-2026/hb1044/text
source_url: https://www.legis.ga.gov/legislation/72374
date: 2026-01-29
status: introduced
corpus_version: bills-2026-09-13
license: Public record of the Georgia General Assembly, via LegiScan; see about.md
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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omitted: votes and history
omitted_chars: 129
omitted_url: https://georgiacommons.org/bills/2025-2026/hb1044.md?full=1
bill_number: HB 1044
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: House
bill_type: bill
status_date: 2026-01-27
last_action: House Second Readers
sponsors:
- Shea Roberts
- Samuel Park
- Omari Crawford
- Tanya Miller
- Stacey Evans
- Eric Bell
text_version: Introduced
has_text: true
legiscan_url: https://legiscan.com/GA/bill/HB1044/2025
upstream_id: 2095182
summaries_model: claude-sonnet-5
topic_tags:
- immigration enforcement
- civil rights lawsuits
- constitutional rights
- police accountability
- tort law
---
# HB 1044. Torts; deprivation of constitutional rights of state citizens by civil immigration enforcement officers; provide remedies
## Text
House Bill 1044
By: Representatives Roberts of the 52nd, Park of the 107th, Crawford of the 89th, Miller of the
62nd, Evans of the 57th, and others
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to
general provisions regarding torts, so as to provide for remedies for deprivation of
constitutional rights of state citizens by civil immigration enforcement officers; to provide
for definitions; to provide for a short title; to provide for related matters; to repeal conflicting
laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general
provisions regarding torts, is amended by adding a new Code section to read as follows:
"51-1-58.
(a) As used in this Code section, the term:
(1) 'Crowd control equipment' means kinetic impact projectiles, compressed air
launchers, such as PLS and FN303, oleoresin capsicum spray, CS gas, CN gas, or other
chemical irritants, 40 millimeter munitions launchers, less-lethal shotguns, less-lethal
specialty impact-chemical munitions, controlled noise and light distraction devices, and
electronic control weapons.
(2) 'Facial covering' means a facial covering designed to protect against exposure to
smoke during a state of emergency related to wildfires, or protective gear used by special
weapons and tactics team officers necessary to protect their faces from harm while they
perform their responsibilities, but does not include medical grade masks designed to
prevent the transmission of diseases.
(3) 'Prevailing party' means any individual:
(A) Who obtains some of his or her requested relief through a judicial judgment in his
or her favor;
(B) Who obtains some of his or her requested relief through any settlement agreement
approved by a court of competent jurisdiction; or
(C) Whose pursuit of a nonfrivolous claim was a catalyst for a unilateral change in
position by the opposing party relative to the relief sought.
(b) Any resident of this state, other than an officer or employee of a state or local
governmental entity in this state, may bring a civil action against any person who, while
participating in civil immigration enforcement, knowingly engages in conduct that violates
the United States Constitution or the Constitution of this state.
(c) All monetary, injunctive, and declaratory relief available at common law is available
under this Code section for a violation of this Code section without regard to whether a
plaintiff may have a claim under any other statute or common law cause of action. If a
plaintiff seeks punitive damages against a defendant who committed a violation of this
Code section while acting under color of law, the following shall be factors in determining
the reprehensibility of the defendant's conduct whether:
(1) The defendant wore a facial covering while committing the violation;
(2) At the time of the violation, the defendant was a law enforcement officer who failed
to identify or disclose that he or she was a law enforcement officer either verbally or by
wearing identifying insignia, such as a badge, agency logo, or patch, or by providing his
or her name, badge or identification number, and the employing agency or department;
(3) At the time of the violation, the defendant was a law enforcement officer who was
required by state or federal law or regulation or agency policy to wear and use an
officer-worn body camera during the type of activity that gave rise to the deprivation of
rights and failed to do so;
(4) The defendant was operating or using a motor vehicle without a license plate;
(5) The defendant used crowd control equipment at the time of the violation; or
(6) The defendant intentionally violated or failed to comply with any material term or
condition of a court order or consent decree that was issued by a court that applied to the
person acting under color of law, and that was issued or entered into in part to address or
prevent future violations of this Code section relating to the conduct complained of.
(d) Upon motion, a court shall award reasonable attorney's fees and costs, including expert
witness fees and other litigation expenses, to a plaintiff who is a prevailing party in any
action brought under this Code section. In awarding reasonable attorney's fees, the court
shall consider the degree to which the relief obtained relates to the relief sought."
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.
## Summaries written by Georgia Commons
The following was written by claude-sonnet-5 from the text above and is not part of the bill. Quote the text, not the summary.
A Georgia House bill would let state residents sue civil immigration enforcement officers who knowingly violate their constitutional rights, and would let winning plaintiffs collect attorney's fees and, in some cases, punitive damages.
### Plain-language summary
Currently, Georgia law does not have a specific state-level civil claim aimed at civil immigration enforcement officers who violate someone's constitutional rights. This bill would add a new Code section (O.C.G.A. ยง 51-1-58) to Georgia's tort law letting any state resident, other than a government officer or employee, sue a person who knowingly violates the U.S. Constitution or the Georgia Constitution while participating in civil immigration enforcement.
The bill spells out available remedies, including money damages, injunctions (court orders stopping certain conduct), and declaratory relief (a court statement of legal rights), regardless of whether other laws also cover the conduct. It lists factors a court must weigh when deciding how reprehensible a defendant's conduct was for purposes of punitive damages, such as wearing a facial covering, failing to identify as an officer, not using a required body camera, using an unmarked vehicle, or using crowd control equipment. Winning plaintiffs would be entitled to attorney's fees and litigation costs.
### What it does
- Creates a new civil lawsuit that Georgia residents can bring against people who knowingly violate their constitutional rights while doing civil immigration enforcement.
- Excludes government officers and employees from being able to bring this particular lawsuit.
- Allows courts to award money damages, injunctions, and declaratory relief without regard to other available legal claims.
- Directs courts to consider specific aggravating factors, like wearing a mask or failing to identify as law enforcement, when deciding punitive damages.
- Requires courts to award attorney's fees and litigation costs to plaintiffs who win or achieve a favorable settlement or change in the other side's position.
### Who it affects
The bill affects people who conduct civil immigration enforcement, including law enforcement officers who may face lawsuits, and Georgia residents who could sue them for constitutional violations. It also affects courts, which would handle these new claims and decide fee awards.
### Why it matters
If enacted, Georgians who believe their constitutional rights were violated during civil immigration enforcement would gain a specific state legal avenue to sue, including the possibility of recovering attorney's fees. Officers involved in such enforcement could face added legal exposure, particularly if they wore facial coverings, failed to identify themselves, or lacked required body camera footage.
### Key provisions
- Section 1 adds new Code section 51-1-58 to Chapter 1 of Title 51, defining terms including 'crowd control equipment,' 'facial covering,' and 'prevailing party.'
- Subsection (b) creates the right for any state resident, other than a government officer or employee, to sue anyone who knowingly violates constitutional rights while engaged in civil immigration enforcement.
- Subsection (c) makes all common law remedies (money damages, injunctions, declarations) available under this new claim and lists six factors courts must weigh for punitive damages, such as wearing a mask, failing to identify as an officer, lacking a required body camera, using an unmarked vehicle, or using crowd control equipment.
- Subsection (d) requires courts to award reasonable attorney's fees and litigation costs to plaintiffs who prevail, considering how much of the relief sought was actually obtained.
- Section 2 repeals any conflicting laws.
## Status
- Status: Introduced (2026-01-27)
- Last action: House Second Readers (2026-01-29)
- Sponsors: Shea Roberts, Samuel Park, Omari Crawford, Tanya Miller, Stacey Evans, Eric Bell
- Official page: https://www.legis.ga.gov/legislation/72374
> The history, votes, and amendments (129 characters) are at https://georgiacommons.org/bills/2025-2026/hb1044.md?full=1