House Bill 1124
By: Representatives Panitch of the 51st, McDonald III of the 26th, Evans of the 57th, Barrett
of the 24th, and Tran of the 80th
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 1 of Title 50 of the Official Code of Georgia Annotated, relating to
general provisions relative to state government, so as to require certain agencies to consider
the definition of hinduphobia provided for in this Act to apply to laws and regulations
prohibiting discrimination on the basis of race, color, religion, or national origin; to authorize
fact finders in certain criminal cases to consider hinduphobia when determining whether a
defendant intentionally selected any victim or group of victims or any property as the object
of the offense; to provide for limitations and construction; to provide for definitions; to
provide for nonseverability; to provide for an effective date; 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 50 of the Official Code of Georgia Annotated, relating to general
provisions relative to state government, is amended by adding a new Code section to read as
follows:
<ins>"50-1-12.1.
(a) As used in this Code section, the term:
</ins>
<ins>(1) 'Agency' means any agency, authority, department, board, bureau, commission,
council, corporation, entity, or instrumentality of state government and all local political
subdivisions of this state.
(2) 'Definition of hinduphobia' means a set of antagonistic, destructive, and derogatory
attitudes and behaviors towards Hinduism.
(b) An agency authorized or required to enforce any criminal or noncriminal law or
regulation that prohibits discrimination on the basis of race, color, religion, or national
origin shall consider the definition of hinduphobia in the course of such enforcement.
(c) In determining whether to seek the enhanced penalty or penalties authorized by Code
Section 17-10-17, the state shall consider the definition of hinduphobia for the purpose of
determining whether such penalty enhancement is authorized.
(d) Nothing in this Code section shall be construed to diminish or infringe upon any right
protected under the First Amendment to the United States Constitution or the Georgia
Constitution. Nothing in this Code section shall be construed to diminish or infringe upon
an individual's right to engage in legally protected conduct or expressive activity pertaining
to any matter of United States foreign policy or international affairs. Nothing in this Code
section shall be construed to conflict with local, federal, or state discrimination laws.
(e) Nothing in this Code section shall be construed to alter the evidentiary requirements
pursuant to which an agency makes a determination that conduct, including harassment,
amounts to actionable discrimination, or to diminish or infringe upon the rights protected
under any other provision of law.
(f) Nothing in this Code section shall be construed to impair or otherwise affect the
authority granted by law to an agency.
(g) This Code section shall not create any right or benefit, substantive or procedural, or
any cause of action, enforceable at law or in equity, by any party against the state or any
agency."
</ins>
SECTION 2.
In the event any section, subsection, paragraph, subparagraph, item, sentence, clause, phrase,
or word of this Act is declared or adjudged to be invalid or unconstitutional, the remaining
portions of this Act shall automatically be repealed upon the entry of such declaration or
adjudication and shall not remain of full force and effect after such declaration or
adjudication. The General Assembly declares that it would not have enacted the remaining
parts of this Act if it had known that such portion of this Act would be declared or adjudged
invalid or unconstitutional.
SECTION 3.
This Act shall become effective upon its approval by the Governor or upon its becoming law
without such approval.
SECTION 4.
All laws and parts of laws in conflict with this Act are repealed.