HB 319: Crimes and offenses; illegal aliens; penalties for state and local officials and employees for noncompliance; provide

Georgia law already makes it a crime to conceal, harbor, or shield someone in the country illegally who has committed a crime (O.C.G.A. § 16-11-201). That law currently exempts government employees who shelter an illegal alien if that person is a crime victim, a witness in a legal case, or is being held in a jail or detention facility. This bill deletes that exemption entirely. In its place, it adds a new rule making it illegal for any state or local official or employee to knowingly and willfully violate state laws meant to stop the harboring of illegal aliens. Officials found to violate this could be prosecuted by the Attorney General and could be removed from office and replaced by the Governor, in addition to whatever criminal penalties already apply under the existing law.

• Removes the current legal exception that protects government employees who shelter illegal aliens who are crime victims, witnesses, or held in detention facilities.
• Creates a new offense making it illegal for a state or local official or employee to knowingly and willfully violate state laws against harboring illegal aliens.
• Gives the Attorney General authority to prosecute state or local officials or employees for this new offense.
• Allows the Governor to remove and replace any state or local official or employee found to have violated the law.
• Adds these new penalties on top of the existing criminal penalties already in the harboring law.

State and local government officials and employees across Georgia, including those who work with immigrants, crime victims, or witnesses, are affected. The change also touches immigrants who are crime victims or witnesses, since the protection that shielded officials who assisted them is being removed.

Government employees who currently help an illegal alien who is a crime victim, a witness, or in custody would lose the legal protection they now have under this specific exception. Officials who fail to enforce anti-harboring laws could face prosecution by the Attorney General or removal from office by the Governor.

• Section 1 revises subsection (d) of O.C.G.A. § 16-11-201, which currently exempts government employees from the harboring offense when helping victims, witnesses, or detainees.
• The revision deletes that exemption and replaces it with a new rule making it illegal for officials or employees to knowingly and willfully violate state anti-harboring laws.
• Violators are subject to prosecution by the Attorney General and possible removal and replacement by the Governor, in addition to existing penalties under subsection (c).
• Section 2 repeals any other Georgia laws that conflict with this Act.

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