Georgia CommonsHB 363: Crimes and offenses; criminal trespass; include religious worship and observance or acknowledging the death of an individual
Last action February 12, 2025 · House Second Readers
A Georgia House bill would expand the state's criminal trespass law so that intentionally disrupting religious services or gatherings honoring a deceased person becomes a crime when done in a threatening way.
The summaries below were written by an AI model (claude-sonnet-5) from the text of the bill and are not part of it. Quote the text, not the summary. The stored text is the Introduced version, the latest LegiScan holds.
In plain language
Georgia's criminal trespass law (O.C.G.A. § 16-7-21) currently covers things like entering someone's property without permission. This bill adds a new subsection making it a crime to knowingly enter and remain on someone else's property without authority and willfully and maliciously interrupt or disturb a gathering held for religious worship or observance, or a gathering meant to acknowledge someone's death, such as a funeral or memorial. The new offense only applies when the disruption happens in a way that a reasonable person would see as a threat to the safety of the people gathered. The bill does not change penalties elsewhere in the criminal trespass statute; it simply adds this new category of conduct. If passed, the change would take effect under the bill's general provisions repealing conflicting laws.
What the bill does
- Adds a new subsection (f) to Georgia's criminal trespass law (O.C.G.A. § 16-7-21) covering disruptions of religious gatherings and death-related gatherings such as funerals.
- Makes it a crime to knowingly and without authority enter and remain on another person's property while willfully and maliciously interrupting such a gathering.
- Limits the new offense to situations where a reasonable person would conclude the disruptor poses a threat to the safety of those assembled.
- Repeals any existing laws that conflict with this new provision.
Who it affects
People who attend or hold religious worship services, funerals, or memorial gatherings on private property, and anyone who might enter such property intending to disrupt those events. Property owners hosting these gatherings and law enforcement handling trespass complaints are also affected.
Why it matters
Georgians attending church services, funerals, or memorials on private property would gain a specific legal protection against people who enter the property to threateningly disrupt those events, giving prosecutors a clearer criminal trespass charge to use in such cases.
Key provisions
- Section 1 amends O.C.G.A. § 16-7-21 by adding subsection (f), which defines the new criminal trespass offense.
- The offense requires knowingly and without authority entering and remaining on another's land, plus willfully and maliciously interrupting a qualifying gathering.
- The disturbance must be severe enough that a reasonable person would conclude the actor is a threat to the safety of those assembled.
- Section 2 repeals any conflicting laws but does not specify further effective date details.
From the bill
“A person commits the offense of criminal trespass when he or she knowingly and without authority enters and remains upon the land or premises of another person and willfully and maliciously interrupts or disturbs any assembly of people met or convened for purposes of religious worship or observance or for purposes of acknowledging the death of an individual”
Status timeline
- House Second Readers (House)
- House First Readers (House)
- House Hopper (House)
Sponsors
- Deborah Silcox (R, HD-053)
- Matt Reeves (R, HD-099)
- Trey Kelley (R, HD-016)
- Clint Crowe (R, HD-118)
- Esther Panitch (D, HD-051)
Topics
- criminal trespass
- religious freedom
- funeral protection
- public safety law