Senate Bill 21
By: Senators Tillery of the 19th, Brass of the 6th, Walker III of the 20th, Harbin of the 16th,
Burns of the 23rd and others
AS PASSED SENATE
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relating to
general provisions applicable to counties, municipal corporations, and other governmental
entities, so as to waive sovereign and governmental immunities for local governments and
their officials and employees for a violation of the prohibition on immigration sanctuary
policies; to amend Code Section 42-1-11.5 of the Official Code of Georgia Annotated,
relating to compliance with immigration detainer notices, so as to provide for immunity
waivers; 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 80 of Title 36 of the Official Code of Georgia Annotated, relating to general
provisions applicable to counties, municipal corporations, and other governmental entities,
is amended by adding a new subsection to Code Section 36-80-23, relating to prohibition on
immigration sanctuary policies by local governmental entities, and certification of
compliance, to read as follows:
<ins>"(f) In the event that a local governing body acts in violation of this Code section, the
sovereign immunity of such local governing body and the governmental immunity of all
</ins>
<ins>local officials and employees of such local governing body is waived in all matters arising
from or resulting in the violation of this Code section."
</ins> SECTION 2.
Code Section 42-1-11.5 of the Official Code of Georgia Annotated, relating to compliance
with immigration detainer notices, is amended by revising said Code section as follows:
"42-1-11.5.
(a) As used in this Code section, the term:
(1) 'Custodial authority' means the commissioner if a person is in physical custody at a
penal institution, the sheriff if a person is in physical custody at a county jail, the warden
if a person is in physical custody at county correctional institution, and the chief of police
if a person is in physical custody at a municipal detention facility.
(2) 'Immigration detainer notice' means documentation issued by the federal government
requesting that a custodial authority maintain temporary custody of an illegal alien as
such term is defined in Code Section 42-4-14, including a United States Department of
Homeland Security Form I-247 document or a similar successor form.
(b) Any custodial authority who has custody of a person who is subject to an immigration
detainer notice shall:
(1) Comply with, honor, and fulfill any request made in the immigration detainer notice;
and
(2) Inform the person identified in the immigration detainer notice that the person is
being held pursuant to such notice.
<ins>(c) In the event that a custodial authority acts in violation of this Code section, the
sovereign and other governmental immunities of such custodial authority are waived in all
matters arising from or resulting in the violation of this Code section."
</ins>
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.