---
title: SB 397. Torts; remedies for deprivation of constitutional rights of state citizens by civil immigration enforcement officers; provide
collection: bills
id: 2025-2026/sb397
cite_as: SB 397, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/sb397
md_url: https://georgiacommons.org/bills/2025-2026/sb397.md
text_url: https://georgiacommons.org/bills/2025-2026/sb397/text
source_url: https://www.legis.ga.gov/legislation/72202
date: 2026-01-14
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: 95
omitted_url: https://georgiacommons.org/bills/2025-2026/sb397.md?full=1
bill_number: SB 397
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: Senate
bill_type: bill
status_date: 2026-01-13
last_action: Senate Read and Referred
sponsors:
- Josh McLaurin
- Harold Jones
- Kim Jackson
- Nan Orrock
- Freddie Sims
- Nikki Merritt
- Sheikh Rahman
- Elena Parent
- Kenya Wicks
- RaShaun Kemp
- Jaha Howard
text_version: Introduced
has_text: true
legiscan_url: https://legiscan.com/GA/bill/SB397/2025
upstream_id: 2074009
summaries_model: claude-sonnet-5
topic_tags:
- immigration enforcement
- civil rights lawsuits
- police accountability
- tort law
- constitutional rights
---
# SB 397. Torts; remedies for deprivation of constitutional rights of state citizens by civil immigration enforcement officers; provide
## Text
Senate Bill 397
By: Senators McLaurin of the 14th, Jones II of the 22nd, Jackson of the 41st, Orrock of the
36th, Sims of the 12th 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 Senate bill would let state residents sue civil immigration enforcement officers in state court if those officers violate their constitutional rights, and would let winning plaintiffs recover attorney's fees.
### Plain-language summary
Currently, Georgia residents who believe their constitutional rights were violated by immigration enforcement personnel have limited state law tools to sue those individuals directly. This bill adds a new section to Georgia's tort law (O.C.G.A. Title 51, Chapter 1) creating a specific civil lawsuit for that situation.
Any Georgia resident, other than a government employee, could sue a person who, while taking part in civil immigration enforcement, knowingly violates the U.S. Constitution or the Georgia Constitution. Plaintiffs could seek money damages, injunctions (court orders stopping conduct), and declaratory relief. If the defendant acted under government authority and the plaintiff seeks punitive damages, courts would weigh factors like whether the officer wore a face covering, hid their identity or badge, skipped required body camera use, drove without a license plate, used crowd control weapons, or violated a related court order. Winning plaintiffs would automatically get attorney's fees and costs.
### What it does
- Creates a new state lawsuit letting Georgia residents (not government employees) sue people who knowingly violate constitutional rights while doing civil immigration enforcement.
- Allows plaintiffs to seek money damages, injunctions, and declaratory relief regardless of whether another law already covers the same conduct.
- Sets six factors courts must weigh when deciding punitive damages against defendants acting under government authority, including hiding one's identity, skipping required body cameras, or using crowd control weapons.
- Requires courts to award winning plaintiffs their attorney's fees, expert witness fees, and other litigation costs.
- Defines terms used in the new law, including 'crowd control equipment,' 'facial covering,' and 'prevailing party.'
### Who it affects
Georgia residents who believe their constitutional rights were violated during civil immigration enforcement, and the individuals carrying out that enforcement, including law enforcement officers acting under government authority. State and local government officers and employees are excluded from suing under this law.
### Why it matters
The bill would give Georgians a new, direct path to sue immigration enforcement personnel in state court over constitutional violations, with guaranteed attorney's fees for winners. It also creates specific incentives for officers to identify themselves, wear body cameras, and avoid unmarked vehicles or masks during enforcement actions.
### Key provisions
- New Code section 51-1-58(a) defines 'crowd control equipment,' 'facial covering,' and 'prevailing party' for purposes of the new law.
- Subsection (b) creates the right to sue for any Georgia resident, except government officers or employees, against anyone who knowingly violates constitutional rights while participating in civil immigration enforcement.
- Subsection (c) makes all common law remedies (money damages, injunctions, declaratory relief) available and lists six factors for judging punitive damages against defendants acting under color of law, including facial coverings, hidden identity, missing body camera footage, unmarked vehicles, use of crowd control weapons, and violation of related court orders.
- Subsection (d) requires courts to award reasonable attorney's fees, expert witness fees, and litigation costs to any plaintiff who prevails, considering how much of the relief sought was actually obtained.
- Section 2 repeals any conflicting laws.
## Status
- Status: Introduced (2026-01-13)
- Last action: Senate Read and Referred (2026-01-14)
- Sponsors: Josh McLaurin, Harold Jones, Kim Jackson, Nan Orrock, Freddie Sims, Nikki Merritt, Sheikh Rahman, Elena Parent, Kenya Wicks, RaShaun Kemp, Jaha Howard
- Official page: https://www.legis.ga.gov/legislation/72202
> The history, votes, and amendments (95 characters) are at https://georgiacommons.org/bills/2025-2026/sb397.md?full=1