SB389: SB389 Law Enforcement Officers and Agencies; covered immigration officers wear visible identification during public immigration enforcement functions; require

26 LC 63 0030 Senate Bill 389 By: Senators Jackson of the 41st, Jones II of the 22nd, Parent of the 44th, Rahman of the 5th, Merritt of the 9th and others A BILL TO BE ENTITLED AN ACT To amend Chapter 1 of Title 35 of the Official Code of Georgia Annotated, relating to1 general provisions concerning law enforcement officers and agen cies, so as to require2 covered immigration officers to wear visible identification dur ing public immigration3 enforcement functions; to provide specifications for such ident ification; to prohibit such4 officers from wearing face coverings during such functions; to provide for definitions; to5 provide for related matters; to repeal conflicting laws; and for other purposes.6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7 SECTION 1.8 Chapter 1 of Title 35 of the Official Code of Georgia Annotated , relating to general9 provisions concerning law enforcement officers and agencies, is amended by adding a new10 Code section to read as follows:11 "35-1-17.1.12 (a) As used in this Code section, the term:13 (1) 'Covered immigration officer' means a person who is author ized to perform14 immigration enforcement functions and who is an officer or employee of United States15 Immigration and Custom Enforcement.16 S. B. 389 - 1 - 26 LC 63 0030 (2) 'Public immigration enforcement function' means any activity that involves the direct17 exercise of federal immigration authority through public-facing operations, including, but18 not limited to, patrol, stops, arrests, searches, interviews to determine immigration status,19 raids, checkpoint inspections, and service of judicial or admin istrative warrants. Such20 term does not include covert, nonpublic-facing operations or nonenforcement activities.21 (3) 'Visible identification' means the display of 'United States Immigration and Custom22 Enforcement' or 'ICE,' along with the covered immigration officer's last name or badge23 identification number, all in a size and format that complies w ith the requirements of24 subsection (c) of this Code section.25 (b) A covered immigration officer who directly engages in a pu blic immigration26 enforcement function within this state shall wear visible identification at all times during27 such function.28 (c) The visible identification required by subsection (b) of this Code section shall:29 (1) Display 'United States Immigration and Custom Enforcement' or 'ICE' in a size and30 format that is clearly legible from a distance of not less than 25 feet, using materials or31 markings suitable for visibility in both daylight and low-light conditions under normal32 operational conditions;33 (2) Display the covered immigration officer's last name or badge identification number34 in a manner that is clearly visible and readable during any pub lic immigration35 enforcement function; and36 (3) Be worn on the covered immigration officer's outermost garment or gear and shall37 not be hidden, concealed, or covered by tactical equipment, body armor, or accessories.38 (d) A covered immigration officer shall not wear nonmedical fa ce coverings, including39 masks, hoods, or balaclavas, which impair the visibility of the identifying information40 required under this Code section or hide, conceal, or cover such officer's face unless such41 face covering is necessary to protect the integrity of a covert , nonpublic operation or to42 guard against hazardous environmental conditions."43 S. B. 389 - 2 - 26 LC 63 0030 SECTION 2.44 All laws and parts of laws in conflict with this Act are repealed.45 S. B. 389 - 3 -