SB397: SB397 Torts; remedies for deprivation of constitutional rights of state citizens by civil immigration enforcement officers; provide

26 LC 44 3290ER 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 to1 general provisions regarding torts, so as to provide for remedi es for deprivation of2 constitutional rights of state citizens by civil immigration enforcement officers; to provide3 for definitions; to provide for a short title; to provide for related matters; to repeal conflicting4 laws; and for other purposes.5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6 SECTION 1.7 Chapter 1 of Title 51 of the Official Code of Georgia Annotated , relating to general8 provisions regarding torts, is amended by adding a new Code section to read as follows:9 "51-1-58.10 (a) As used in this Code section, the term:11 (1) 'Crowd control equipment' means kinetic impact projectiles , compressed air12 launchers, such as PLS and FN303, oleoresin capsicum spray, CS gas, CN gas, or other13 chemical irritants, 40 millimeter munitions launchers, less-let hal shotguns, less-lethal14 specialty impact-chemical munitions, controlled noise and light distraction devices, and15 electronic control weapons.16 S. B. 397 - 1 - 26 LC 44 3290ER (2) 'Facial covering' means a facial covering designed to prot ect against exposure to17 smoke during a state of emergency related to wildfires, or protective gear used by special18 weapons and tactics team officers necessary to protect their faces from harm while they19 perform their responsibilities, but does not include medical gr ade masks designed to20 prevent the transmission of diseases.21 (3) 'Prevailing party' means any individual:22 (A) Who obtains some of his or her requested relief through a judicial judgment in his23 or her favor;24 (B) Who obtains some of his or her requested relief through any settlement agreement25 approved by a court of competent jurisdiction; or26 (C) Whose pursuit of a nonfrivolous claim was a catalyst for a unilateral change in27 position by the opposing party relative to the relief sought.28 (b) Any resident of this state, other than an officer or emplo y e e o f a s t a t e o r l o c a l29 governmental entity in this state, may bring a civil action against any person who, while30 participating in civil immigration enforcement, knowingly engages in conduct that violates31 the United States Constitution or the Constitution of this state.32 (c) All monetary, injunctive, and declaratory relief available at common law is available33 under this Code section for a violation of this Code section wi thout regard to whether a34 plaintiff may have a claim under any other statute or common la w cause of action. If a35 plaintiff seeks punitive damages against a defendant who commit ted a violation of this36 Code section while acting under color of law, the following shall be factors in determining37 the reprehensibility of the defendant's conduct whether:38 (1) The defendant wore a facial covering while committing the violation;39 (2) At the time of the violation, the defendant was a law enforcement officer who failed40 to identify or disclose that he or she was a law enforcement officer either verbally or by41 wearing identifying insignia, such as a badge, agency logo, or patch, or by providing his42 or her name, badge or identification number, and the employing agency or department;43 S. B. 397 - 2 - 26 LC 44 3290ER (3) At the time of the violation, the defendant was a law enfo rcement officer who was44 required by state or federal law or regulation or agency policy to wear and use an45 officer-worn body camera during the type of activity that gave rise to the deprivation of46 rights and failed to do so;47 (4) The defendant was operating or using a motor vehicle without a license plate;48 (5) The defendant used crowd control equipment at the time of the violation; or49 (6) The defendant intentionally violated or failed to comply w ith any material term or50 condition of a court order or consent decree that was issued by a court that applied to the51 person acting under color of law, and that was issued or entered into in part to address or52 prevent future violations of this Code section relating to the conduct complained of.53 (d) Upon motion, a court shall award reasonable attorney's fees and costs, including expert54 witness fees and other litigation expenses, to a plaintiff who is a prevailing party in any55 action brought under this Code section. In awarding reasonable attorney's fees, the court56 shall consider the degree to which the relief obtained relates to the relief sought."57 SECTION 2.58 All laws and parts of laws in conflict with this Act are repealed.59 S. B. 397 - 3 -