HB1053: HB1053 Law enforcement officers and agencies; local law enforcement involvement with immigration and cooperation with federal authorities; repeal provisions

26 LC 63 0058 House Bill 1053 By: Representatives Lim of the 98th, Romman of the 97th, Sanchez of the 42nd, Wilkerson of the 38th, Lupton of the 83rd, and others A BILL TO BE ENTITLED AN ACT To amend Title 35 of the Official Code of Georgia Annotated, relating to law enforcement1 officers and agencies, so as to repeal provisions relating to l ocal law enforcement2 involvement with immigration and cooperation with federal autho rities; to provide for3 immigration certifications for victims of certain crimes; to provide a process for obtaining4 such certifications; to provide for deadlines; to provide for notice of decisions about requests5 for immigration certifications; to provide for appeal; to provide for information sharing with6 federal immigration officers; to provide for immunity; to provi de for annual reports; to7 provide for training; to provide for enforcement; to provide for civil remedies; to provide for8 attorney fees and costs; to provide for investigations by the Attorney General; to provide for9 and revise definitions; to amend Title 17 of the Official Code of Georgia Annotated, relating10 to criminal procedure, so as to repeal provisions relating to the verification of immigration11 status; to amend Title 36 of the Official Code of Georgia Annot ated, relating to local12 government, so as to repeal provisions relating to immigration sanctuary policies; to amend13 Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, so as to14 repeal provisions relating to reports regarding foreign-born inmates in custody, compliance15 with immigration detainer notices, and reporting requirements; to remove verification of16 immigration status; to remove the requirement for an interprete r and records of17 communications; to remove penalties; to amend Title 45 of the O fficial Code of Georgia18 H. B. 1053 - 1 - 26 LC 63 0058 Annotated, relating to public offi cers and employees, so as to revise the authority of the19 Attorney General regarding certain investigations and prosecutions; to amend Title 50 of the20 Official Code of Georgia Annotated, relating to state government, so as to make confirming21 changes; to revise requirements for compliance; to provide for related matters; to repeal22 conflicting laws; and for other purposes.23 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:24 PART I25 SECTION 1-1.26 Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and27 agencies, is amended by repealing Code Section 35-1-17, relatin g to state and local law28 enforcement actions relating to immigration laws, authority, im munity, and penalty, and29 enacting a new Code Section 35-1-17 to read as follows:30 "35-1-17.31 (a) As used in this Code section, the term:32 (1) 'Certification form' means a law enforcement certification form or statement required33 by federal immigration law certifying that a person is a victim of qualifying criminal34 activity, including, but not limited to, the information requir ed by Section 1184(p) of35 Title 8 of the United States Code, including current United Sta tes Citizenship and36 Immigration Services Form I-918, Supplement B, or any successor form, for purposes of37 obtaining a U visa or the information required by Section 1184(o) of Title 8 of the United38 States Code, including current United States Citizenship and Immigration Services Form39 I-914, Supplement B, or any successor form, for purposes of obtaining a T visa.40 (2) 'Certifying agency' means a state or local law enforcement agency, prosecutor, or41 other public entity that has responsibility for the investigati on or prosecution of42 H. B. 1053 - 2 - 26 LC 63 0058 qualifying criminal activity, including any state agency or dep artment that conducts43 criminal investigations.44 (3) 'Certifying official' means a person designated under subs ection (b) of this Code45 section.46 (4) 'Qualifying criminal activity' means any activity, regardl ess of the stage of47 investigation or prosecution, that is designated in Section 1101(a)(15)(U)(iii) of Title 848 of the United States Code, and in any implementing federal regulations, supplementary49 information, guidance, and instructions applicable to such federal provision.50 (5) 'Victim of qualifying crim inal activity' means a person de scribed in51 Section 1101(a)(15)(U)(i)(I) of Title 8 of the United States Code or in the definition of52 'victim of a severe form of trafficking' or 'victim of trafficking' in Section 7102 of Title 2253 of the United States Code, and in any implementing federal regulations, supplementary54 information, guidance, and instructions applicable to such federal provision.55 (b) The head of each certifying agency shall designate an offi cial or officials in56 supervisory roles either within such agency or, by agreement, f rom another agency with57 concurrent jurisdiction over the same geographic area or subject matter to be a certifying58 official. Such certifying officials shall not be members of a collective bargaining unit59 represented by a labor organization unless the official is an attorney or is employed in an60 agency in which all supervisory officials are members of a collective bargaining unit. Such61 certifying officials shall:62 (1) Respond to requests for completion of certification forms received by the certifying63 agency as required by this Code section; and64 (2) Make information regarding such agency's procedures for ce rtification requests65 publicly available for victims of qualifying criminal activity and their representatives.66 (c) Any person seeking completion of a certification form shal l submit a request for67 completion of such form to the certifying official for any cert ifying agency that68 investigated or prosecuted the criminal activity upon which the request is based.69 H. B. 1053 - 3 - 26 LC 63 0058 (d) A request for completion of a certification form under thi s Code section may be70 submitted by a representative of the person seeking the certification form, including, but71 not limited to, an attorney, a United States Department of Justice accredited representative,72 or a domestic violence or sexual assault services provider.73 (e) Upon receiving a request for completion of a certification form, a certifying official74 shall complete such form for any alleged victim of qualifying c riminal activity. In75 completing the certification form, there is a rebuttable presum ption that such victim is76 helpful, has been helpful, or is likely to be helpful to the investigation or prosecution of that77 qualifying criminal activity if such victim has not previously refused or failed to provide78 information and assistance reasonably requested by the certifying agency. The certifying79 official shall fully complete and sign the certification form a nd, regarding victim80 helpfulness, include specific details about the nature of the crime investigated or prosecuted81 and a detailed description of such victim's helpfulness or like ly helpfulness to the82 investigation or prosecution of the qualifying criminal activity.83 (f)(1) The certifying official shall complete the certification form and provide it to the84 person requesting completion of such form within 90 business da ys of receiving the85 request; provided, however, that:86 (A) If the alleged victim of qualifying criminal activity is i n federal immigration87 removal proceedings or detained, the certifying official shall complete and provide the88 certification form to such person no later than 21 business day s after the request is89 received by the certifying agency;90 (B) If the children, parents, or siblings of the alleged victi m of qualifying criminal91 activity would become ineligible for benefits under Sections 11 84(p) and 1184(o) of92 Title 8 of the United States Code by virtue of such victim's children having reached the93 age of 21 years, such victim having reached the age of 21 years, or such victim's sibling94 having reached the age of 18 years within 90 business days from the date that the95 certifying official receives the certification request, the certifying official shall complete96 H. B. 1053 - 4 - 26 LC 63 0058 and provide the certification form to such person no later than 21 business days after97 the request is received by the certifying agency; or98 (C) If the children, parents, or siblings under paragraph (2) of this subsection would99 become ineligible for benefits under Sections 1184(p) and 1184( o) of Title 8 of the100 United States Code within 21 business days of receipt of the certification request, the101 certifying official shall complete and provide a certification form to such person within102 five business days.103 (2) A certifying official may extend the time period by which he or she must complete104 and provide the certification form as required under this subse ction only upon written105 agreement with the person making the request or such person's representative. Requests106 for expedited completion of a certification form under paragraph (1) of this subsection107 shall be affirmatively raised in writing to the certifying agency by the person making the108 request or such person's representative and shall establish tha t the alleged victim of109 qualifying criminal activity for whom the certification form is requested is eligible for110 expedited review.111 (g) A person who receives a certification form under this Code section may request the112 certifying agency to reissue the form as needed. When a reques t to reissue is made, the113 certifying official who issued the initial certification form shall complete and reissue such114 form within 90 business days of receiving the request. If the person seeking a reissued115 certification form has a deadline to respond to a request for evidence from United States116 Citizenship and Immigration Services, the certifying official shall complete and reissue the117 form no later than 21 business days after the request is received by the certifying official. 118 Requests for expedited reissuance shall be affirmatively raised in writing by the person119 making the request or such person's representative and shall es tablish that the person is120 eligible for expedited review. A certifying official may extend the deadline by which he121 or she will complete and reissue the certification form only upon written agreement with122 the person making the request or such person's representative.123 H. B. 1053 - 5 - 26 LC 63 0058 (h)(1) Notwithstanding any other provision of this Code sectio n, a certifying official's124 completion of a certification form shall not be considered conc lusive evidence that an125 applicant for a U or T visa has met all eligibility requirement s for that visa and126 completion of a certification form by a certifying official sha ll not be construed to127 guarantee that the applicant will receive federal immigration r elief. It is the exclusive128 responsibility of federal immigration officials to determine whether a person is eligible129 for a U or T visa. Completion of a certification form by a cer tifying official merely130 verifies factual information relevant to the federal immigration benefit sought, including,131 but not limited to, information relevant for federal immigratio n officials to determine132 eligibility for a U or T visa. By completing a certification f orm, the certifying official133 attests that the information is true and correct to the best of such official's knowledge.134 (2) No provision in this Code section shall limit the manner in which a certifying agency135 or certifying official describes whether the person requesting a certification form has136 cooperated and been helpful to the certifying agency nor shall it limit a certifying agency137 or certifying official from providing any additional information such agency or official138 determines is relevant to a federal immigration officer's adjud ication of a U or T visa139 application. If, after completion of a certification form, the certifying agency or140 certifying official determines that the person requesting the f orm was not a victim of141 qualifying criminal activity or such person unreasonably refuse s to assist in the142 investigation or prosecution of the qualifying criminal activit y of which he or she is a143 victim, the certifying agency or certifying official shall be a uthorized to notify United144 States Citizenship and Immigration Services in writing.145 (i) A certifying agency or certifying official receiving reque sts for completion of146 certification forms shall not disclose the immigration status o f any person requesting147 completion of such forms; provided, however, that immigration status shall be disclosed148 if required by federal or state law or a court order, or if authorized by the person requesting149 the certification form.150 H. B. 1053 - 6 - 26 LC 63 0058 (j) If a certifying official determines that the person is not a victim of qualifying criminal151 activity, the certifying official shall provide written notice to such person or such person's152 representative explaining why the available evidence does not support such a finding. The153 certifying official shall submit the notice to the address provided in the initial request and154 shall provide contact information so that the person or such pe rson's representative can155 appeal the decision. The certifying agency shall review and respond to any such appeals156 within 30 business days.157 (k) Notwithstanding subsection (j) of this Code section, no su ch person or person's158 representative is required to file an appeal or otherwise exhau st any administrative159 remedies with a certifying agency under subsection (j) of this Code section before filing160 an action for mandamus or other equitable relief in a court of competent jurisdiction to161 enforce this Code section.162 (l) A certifying agency or certifying official acting in good faith compliance with this Code163 section shall have immunity from civil or criminal liability that might otherwise occur as164 a result of so acting or failing to act, with the exception of willful or wanton misconduct.165 (m) No certifying agency or certifying official shall be liabl e for attorney fees or costs166 associated with the filing of an action seeking enforcement of this Code section unless the167 party seeking enforcement demonstrates willful or wanton misconduct by such agency or168 official.169 (n)(1) To ensure compliance with this Code section, certifying agencies shall submit a170 report annually to the Attorney General that includes the following:171 (A) The date of receipt of each request for completion of a certification form under this172 Code section; and173 (B) The date on which the certifying agency provided the completed certification form174 to the person seeking completion of the form or provided written notice explaining why175 the available evidence did not support a finding that the perso n was a victim of176 qualifying criminal activity.177 H. B. 1053 - 7 - 26 LC 63 0058 (2) If a certifying agency receives no requests for completion of a certification form178 during a reporting period, the agency shall certify and report to the Attorney General that179 no such requests were received.180 (3) Certifying agencies shall not include names or other personal identifying information181 in any reports submitted under this Code section.182 (o) Each certifying agency shall arrange for annual training f or certifying officials183 regarding the requirements of this Code section.184 (p)(1) The Attorney General shall have authority to conduct investigations into violations185 of this Code section and to:186 (A) Require a certifying agency or certifying official to file a written statement or187 report under oath that contains information requested by the Attorney General;188 (B) Examine under oath a certifying official or any other pers on alleged to have189 knowledge about an alleged violation of this Code section; and190 (C) Issue subpoenas, obtain records, conduct hearings, or take any other actions in aid191 of any investigation under this Code section.192 (2) If a certifying agency, certifying official, or any other person alleged to have193 knowledge about an alleged violation of this Code section fails to comply, in whole or194 in part, with a subpoena or other investigative request issued pursuant to this paragraph,195 the Attorney General is authorized to seek compliance through a court of competent196 jurisdiction.197 (3) The Attorney General is authorized to file an action for declaratory, injunctive, or any198 other equitable relief in a court of competent jurisdiction against any certifying agency199 or certifying official that violates any provision of this Code section.200 (4) The remedies under this subsection are in addition to any other available remedies.201 (a) Legislative intent. It is the intent of the General Assembly to promote complianc e202 with state law related to deterring the presence of criminal il legal aliens and require203 Georgia law enforcement officials to work in conjunction with f ederal immigration204 H. B. 1053 - 8 - 26 LC 63 0058 authorities and to utilize all resources made available by the federal government to assist205 state and local law enforcement officers in the enforcement of the laws of this state and of206 the United States.207 (b) Cooperation with federal authorities.208 (1) To the extent authorized by federal law, state and local g overnment employees,209 including law enforcement officers and prosecuting attorneys, s hall send, receive, and210 maintain information relating to the immigration status of any individual as reasonably211 needed for public safety purposes. Except as provided by federal law, such employees212 shall not be prohibited from receiving or maintaining informati on relating to the213 immigration status of any individual or sending or exchanging s uch information with214 other federal, state, or local governmental entities or employees for official public safety215 purposes;216 (2) State and local agencies shall promote compliance with state law related to deterring217 the presence of criminal illegal aliens and shall be authorized to enter into memorandums218 of understanding and memorandums of agreement with the United States Department of219 Justice, the Department of Homeland Security, or any other fede ral agency for the220 purpose of enforcing federal immigration laws, including 287(g) of the Illegal221 Immigration Reform and Immigrant Responsibility Act of 1996 or a similar federal222 program. A local agency shall seek such memorandums of understanding annually when223 no current memorandum of agreement is in effect;224 (3) Except as provided by federal law, no state or local agenc y or department shall be225 prohibited from utilizing available federal resources, includin g data bases, equipment,226 grant funds, training, or participation in incentive programs for any public safety purpose227 related to the enforcement of state and federal immigration laws; and228 (4) When reasonably possible, applicable state agencies shall consider incentive229 programs and grant funding for the purpose of assisting and encouraging state and local230 H. B. 1053 - 9 - 26 LC 63 0058 agencies and departments to enter into agreements with federal entities and to utilize231 federal resources consistent with the provisions of this Code section.232 (c) Authority to transport illegal aliens. If a state or local law enforcement officer has233 verification that a person is an illegal alien, then such officer shall be authorized to securely234 transport such illegal alien to a federal facility in this state or to any other temporary point235 of detention and to reasonably detain such illegal alien when a uthorized by a federal236 immigration detainer or federal arrest warrant. Nothing in thi s Code section shall be237 construed to hinder or prevent a peace officer or law enforceme nt agency from arresting238 or detaining any criminal suspect on other criminal charges.239 (d) Authority to arrest illegal aliens. When authorized by federal law, a state or local240 law enforcement officer shall be authorized to arrest any perso n based on such person's241 status as an illegal alien or for a violation of any federal immigration law.242 (e) Immunity. A law enforcement officer or government official or employee, acting in243 good faith to enforce immigration laws pursuant to a memorandum or an agreement with244 federal authorities to collect or share immigration status information, or to carry out any245 provision of this Code section, shall have immunity from damages or liability from such246 actions.247 (f) Penalty. A local governing body of a law enforcement agency that violates this Code248 section shall be subject to the withholding of state funding or state administered federal249 funding other than funds for the purposes of providing those se rvices specified in250 subsection (d) of Code Section 50-36-1. As a condition of fund ing to a local governing251 body, the Department of Community Affairs, the Department of Tr ansportation, or any252 other state agency that provides funding to local governing bodies shall require certification253 pursuant to Code Section 50-36-4 as proof of compliance with th is Code section. No254 county commission shall be subject to the withholding of state or federal funding pursuant255 to this subsection when a sheriff or his or her employee violates this Code section."256 H. B. 1053 - 10 - 26 LC 63 0058 SECTION 1-2.257 Said title is further amended by revising Code Section 35-3-160, relating to DNA analysis258 in felony convictions and certain felony charges and performance of tests, as follows:259 "35-3-160.260 (a) As used in this article, the term:261 (1) 'Department' means the Department of Corrections.262 (2) 'Detention facility' means a penal institution under the jurisdiction of the department,263 including penal institutions operated by a private company on behalf of the department,264 inmate work camps, inmate boot camps, probation detention centers, parole revocation265 centers, and county correctional facilities.266 (3) 'Division' means the Division of Forensic Sciences of the bureau.267 (b)(1) A sample of deoxyribonucleic acid (DNA) shall be collected by oral swab or other268 noninvasive procedure from any individual:269 (A) Who has been convicted of a felony and is currently incarc erated in a detention270 facility, serving a probation sentence, or serving under the ju risdiction of the State271 Board of Pardons and Paroles for such felony; or272 (B) Who has been charged with a felony, and sentence for such offense has been273 imposed pursuant to Article 3 of Chapter 8 of Title 42 or pursuant to subsection (a) or274 (c) of Code Section 16-13-2; or275 (C) Who has been convicted of a felony and is subject to an im migration detainer276 notice as such term is defined in Code Section 42-1-11.5.277 (2) Unless a DNA sample has already been collected by the depa rtment or another278 agency or entity, each DNA sample required by paragraph (1) of this subsection shall be279 collected by the detention facility which is detaining or the e ntity which is supervising280 such individual, and the sample shall be forwarded to the division.281 (3) Paragraph (1) of this subsection shall not apply to any individual for a conviction for282 a misdemeanor, to any individual who is charged with a misdemeanor and the sentence283 H. B. 1053 - 11 - 26 LC 63 0058 for such misdemeanor is imposed pursuant to Article 3 of Chapter 8 of Title 42 regarding284 first offenders, or because he or she has been charged with a misdemeanor.285 (c) DNA analysis shall be performed by the division. The division shall be authorized to286 contract with individuals or organizations for services to perf orm such analysis. The287 identifying characteristics of the profile resulting from the D NA analysis shall be stored288 and maintained by the bureau in a DNA data bank in accordance w ith Code289 Sections 35-3-162 and 35-3-163 and shall be made available only as provided in Code290 Section 35-3-163."291 PART II292 SECTION 2-1.293 Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is294 amended in Code Section 17-4-23, relating to issuance of citation in lieu of arrest, issuance295 of warrants for arrest for failure of persons charged to appear in court, and bond, by revising296 paragraph (2) of subsection (a) as follows:297 "( 2 ) A l a w e n f o r c e m e n t o f f i c e r m a y a r r e s t a p e r s o n w h o m e e t s t he minimum age298 requirements provided for in Code Section 16-3-1 accused of any misdemeanor violation299 of Code Section 16-7-21, 16-8-14, 16-8-14.1, or 16-13-30 by the issuance of a citation,300 provided that such offense is committed in his or her presence or information constituting301 a basis for such arrest was received by the arresting officer o r an investigating officer302 from another law enforcement officer or other individual observ ing or aware of such303 offense being committed. When an arrest is made for such offense, prior to releasing the304 accused on citation, the arresting law enforcement officer shal l review the accused's305 c r i m i n a l r e c o r d a s s u c h i s o n f i l e w i t h t h e F e d e r a l B u r e a u o f Investigation and the306 Georgia Crime Information Center within the Georgia Bureau of I nvestigation, a n d307 H. B. 1053 - 12 - 26 LC 63 0058 ensure that the accused's fingerprints are obtained, and shall seek to verify the308 immigration status of the accused pursuant to Code Section 17-5-100."309 SECTION 2-2.310 Said title is further amended by revising Code Section 17-5-100, relating to investigation of311 illegal alien status, as follows:312 "17-5-100.313 (a) As used in this Code section, the term:314 (1) 'Criminal violation' means a violation of state or federal criminal law but shall not315 include a violation of a county or municipal law, regulation, or ordinance.316 (2) 'Illegal alien' means a person who is verified by the federal government to be present317 in the United States in violation of the federal Immigration and Nationality Act.318 (b) Except as provided in subsection (f) of this Code section, during any investigation of319 a criminal suspect by a peace officer, when such officer has probable cause to believe that320 a suspect has committed a criminal violation, the officer shall seek to verify such suspect's321 immigration status when the suspect is unable to provide one of the following:322 (1) A secure and verifiable document as defined in Code Section 50-36-2;323 (2) A valid Georgia driver's license;324 (3) A valid Georgia identification card issued by the Department of Driver Services;325 (4) If the entity requires proof of legal presence in the United States before issuance as326 evidenced by inclusion in the list compiled by the State Law De partment pursuant to327 paragraph (5) of subsection (b) of Code Section 13-10-91, any valid driver's license from328 a state or district of the United States or any valid identification document issued by the329 United States federal government;330 (5) A document used in compliance with paragraph (2) of subsec tion (a) of Code331 Section 40-5-21;332 (6) A document set forth in subsection (d) of Code Section 42-4-14; or333 H. B. 1053 - 13 - 26 LC 63 0058 (7) Other information as to the suspect's identity that is suf ficient to allow the peace334 officer to independently identify the suspect.335 (c) When attempting to determine the immigration status of a s uspect pursuant to336 subsection (b) of this Code section, a peace officer shall be a uthorized to use any337 reasonable means available to determine the immigration status of the suspect, including:338 (1) Use of any authorized federal identification data base;339 (2) Identification methods authorized by federal law, includin g those authorized by 8340 U.S.C.A. Section 1373(c) and 8 U.S.C.A. Section 1644;341 (3) Use of electronic fingerprint readers or similar devices; or342 (4) Contacting an appropriate federal agency.343 (d) A peace officer shall not consider race, color, or national origin in implementing the344 requirements of this Code section except to the extent permitte d by the Constitutions of345 Georgia and of the United States.346 (e) If during the course of the investigation into such suspec t's identity, a peace officer347 receives verification that such suspect is an illegal alien, then such peace officer may take348 any action authorized by state and federal law, including, but not limited to, detaining such349 suspected illegal alien, securely transporting such suspect to any authorized federal or state350 detention facility, or notifying the United States Department o f Homeland Security or351 successor agency. Nothing in this Code section shall be construed to hinder or prevent a352 peace officer or law enforcement agency from arresting or detaining any criminal suspect353 on other criminal charges.354 (f) No person who in good faith contacts or has contact with a state or local peace officer355 or prosecuting attorney or member of the staff of a prosecuting attorney for the purpose of356 acting as a witness to a crime, to report criminal activity, or to seek assistance as a victim357 to a crime shall have his or her immigration status investigated based on such contact or358 based on information arising from such contact.359 H. B. 1053 - 14 - 26 LC 63 0058 (g) A peace officer, prosecuting attorney, or government offic ial or employee, acting in360 good faith to carry out any provision of this Code section, sha ll have immunity from361 damages or liability from such actions. Reserved."362 SECTION 2-3.363 Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended364 by revising Code Section 36-80-23, relating to prohibition on immigration sanctuary policies365 by local governmental entities, certification of compliance, and punishment, as follows:366 "36-80-23.367 (a) As used in this Code section, the term:368 (1) 'Federal officials or law enforcement officers' means any person employed by the369 United States government for the purpose of enforcing or regulating federal immigration370 laws and any peace officer certified by the Georgia Peace Officer Standards and Training371 Council where such federal official or peace officer is acting within the scope of his or372 her employment for the purpose of enforcing federal immigration laws or preserving373 homeland security.374 (2) 'Immigration status' means the legality or illegality of an individual's presence in the375 United States as determined by the federal Immigration and Nationality Act.376 (3) 'Immigration status information' means any information, no t including any377 information required by law to be kept confidential but otherwi se including, but not378 limited to, any statement, document, computer generated data, recording, or photograph,379 which is relevant to immigration status or the identity or loca tion of an individual who380 is reasonably believed to be illegally residing within the Unit ed States or who is381 reasonably believed to be involved in domestic terrorism in vio lation of Code Section382 16-11-221 or a terroristic act as that term is defined by Code Section 35-3-62.383 (4) 'Local governing body' means any political subdivision of this state, including any384 county, consolidated government, municipality, authority, school district, commission,385 H. B. 1053 - 15 - 26 LC 63 0058 board, or any other local public body corporate, governmental unit, sheriff's office, law386 enforcement agency, or political subdivision.387 (5) 'Local official or employee' means any elected or appointe d official, supervisor or388 managerial employee, contractor, agent, or certified peace officer acting on behalf of or389 in conjunction with a local governing body.390 (6) 'Sanctuary policy' means any regulation, rule, policy, or practice adopted by a local391 governing body which prohibits or restricts local officials or employees from complying392 with an immigration detainer notice or communicating or coopera ting with federal393 officials or law enforcement officers with regard to reporting immigration status394 information while such local official or employee is acting within the scope of his or her395 official duties.396 (b) No local governing body, whether acting through its governing body or by an initiative,397 referendum, or any other process, shall enact, adopt, implement, or enforce any sanctuary398 policy.399 (c) Any local governing body that acts in violation of this Code section shall be subject to400 the withholding of state funding or state administered federal funding other than funds to401 provide services specified in subsection (d) of Code Section 50-36-1.402 (d) As a condition of funding, the Department of Community Affairs, the Department of403 Transportation, or any other state agency that provides funding to local governing bodies404 shall require certification pursuant to Code Section 50-36-4 as proof of compliance with405 this Code section.406 (e)(1) It shall be unlawful for any local official or employee to knowingly and willfully407 violate any provision of this Code section.408 (2) A person convicted of a violation of this Code section sha ll be punished as for a409 misdemeanor. A person convicted of a second or subsequent viol ation of this Code410 section shall be punished as for a misdemeanor of a high and ag gravated nature. 411 Reserved."412 H. B. 1053 - 16 - 26 LC 63 0058 SECTION 2-4.413 Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended414 by revising Code Section 42-1-11.4, relating to reports regardi ng foreign-born inmates in415 custody, as follows:416 "42-1-11.4.417 The commissioner shall, on the official public website used by the department, publish a418 report of aggregate data on the immigration status, offenses, and home countries of inmates419 who are confined under the authority of the department who are not citizens of the United420 States and to whom the United States Immigration and Customs Enforcement Division of421 the Department of Homeland Security has issued immigration detainer notices as such term422 is defined in Code Section 42-1-11.5. Each report shall include the total number of inmates423 who are not citizens of the United States; provided, however, t hat any inmates who are424 citizens of both the United States and one or more other countries shall be designated as425 such as a separate category. Such report shall be first published on October 1, 2024, and426 every 90 days thereafter; provided, however, that if the ninetieth day falls on a state holiday427 or Saturday or Sunday, then such report shall be published the next business day. 428 Reserved."429 SECTION 2-5.430 Said title is further amended by revising Code Section 42-1-11.5, relating to compliance with431 immigration detainer notices, as follows:432 "42-1-11.5.433 (a) As used in this Code section, the term:434 (1) 'Custodial authority' means the commissioner if a person is in physical custody at a435 penal institution, the sheriff if a person is in physical custody at a county jail, the warden436 if a person is in physical custody at county correctional institution, and the chief of police437 if a person is in physical custody at a municipal detention facility.438 H. B. 1053 - 17 - 26 LC 63 0058 (2) 'Immigration detainer notice' means documentation issued by the federal government439 requesting that a custodial authority maintain temporary custod y of an illegal alien as440 such term is defined in Code Section 42-4-14, including a United States Department of441 Homeland Security Form I-247 document or a similar successor form.442 (b) Any custodial authority who has custody of a person who is subject to an immigration443 detainer notice shall:444 (1) Comply with, honor, and fulfill any request made in the immigration detainer notice;445 and446 (2) Inform the person identified in the immigration detainer n otice that the person is447 being held pursuant to such notice. Reserved."448 SECTION 2-6.449 Said title is further amended by revising Code Section 42-4-14, relating to identity450 verification of persons confined in a jail or detention facility, as follows:451 "42-4-14.452 (a) As used in this Code section, the term 'illegal alien' means a person who is verified by453 the federal government to be present in the United States in vi olation of the federal454 Immigration and Nationality Act.455 (b) When any person is confined, for any period, in the jail o f a county or a detention456 facility of a municipality or a jail operated by a regional jail authority in compliance with457 Article 36 of the Vienna Convention on Consular Relations, a re asonable effort shall be458 made within 48 hours of such person's arrival at the jail or detention facility and pursuant459 to subsection (c) or (d) of this Code section to determine:460 (1) The the nationality of the person so confined; and461 (2) That the person so confined is not an illegal alien.462 (c) If a person to be admitted to a county jail or municipal detention facility claims to be463 a consular officer or diplomat, the jailer shall attempt to obtain such person's identification464 H. B. 1053 - 18 - 26 LC 63 0058 and, upon verification of such person's status as a consular officer or diplomat, provide for465 his or her immediate release. If a person who claims to be a consular officer or diplomat466 is unable to produce credentials which provide for verification of diplomatic status, a467 person in a supervisory role at such jail or detention facility shall contact the United States468 Department of State during normal business hours or the Command Center of the Office469 of Security of the United States Department of State outside of normal business hours to470 request verification of such person's status as a consular offi cer or of other diplomatic471 status.472 (d)(1) Unless a person admitted to a county jail or municipal detention facility has been473 positively identified as a consular officer or diplomat, the co unty jail or municipal474 detention facility receiving the person for confinement shall a ttempt to verify lawful475 presence through presentation of a driver's license or identifi cation card issued by this476 state or any state from the list compiled by the State Law Depa rtment pursuant to477 paragraph (5) of subsection (b) of Code Section 13-10-91 or one of the following:478 (A) A Form I-94 Arrival/Departure Record issued by the United States Department of479 Homeland Security;480 (B) A permanent resident alien card Form 551;481 (C) A valid Nexus card;482 (D) A valid global entry identification card issued by the United States Department of483 Homeland Security; or484 (E) A valid passport indicating the person is a United States citizen, has been issued485 a visa, or is a citizen of a country participating in a visa waiver program administered486 by the United States Department of State.487 (2) If a person fails to produce a document required by this s ubsection, or verification488 of the authenticity of any such document is necessary, a person in a supervisory role at489 the county jail or municipal detention facility shall contact the Law Enforcement Support490 Center (LESC) of the United States Department of Homeland Secur ity or the Atlanta491 H. B. 1053 - 19 - 26 LC 63 0058 office of the United States Immigration and Customs Enforcement Division of the492 Department of Homeland Security for a determination of the pers on's lawful presence. 493 If the LESC of the United States Department of Homeland Security responds to contact494 pursuant to this paragraph with a request to detain an illegal alien, he or she shall not be495 released within 48 hours of receipt of such request; provided, however, that if such person496 was released prior to such request to detain, such fact shall be communicated to the LESC497 of the United States Department of Homeland Security. Any response received pursuant498 to this paragraph which indicates an illegal alien is confined in a county jail or municipal499 detention facility shall be forwarded to the local United States Immigration and Customs500 Enforcement Division of the Department of Homeland Security.501 (3) No person shall be detained solely due to the inability to contact the LESC of the502 United States Department of Homeland Security pursuant to the p rovisions of this503 subsection.504 (4) No person identified as an illegal alien by the LESC of the United States Department505 of Homeland Security pursuant to this subsection shall be detai ned unless a request to506 detain has been received pursuant to paragraph (2) of this subsection.507 (e) A county jail or municipal detention facility shall provide an interpreter for any person508 to be confined who is unable to effectively communicate or understand the requirements509 of this Code section.510 (f) Each county jail or municipal detention facility shall mai ntain a record of all511 communications made pursuant to this Code section for any person taken into custody of512 such jail or detention facility.513 (g)(d) Nothing in this Code section shall be construed to deny a person bond or from being514 released from confinement when such person is otherwise eligibl e for release; provided,515 however, that, upon verification that any person confined in a county jail or municipal516 detention facility is an illegal alien, such person may be detained, arrested, and transported517 as authorized by state and federal law.518 H. B. 1053 - 20 - 26 LC 63 0058 (h)(1) It shall be unlawful for any jailer to knowingly and willfully violate any provision519 of this Code section.520 (2) A person convicted of a violation of this Code section sha ll be punished as for a521 misdemeanor. A person convicted of a second or subsequent viol ation of this Code522 section shall be punished as for a misdemeanor of a high and aggravated nature."523 SECTION 2-7.524 Said title is further amended by revising Code Section 42-4-16, relating to inmate reports by525 county jails and municipal detention facilities, as follows:526 "42-4-16.527 (a) At least quarterly, an individual in a supervisory role at a county jail or municipal528 detention facility shall prepare and post on the public website of the local jurisdiction529 where his or her jail or detention facility is located, a report for his or her jail or detention530 facility which includes the following information for the most recent quarter:531 (1) The total number of inmates booked into the county jail or municipal detention532 facility;533 (2) The total number of inquiries made to the Law Enforcement Support Center (LESC)534 of the United States Department of Homeland Security or any oth er federal agency535 inquiring relating to the immigration status or prior arrests of foreign-born inmates;536 (3) The total number of responses received for requests made b y the county jail or537 municipal detention facility pursuant to paragraph (2) of this subsection;538 (4) The total number of responses as provided for in paragraph (3) of this subsection that539 indicated a foreign-born inmate of the county jail or municipal detention facility is an540 illegal alien as such term is defined in Code Section 42-4-14;541 (5) The number of immigration detainers issued by the United States Immigration and542 Customs Enforcement Division of the Department of Homeland Secu rity for prisoners543 in the county jail or municipal detention facility; and544 H. B. 1053 - 21 - 26 LC 63 0058 (6) A sworn affidavit signed by the individual in a supervisory role at the county jail or545 municipal detention facility verifying compliance with Code Sec tion 42-4-14 and all546 other applicable law.547 (b) Any person who knowingly and willfully makes a false, fict itious, or fraudulent548 statement of representation in a report required by this Code s ection shall be guilty of a549 violation of Code Section 16-10-20. Reserved."550 SECTION 2-8.551 Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees,552 is amended by revising Code Section 45-15-10, relating to Attorney General authorized to553 prosecute for violations while dealing with or for state, assistance by state court prosecuting554 officers, commencement of civil proceedings, and investigation and prosecution of violations555 of immigration compliance reports, as follows:556 "45-15-10.557 The Attorney General, as the head of the Department of Law and the chief legal officer of558 the state, is authorized to:559 (1) Prosecute in the criminal courts of this state any official, person, firm, or corporation560 which violates any criminal statute while dealing with or for t he state or any official,561 employee, department, agency, board, bureau, commission, instit ution, or appointee562 thereof;563 (2) Call upon the district attorney or the prosecuting officer of any state court to assist564 in or to conduct such prosecution; and, when so requested by th e Attorney General, it565 shall be the duty of any such district attorney or prosecuting officer of this state to assist566 in or to conduct such prosecution for and on behalf of the Attorney General and the state; 567 (3) Commence civil forfeiture proceedings, as such term is def ined in Code568 Section 9-16-2, pursuant to Code Section 16-14-7 whenever he or she is authorized to569 prosecute a case pursuant to this Code section; and570 H. B. 1053 - 22 - 26 LC 63 0058 (4) Investigate and prosecute violations of Code Sections 36-8 0-23, 42-4-14, and571 42-4-16; and572 (5)(4) Investigate failure to comply with Code Sections Section 35-1-17, 42-1-11.4,573 42-1-11.5, and 50-36-4."574 SECTION 2-9.575 Title 50 of the Official Code of Georgia Annotated, relating state government, is amended576 by revising Code Section 50-36-4, relating to submission of annual immigration compliance577 report, creation of reporting system, contents of reports, and annual review, as follows:578 "50-36-4.579 (a) As used in this Code section, the term:580 (1) 'Agency or political subdivision' means any department, ag ency, authority,581 commission, or governmental entity of this state or any subdivision of this state.582 (2) 'Annual reporting period' means from December 1 of the pre ceding year through583 November 30 of the year in which the report is due.584 (3) 'Contractor' shall have the same meaning as set forth in Code Section 13-10-90.585 (4) 'Department' means the Department of Audits and Accounts.586 (5) 'Physical performance of services' shall have the same meaning as set forth in Code587 Section 13-10-90.588 (6) 'Public employer' shall have the same meaning as set forth in Code Section 13-10-90.589 (b) Each agency, sheriff's office, law enforcement agency, or political subdivision subject590 to any of the requirements provided in Code Sections 13-10-91, 35-1-17, 36-60-6,591 36-80-23, 42-1-11.4, 42-1-11.5, 42-4-14, 42-4-16, and 50-36-1 shall submit an annual592 immigration compliance report to the department by December 31 that includes the593 information required under subsection (d) of this Code section for the annual reporting594 period. If an agency or political subdivision is exempt from a ny, but not all, of the595 H. B. 1053 - 23 - 26 LC 63 0058 provisions of subsection (d) of this Code section, it shall sti ll be required to submit the596 annual report but shall indicate in the report which requirements from which it is exempt.597 (c) The department shall create an immigration compliance repo rting system and shall598 provide technical support for the submission of such reports. The department shall further599 provide annual notification of such reports with submission instructions to all agencies and600 political subdivisions subject to such requirements. The department shall be authorized to601 implement policy as is needed to carry out the requirements of this subsection.602 (d) The immigration compliance report provided for in subsection (b) of this Code section603 shall contain the following:604 (1) The agency or political subdivision's federal work authorization program verification605 user number and date of authorization;606 (2) The legal name, address, and federal work authorization pr ogram user number of607 every contractor that has entered into a contract for the physical performance of services608 with a public employer as required under Code Section 13-10-91 during the annual609 reporting period;610 (3) The date of the contract for the physical performance of s ervices between the611 contractor and public employer as required under Code Section 13-10-91;612 (4) A listing of each license or certificate issued by a county or municipal corporation613 to private employers that are required to utilize the federal work authorization program614 under the provisions of Code Section 36-60-6 during the annual reporting period,615 including the name of the person and business issued a license and his or her federally616 assigned employment eligibility verification system user number as provided in the617 private employer affidavit submitted at the time of application;618 (5)(A) A listing of each public benefit administered by the ag ency or political619 subdivision and a listing of each public benefit for which SAVE program authorization620 for verification has not been received.621 H. B. 1053 - 24 - 26 LC 63 0058 (B) As used in this paragraph, the terms 'public benefit' and 'SAVE program' shall have622 the same meanings as set forth in Code Section 50-36-1; and623 (6) The agency or political subdivision's certificate of compl iance with Code624 Section 36-80-23; and625 (7)(6) Where applicable, the agency, sheriff's office, law enforcement agency, or political626 subdivision's certificate of compliance with Code Sections Section 35-1-17, 42-1-11.4,627 42-1-11.5, 42-4-14, and 42-4-16.628 (e) The department shall annually conduct random reviews of no less than 5 percent of the629 immigration compliance reports submitted pursuant to this Code section and shall make the630 determination of compliance pursuant to this Code section. In the event that the631 immigration compliance report submitted by an agency or political subdivision is found to632 be deficient by the department, so long as a new immigration co mpliance report is633 submitted with the prior deficiencies corrected and fully complies with this Code section,634 such agency or political subdivision shall be deemed to have satisfied the requirements of635 this Code section.636 (f) Any action taken by an agency or a political subdivision for the purpose of complying637 with the requirements of this Code section shall not subject su ch agency or political638 subdivision to any civil liability arising from such action."639 PART III640 SECTION 3-1.641 All laws and parts of laws in conflict with this Act are repealed.642 H. B. 1053 - 25 -