HB1050: HB1050 Law enforcement officers and agencies; protection of student data from immigration officials under certain circumstances; provide

26 LC 28 0708 House Bill 1050 By: Representatives Frye of the 122nd, Evans of the 57th, Roberts of the 52 nd, Gisler of the 121st, Sanchez of the 42nd, and others A BILL TO BE ENTITLED AN ACT To amend Code Section 35-1-17 of the Official Code of Georgia Annotated, relating to state1 and local law enforcement actions relating to immigration laws, authority, immunity, and2 penalty, so as to provide for the protection of student data from immigration officials under3 certain circumstances; to limit government cooperation of publi c school employees,4 administrators, and officials with immigration enforcement; to prohibit the presence of5 immigration enforcement officers on public school premises without a valid judicial warrant6 or order; to restrict immigration officer liability in instances in which the officer is located7 on or within 300 feet of a public s chool site; to mandate the d esignation of a school8 administrator in each school district to be responsible for and adequately prepared for9 interactions with immigration enforcement personnel; to restrict the access to student records,10 with the exception of medical emergencies, unless a valid judicial warrant, order, or parental11 consent has been provided; to provide for legislative intent; t o provide a definition; to12 provide for related matters; to provide for an effective date; to repeal conflicting laws; and13 for other purposes.14 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:15 H. B. 1050 - 1 - 26 LC 28 0708 SECTION 1.16 Code Section 35-1-17 of the Official Code of Georgia Annotated, relating to state and local17 law enforcement actions relating to immigration laws, authority, immunity, and penalty, is18 amended by revising said Code section as follows:19 "35-1-17.20 (a) Legislative intent. It is the intent of the General Assembly to promote compliance with21 state law related to deterring the presence of criminal illegal aliens and require Georgia law22 enforcement officials to work in conjunction with federal immigration authorities and to23 utilize all resources made available by the federal government to assist state and local law24 enforcement officers in the enforcement of the laws of this state and of the United States. 25 It is also the intent of the General Assembly to protect studen ts in public schools in this26 state from unlawful, undue, or otherwise deleterious encroachme nts by immigration27 enforcement activities and actions.28 (b) Cooperation with federal authorities.29 (1) To the extent authorized by federal law, state and local g overnment employees,30 including law enforcement officers and prosecuting attorneys, s hall send, receive, and31 maintain information relating to the immigration status of any individual as reasonably32 needed for public safety purposes. Except as provided by federal law, such employees33 shall not be prohibited from receiving or maintaining informati on relating to the34 immigration status of any individual or sending to or exchanging such information with35 other federal, state, or local governmental entities or employees for official public safety36 purposes. However, government employees who are employees, adm inistrators, or37 officials of public schools in this state shall send, receive, and maintain information38 relating to the immigration status of any student to any immigr ation or public safety39 official if and only if the information is proven necessary for public safety purposes. As40 used in this Code section, the term 'public school' means schools operated by a county41 school system or an independent school system in this state.;42 H. B. 1050 - 2 - 26 LC 28 0708 (2) State and local agencies shall promote compliance with state law related to deterring43 the presence of criminal illegal aliens and shall be authorized to enter into memorandums44 of understanding and memorandums of agreement with the United States Department of45 Justice, the Department of Homeland Security, or any other fede ral agency for the46 purpose of enforcing federal immigration laws, including 287(g) of the Illegal47 Immigration Reform and Immigrant Responsibility Act of 1996 or a similar federal48 program. A local agency shall seek such memorandums of understanding annually when49 no current memorandum of agreement is in effect;.50 (3) Except as provided by federal law, no state or local agenc y or department shall be51 prohibited from u tilizing available federal resources, includin g data bases databases,52 equipment, grant funds, training, or participation in incentive programs for any public53 safety purpose related to the enforcement of state and federal federal and state54 immigration laws; and.55 (4) With the exception of a medical emergency condition as def ined by Code56 Section 31-11-81, no federal, state, or local immigration agency shall access any public57 school database management system, including student profiles and personal information,58 without a judicial order, lawfully issued subpoena, or parental consent.59 (5) When reasonably possible, applicable state agencies shall con sider incentive60 programs and grant funding for the purpose of assisting and encouraging state and local61 agencies and departments to enter into agreements with federal entities and to utilize62 federal resources consistent with the provisions of this Code section.63 (c) Authority to transport illegal aliens. If a state or local law enforcement officer has64 verification that a person is an illegal alien, then such officer shall be authorized to securely65 transport such illegal alien to a federal facility in this state or to any other temporary point66 of detention and to reasonably detain such illegal alien when a uthorized by a federal67 immigration detainer or federal arrest warrant. Nothing in thi s Code section shall be68 H. B. 1050 - 3 - 26 LC 28 0708 construed to hinder or prevent a peace officer or law enforcement agency from arresting69 or detaining any criminal suspect on other criminal charges.70 (d) Authority to arrest illegal aliens. When authorized by federal law, a state or local law71 enforcement officer shall be authorized to arrest any person based on such person's status72 as an illegal alien or for a violation of any federal immigration law.73 (e) Immunity. A Unless acting on or within 300 feet of the outer boundary of a public74 school site, a law enforcement officer or government official or employee, acting in good75 faith to enforce immigration laws pursuant to a memorandum or an agreement with federal76 authorities to collect or share immigration status information, or to carry out any provision77 of this Code section, shall have immunity from damages or liability from such actions.78 (f) Except as required by federal or state law, or as required to administer a federally or79 state supported educational program, public school employees, administrators, and officials80 shall adhere to the following:81 (1) Each public school shall designate an administrator respon sible for appearing in82 person at the public school site and interacting with federal, state, or local immigration83 enforcement personnel and any law enforcement agency working as an extension of said84 officers;85 (2) No public school employee, administrator, or official shal l allow immigration86 enforcement officers onto the premises of a public school without a valid judicial warrant87 or order. The designated administrator shall request and verif y that an immigration88 enforcement officer has valid documentation and authority under this Code section and89 valid self-identification when such officer is on a public school site;90 (3) Each public school shall be prohibited from disclosing student education records or91 student data as defined under Code Section 20-2-662, whether verbally, written, or in any92 other manner, to any immigration enforcement officer without pr oper legal93 documentation or parental consent. Any disclosure of a student 's education records94 pursuant to a valid judicial warrant, judicial subpoena, or cou r t o r d e r s h a l l b e i n95 H. B. 1050 - 4 - 26 LC 28 0708 accordance with the requirements set forth in Section 99.31(a)( 9)(ii) of Title 34 of the96 Code of Federal Regulations; and97 (4) No public school shall discipline, suspend, terminate, or otherwise punish an98 employee, administrator, or official for implementing the protocols of this Code section.99 (f)(g) Penalty. A local governing body of a law enforcement agency that viola tes this100 Code section shall be subject to the withholding of state fundi ng or state administered101 federal funding other than funds for the purposes of providing those services specified in102 subsection (d) of Code Section 50-36-1. As a condition of fund ing to a local governing103 body, the Department of Community Affairs, the Department of Tr ansportation, or any104 other state agency that provides funding to local governing bodies shall require certification105 pursuant to Code Section 50-36-4 as proof of compliance with th is Code section. No106 county commission shall be subject to the withholding of state or federal funding pursuant107 to this subsection when a sheriff or his or her employee violates this Code section."108 SECTION 2.109 This Act shall become effective upon its approval by the Governor or upon its becoming law110 without such approval.111 SECTION 3.112 All laws and parts of laws in conflict with this Act are repealed.113 H. B. 1050 - 5 -