HB1606: HB1606 Crimes; offense of disruption of a worship service; provide

26 LC 48 1791 House Bill 1606 By: Representatives Clark of the 100th, Gaines of the 120th, Fleming of the 114th, Horner of the 3rd, and Bonner of the 73rd A BILL TO BE ENTITLED AN ACT To amend Article 2 of Chapter 11 of Title 16 of the Official Co de of Georgia Annotated,1 relating to offenses against public order, so as to provide for the offense of disruption of a2 worship service; to provide for legislative findings, to provide for definitions; to provide for3 penalties; to provide for related matters; to provide for an effective date; to repeal conflicting4 laws; and for other purposes.5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6 SECTION 1.7 The Legislature finds and declares the following:8 (1) The right of the people to meet and assemble for religious worship is imperative for9 the people of this state;10 (2) The Georgia Constitution guarantees the free exercise of religion and prohibits the11 government from burdening that free exercise by state or local law;12 (3) The prohibition in the Georgia Constitution against laws burdening the free exercise13 of religion naturally contemplates laws protecting the exercise of religion;14 (4) The right to engage in a peaceful protest is essential to a free society of people, and15 the right unambiguously extends to public forums traditionally open to political speech16 H. B. 1606 - 1 - 26 LC 48 1791 and debate, including public streets, sidewalks, and parks; provided, however, that such17 right has never been interpreted to authorize the trespass and disruption of private18 property used for legitimate, constitutionally protected purposes;19 (5) The exercise of the right of an individual to protest at p laces of worship must be20 balanced against the right of another individual to meet and as semble for religious21 worship in an unobstructed manner;22 (6) Prevention of the willful d isruption of r eligious worship services is a matter of23 state-wide concern; and24 (7) It is a compelling public interest of this state to protec t the ability of its people to25 meet and assemble for religious worship without willful disruption.26 SECTION 2.27 Article 2 of Chapter 11 of Title 16 of the Official Code of Geo rgia Annotated, relating to28 offenses against public order, is amended by adding a new Code section to read as follows:29 "16-11-34.3.30 (a) As used in this Code section, the term:31 (1) 'Church' means a bona fide duly constituted religious society or ecclesiastical body32 of any sect, order, or denomination, or any congregation thereof. The term includes any33 church building, mosque, synagogue, or other religious real property.34 (2) 'Disorderly conduct' means the offense as provided for in Code Section 16-11-39.35 (3) 'Harassment' means the offense as provided for in Code Section 16-11-39.1.36 (4) 'Riot' means the offense as provided for in Code Section 16-11-30.37 (5) 'Unlawful protest' means the gathering of three or more individuals with the common38 purpose to create an intentional disturbance, interruption, or breach of the peace.39 (6) 'Worship service' means the assemblage for religious worship.40 (b) An individual commits the crime of disruption of a worship service when, during a41 scheduled worship service, the individual intentionally:42 H. B. 1606 - 2 - 26 LC 48 1791 (1) Enters into a church to disrupt the worship service;43 (2) Enters upon church property contiguous to such church with the intent to obstruct the44 ingress or egress to such church or church property;45 (3) Engages in an unlawful protest, riot, or disorderly conduct inside the church;46 (4) Engages in the harassment of any participant in a worship service; or47 (5) Obstructs the ingress or egress to the church or church property contiguous to such48 church.49 (c) An individual convicted of the offense of disruption of a worship service shall be50 punished by a fine of not more than $5,000.00, imprisonment for not less than one nor51 more than five years, or both."52 SECTION 3.53 This Act shall become effective on July 1, 2026.54 SECTION 4.55 All laws and parts of laws in conflict with this Act are repealed.56 H. B. 1606 - 3 -