HB 363: Crimes and offenses; criminal trespass; include religious worship and observance or acknowledging the death of an individual

Georgia's criminal trespass law (O.C.G.A. § 16-7-21) currently covers things like entering someone's property without permission. This bill adds a new subsection making it a crime to knowingly enter and remain on someone else's property without authority and willfully and maliciously interrupt or disturb a gathering held for religious worship or observance, or a gathering meant to acknowledge someone's death, such as a funeral or memorial. The new offense only applies when the disruption happens in a way that a reasonable person would see as a threat to the safety of the people gathered. The bill does not change penalties elsewhere in the criminal trespass statute; it simply adds this new category of conduct. If passed, the change would take effect under the bill's general provisions repealing conflicting laws.

• Adds a new subsection (f) to Georgia's criminal trespass law (O.C.G.A. § 16-7-21) covering disruptions of religious gatherings and death-related gatherings such as funerals.
• Makes it a crime to knowingly and without authority enter and remain on another person's property while willfully and maliciously interrupting such a gathering.
• Limits the new offense to situations where a reasonable person would conclude the disruptor poses a threat to the safety of those assembled.
• Repeals any existing laws that conflict with this new provision.

People who attend or hold religious worship services, funerals, or memorial gatherings on private property, and anyone who might enter such property intending to disrupt those events. Property owners hosting these gatherings and law enforcement handling trespass complaints are also affected.

Georgians attending church services, funerals, or memorials on private property would gain a specific legal protection against people who enter the property to threateningly disrupt those events, giving prosecutors a clearer criminal trespass charge to use in such cases.

• Section 1 amends O.C.G.A. § 16-7-21 by adding subsection (f), which defines the new criminal trespass offense.
• The offense requires knowingly and without authority entering and remaining on another's land, plus willfully and maliciously interrupting a qualifying gathering.
• The disturbance must be severe enough that a reasonable person would conclude the actor is a threat to the safety of those assembled.
• Section 2 repeals any conflicting laws but does not specify further effective date details.

1. 2025-02-12House Second Readers (Cámara de Representantes)
2. 2025-02-11House First Readers (Cámara de Representantes)
3. 2025-02-10House Hopper (Cámara de Representantes)

• Deborah Silcox (R, HD-053)Patrocinador principal
• Matt Reeves (R, HD-099)
• Trey Kelley (R, HD-016)
• Clint Crowe (R, HD-118)
• Esther Panitch (D, HD-051)

• criminal trespass
• religious freedom
• funeral protection
• public safety law