50-1-12. Consideration of the “definition of antisemitism” in the enforcement and application of laws by state agencies.

As used in this Code section, the term:#

1. (1)

   “Agency” means any agency, authority, department, board, bureau, commission, council, corporation, entity, or instrumentality of state government and all local political subdivisions of this state.#

2. (2)

   “Definition of antisemitism” has the same meaning as provided for in the working definition of antisemitism and the contemporary examples of antisemitism adopted by the International Holocaust Remembrance Alliance (IHRA) on May 26, 2016, and incorporated by reference in Presidential Executive Order Number 13899, 84 F.R. 68779 December 11, 2019.#

An agency authorized or required to enforce any criminal or noncriminal law or regulation that prohibits discrimination on the basis of race, color, religion, or national origin shall consider the definition of antisemitism in the course of such enforcement.#

In determining whether to seek the enhanced penalty or penalties authorized by Code Section 17-10-17, the state shall consider the definition of antisemitism for the purpose of determining whether such penalty enhancement is authorized.#

Nothing in this Code section shall be construed to diminish or infringe upon any right protected under the First Amendment to the United States Constitution or the Georgia Constitution. Nothing in this Code section shall be construed to diminish or infringe upon an individual’s right to engage in legally protected conduct or expressive activity pertaining to any matter of United States foreign policy or international affairs. Nothing in this Code section shall be construed to conflict with local, federal, or state discrimination laws.#

Nothing in this Code section shall be construed to alter the evidentiary requirements pursuant to which an agency makes a determination that conduct, including harassment, amounts to actionable discrimination, or to diminish or infringe upon the rights protected under any other provision of law.#

Nothing in this Code section shall be construed to impair or otherwise affect the authority granted by law to an agency.#

This Code section shall not create any right or benefit, substantive or procedural, or any cause of action, enforceable at law or in equity, by any party against the state or any agency.#