GA
Georgia House Bill HB144

Georgia 2023-2024 Regular Session

Georgia House Bill HB144 Compare Versions

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1-23 LC 48 0877S
2-H. B. 144 (SUB)
1+23 LC 49 1454S
32 - 1 -
4-The House Committee on Juvenile Justice offers the following substitute to HB 144:
3+The Senate Committee on Children and Families offered the following
4+substitute to HB 144:
55 A BILL TO BE ENTITLED
66 AN ACT
7-To amend Chapter 4 of Title 29 of the Official Code of Georgia Annotated, relating to1
8-guardians of adults, so as to provide for the communication rights of the ward; to provide for2
9-penalties; to provide for related matters; to repeal conflicting laws; and for other purposes.3
10-BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:4
11-SECTION 1.5
12-Chapter 4 of Title 29 of the Official Code of Georgia Annotated, relating to guardians of6
13-adults, is amended by revising paragraph (4) of subsection (a) of Code Section 29-4-20,7
14-relating to rights of the ward, and impact on voting and testamentary capacity, as follows:8
15-"(4) Communicate freely and privately with persons other than the guardian through9
16-visitation, telephone calls, email, or personal mail, except as otherwise ordered by a court10
17-of competent jurisdiction;"11
18-SECTION 2.12 23 LC 48 0877S
19-H. B. 144 (SUB)
7+To amend Chapter 1 of Title 50 of the Official Code of Georgia Annotated, relating to1
8+general provisions relative to state government, so as to require state agencies to consider2
9+antisemitism when determining whether an alleged act was motivated by discriminatory3
10+intent; to provide for limitations and construction; to provide for definitions; to provide for4
11+an effective date; to provide for related matters; to repeal conflicting laws; and for other5
12+purposes.6
13+BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7
14+SECTION 1.8
15+Chapter 1 of Title 50 of the Official Code of Georgia Annotated, relating to general9
16+provisions relative to state government, is amended by adding a new Code section to read as10
17+follows:11
18+"50-1-12.12
19+(a) As used in this Code section, the term:13
20+(1) 'Antisemitism' has the same meaning as provided for in the definition of antisemitism14
21+adopted by the International Holocaust Remembrance Alliance (IHRA) on May 26, 2016,15
22+as adopted by the federal Executive Order 13899 of December 11, 2019, 84 FR 68779,for16 23 LC 49 1454S
2023 - 2 -
21-Said chapter is further amended by adding a new subsection to Code Section 29-4-22,13
22-relating to decisions on ward's well-being, obligations of guardian, and liability of guardian,14
23-to read as follows:15
24-"(d) Upon a violation of subsection (b) of this Code section, the ward or any interested16
25-party may petition the court with evidence alleging that the guardian has violated the ward's17
26-right and ability to communicate, visit, or interact with another. Should the court find that18
27-such violation has occurred, the court shall impose a fine of up to $1,000.00 for each such19
28-violation. After two such violations have been reported and subjected to a ruling by the20
29-court, the court may impose temporary suspension of the guardianship and appoint another21
30-guardian until such violations are resolved."22
31-SECTION 3.23
32-All laws and parts of laws in conflict with this Act are repealed.24
24+purposes of enforcement of Title VI of the federal Civil Rights Act of 1964, 42 U.S.C.17
25+Section 2000d.18
26+(2) 'State agency' means any branch of state government or any agency, authority,19
27+department, board, bureau, commission, council, corporation, entity, or instrumentality20
28+of this state or of a local political subdivision of this state.21
29+(b) All state agencies shall consider antisemitism as evidence of discriminatory intent for22
30+any criminal or noncriminal law or policy in this state which prohibits discrimination based23
31+on race, color, religion, or national origin or any criminal law in this state which provides24
32+for enhanced criminal penalties for criminal offenses when the defendant intentionally25
33+selected any victim or group of victims or any property as the object of the offense because26
34+of such victim's or group of victims' actual or perceived race, color, religion, or national27
35+origin.28
36+(c) Nothing in this Code section shall be construed to diminish or infringe upon any right29
37+protected under the First Amendment to the United States Constitution or the Georgia30
38+Constitution. Nothing in this Code section shall be construed to diminish or infringe upon31
39+an individual's right to engage in legally protected conduct or expressive activity pertaining32
40+to any matter of United States foreign policy or international affairs. Nothing in this Code33
41+section shall be construed to conflict with local, federal, or state discrimination laws.34
42+(d) Nothing in this Code section shall be construed to alter the evidentiary requirements35
43+pursuant to which an agency or department makes a determination that conduct, including36
44+harassment, amounts to actionable discrimination, or to diminish or infringe upon the rights37
45+protected under any other provision of law.38
46+(e) Nothing in this Code section shall be construed to impair or otherwise affect the39
47+authority granted by law to a department or agency.40
48+(f) This Code section is not intended to and does not create any right or benefit,41
49+substantive or procedural, enforceable at law or in equity by any party against the state, its42
50+departments, agencies, or entities, its officers, employees, or agents."43 23 LC 49 1454S
51+- 3 -
52+SECTION 2.44
53+This Act shall become effective upon its approval by the Governor or upon its becoming law45
54+without such approval.46
55+SECTION 3.47
56+All laws and parts of laws in conflict with this Act are repealed.48