24 LC 56 0203S
The Senate Committee on Judiciary offered the following
substitute to HB 231:
A BILL TO BE ENTITLED
AN ACT
To amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure,1
so as to provide for requirements for bail hearings to consider on the record the impact of2
lawful presence in the United States; to amend Title 42 of the Official Code of Georgia3
Annotated, relating to penal institutions, so as to require sheriffs, jailers, and deputies to4
honor immigration detainer requests; to provide for sheriffs, jailers, and deputies to inquire5
into the existence of an immigration detainer request in certain circumstances; to provide for6
definitions; to provide for related matters; to provide for an effective date; to repeal7
conflicting laws; and for other purposes.8
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:9
SECTION 1.10
Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is11
amended in Article 1 of Chapter 6, relating to general provisions for bonds and12
recognizances, in Code Section 17-6-1, relating to when offenses bailable, procedure,13
schedule of bails, and appeal bonds, by revising subsection (e) as follows:14
"(e)(1) A court shall be authorized to release a person on bail if the court finds, and15
articulates on the record, that the person:16
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(A) Poses no significant risk of fleeing from the jurisdiction of the court or failing to17
appear in court when required;18
(B) Poses no significant threat or danger to any person, to the community, or to any19
property in the community;20
(C) Poses no significant risk of committing any felony pending trial; and21
(D) Poses no significant risk of intimidating witnesses or otherwise obstructing the22
administration of justice.23
(2) When determining bail, as soon as possible, the court shall consider and articulate on24
the record:25
(A) The accused's financial resources and other assets, including whether any such26
assets are jointly controlled;27
(B) The accused's earnings and other income;28
(C) The accused's financial obligations, including obligations to dependents;29
(D) The impact of the accused's 'lawful presence' or status as an 'illegal alien,' as those30
terms are defined in subsection (a) of Code Section 42-4-14, on the bail factors31
enumerated in paragraph (1) of this subsection;32
(E) The purpose of bail; and33
(E)(F) Any other factor the court deems appropriate.34
(3) If the person is charged with a serious violent felony and has already been convicted35
of a serious violent felony, or of an offense under the laws of any other state or of the36
United States which offense if committed in this state would be a serious violent felony,37
there shall be a rebuttable presumption that no condition or combination of conditions38
will reasonably assure the appearance of the person as required or assure the safety of any39
other person or the community. As used in this subsection, the term 'serious violent40
felony' means a serious violent felony as defined in Code Section 17-10-6.1.41
(4) A bond set for any offense by an elected judge, an appointed judge filling the42
vacancy of an elected judge, or judge sitting by designation that purports a dollar amount43
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shall be executed in the full-face amount of such bond through secured means as provided44
for in Code Section 17-6-4 or 17-6-50 or shall be executed by use of property as approved45
by the sheriff in the county where the offense was committed.46
(5) Notwithstanding any other provision of law, nothing in this Code section shall47
prohibit a duly sworn sheriff from releasing an inmate from custody in cases of medical48
emergency with the consent of the judge in the county in which he or she presides."49
SECTION 2.50
Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended51
by revising Code Section 42-4-14, relating to "illegal alien" defined and determination of52
nationality and verification of lawful admission of person confined in a jail facility, as53
follows:54
"42-4-14.55
(a) As used in this Code section, the term:56
(1) 'Illegal 'illegal alien' means a person who is verified by the federal government to be57
present in the United States in violation of the federal immigration law Immigration and58
Nationality Act.59
(2) 'Immigration detainer request' means a notice that the United States Department of60
Homeland Security issues to federal, state, and local law enforcement agencies to inform61
those agencies that United States Immigration and Customs Enforcement intends to62
assume custody of an individual detained by those agencies once that individual is no63
longer subject to the arresting agency's detention. Such term may include a request for64
information about an individual's impending release and may also include a request for65
federal, state, or local law enforcement agencies to maintain custody of an illegal alien66
who would otherwise be released for a period not to exceed 48 hours so as to provide67
time for United States Immigration and Customs Enforcement to assume custody after68
its preliminary assessment of deportability.69
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(3) 'Lawful presence' means a person who is authorized by the federal government to be70
present in the United States.71
To the extent any definition in this subsection conflicts with federal law, such definition72
shall be construed to have the same meaning as provided under federal immigration law.73
(b) When any person is confined, for any period, in the jail of a county or municipality or74
a jail operated by a regional jail authority in compliance with Article 36 of the Vienna75
Convention on Consular Relations, a reasonable effort shall be made to determine the76
nationality of the person so confined.77
(c) Except as provided in subsection (d) of this Code section, a sheriff, jailer, or deputy78
shall inquire of each individual taken into custody their immigration status. When there79
is a reasonable basis to believe, based on the facts presented to such sheriff, jailer, or80
deputy, that said individual is an illegal alien or is in the country without authorization,81
such sheriff, jailer, or deputy shall query the relevant federal data base within 24 hours of82
booking to discover whether there exists an immigration detainer request for said83
individual. When any foreign national is confined, for any period, in a county or municipal84
jail, a reasonable effort shall be made to verify that such foreign national has been lawfully85
admitted to the United States and if lawfully admitted, that such lawful status has not86
expired. If verification of lawful status cannot be made from documents in the possession87
of the foreign national, verification shall be made within 48 hours through a query to the88
Law Enforcement Support Center (LESC) of the United States Department of Homeland89
Security or other office or agency designated by the federal government. If the foreign90
national is determined to be an illegal alien, the keeper of the jail or other officer shall91
notify the United States Department of Homeland Security, or other office or agency92
designated for notification by the federal government.93
(d) A sheriff, jailer, or deputy shall not be required to perform a duty imposed by94
subsection (b) or (c) of this Code section with respect to an individual who has provided95
verified proof that he or she is a citizen or national of the United States or otherwise is96
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authorized by the federal government to be present in the United States. Such proof may97
include, but shall not be limited to:98
(1) A driver's license or identification card issued pursuant to Chapter 5 of Title 40; or 99
(2) Government issued identification issued by the federal government or another state.100
(e) All sheriffs, jailers, and deputies having custody of an individual who is the subject of101
an immigration detainer request shall:102
(1) As soon as practicable after the commencement of such custody, notify such103
individual that United States Immigration and Customs Enforcement intends to assume104
custody of him or her after being otherwise released from custody by the federal, state,105
or local law enforcement agency that initially detained him or her; and106
(2) Maintain custody of the individual subject to the immigration detainer request for a107
period not to exceed 48 hours beyond the time when the individual would have otherwise108
been released from custody by the federal, state, or local law enforcement agency that109
initially detained him or her.110
(d)(f) Nothing in this Code section shall be construed to deny a person bond or from being111
released from confinement when such person is otherwise eligible for release; provided,112
however, that upon verification that any person confined in a jail is an illegal alien, such113
person may be detained, arrested, and transported as authorized by state and federal law.114
(e)(g) The Georgia Sheriffs Association shall prepare and issue guidelines and procedures115
used to comply with the provisions of this Code section.116
(h) The provisions of this Code section shall be implemented in a manner consistent with117
federal laws governing immigration and civil rights."118
SECTION 3.119
This Act shall become effective upon its approval by the Governor or upon its becoming law120
without such approval.121
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SECTION 4.122
All laws and parts of laws in conflict with this Act are repealed.123
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