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H. B. 30 (SUB)
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The House Committee on Judiciary offers the following substitute to HB 30:
A BILL TO BE ENTITLED
AN ACT
To amend Code Section 16-11-37 of the Official Code of Georgia Annotated, relating to1
terroristic threats and acts, so as to make certain threatening uses of antisemitic imagery a2
criminal violation; to amend Chapter 1 of Title 50 of the Official Code of Georgia Annotated,3
relating to general provisions relative to state government, so as to require state agencies to4
consider antisemitism when determining whether an alleged act was motivated by5
discriminatory intent; to provide for limitations and construction; to provide legislative6
findings and intent; to provide for definitions; to provide for effective dates and applicability;7
to provide for related matters; to repeal conflicting laws; and for other purposes.8
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:9
SECTION 1.10
(a) The General Assembly finds that:11
(1) Antisemitism, including harassment on the basis of actual or perceived Jewish origin,12
ancestry, ethnicity, identity, affiliation, or faith, remains a persistent, pervasive, and13
disturbing problem in contemporary American society;14
(2) Jewish people continue to be a targeted minority in the United States. Data show, for15
instance, that Jews are consistently the most likely of all religious groups to be victimized16
by incidents of hate, and that such incidents are increasing at an alarming rate;17 23 LC 49 1334S
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(3) State officials and institutions have a responsibility to protect citizens from acts of hate18
and bigotry motivated by discriminatory animus, including antisemitism, and must be given19
the tools to do so;20
(4) Valid monitoring, informed analysis and investigation, and effective policy making all21
require uniform definitions;22
(5) While there can be no exhaustive definition of antisemitism, as it can take many forms,23
the International Holocaust Remembrance Alliance (IHRA) Working Definition has been24
an essential definitional tool used to determine contemporary manifestations of25
antisemitism and includes useful examples of discriminatory anti-Israel acts that can cross26
the line into antisemitism;27
(6) The IHRA definition is used by various agencies of the federal government and by28
over 30 governments around the world, recommended for use by the European Council and29
the European Parliament, endorsed by the Secretary-General of the United Nations and the30
Secretary General of the OAS, included in policy guides prepared by the Organization for31
Security and Cooperation in Europe, and has been formally adopted by a growing number32
of nations, cities, universities, sports teams, and civil society organizations; and33
(7) Use of this definition of antisemitism, although it is not to be taken as an exhaustive34
definition, will increase the awareness and understanding of the parameters of35
contemporary anti-Jewish discrimination in certain circumscribed areas.36
(b)(1) The General Assembly further finds that discrimination in various forms is37
prohibited under Georgia law, including, but not limited to, the following prohibitions38
against discrimination:39
(A) In lending practices based on sex, race, religion, national origin, or marital status, as40
provided in Code Section 7-6-2;41
(B) In the sale, rental, or financing of dwellings based on race, color, religion, sex,42
disability or handicap, familial status, or national origin, as provided in Code Section43
8-3-200;44 23 LC 49 1334S
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(C) In the issuance of certain production licenses based on race or gender, as provided45
in Code Section 16-12-214;46
(D) In interscholastic athletic activities based on gender, as provided in Code Section47
20-2-316;48
(E) In employment preference based on disability, as provided in Code Section 34-6A-4;49
(F) In real estate appraisals based on race, color, religion, sex, disability, familial status,50
or national origin, as provided in Code Section 43-39A-18; and51
(G) In public employment based on race, color, religion, national origin, sex, disability,52
or age, as provided in Code Section 45-19-21.53
(2) Georgia law also provides for enhanced penalties against criminal defendants found54
to have intentionally selected any victim or group of victims or any property as the object55
of a criminal offense because of such victim's or group of victims' actual or perceived race,56
color, religion, national origin, sex, sexual orientation, gender, mental disability, or57
physical disability, as provided in Code Section 17-10-17.58
(c) It is the intent of the General Assembly that this Act should not infringe upon any59
individual's lawful exercise of free speech under federal or state law.60
SECTION 2.61
Code Section 16-11-37 of the Official Code of Georgia Annotated, relating to terroristic62
threats and acts, is amended by revising subsection (c) as follows:63
"(c) A person commits the offense of a terroristic act when:64
(1) He or she uses a burning or flaming cross or other burning or flaming symbol or65
flambeau with the intent to terrorize another or another's household;66
(2) He or she uses in an unlawful manner antisemitic imagery, including, but not limited
67
to, a swastika, othala rune, or wolfsangel with the intent to terrorize another, another's68
household, another's property, or public property While not in the commission of a lawful69 23 LC 49 1334S
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act, he or she shoots at or throws an object at a conveyance which is being operated or
70
which is occupied by passengers; or71
(3) He or she releases any hazardous substance or any simulated hazardous substance72
under the guise of a hazardous substance:73
(A) For the purpose of terrorizing another;74
(B) For the purpose of causing the evacuation of a building, place of assembly, or75
facility of public transportation;76
(C) For the purpose of otherwise causing serious public inconvenience; or77
(D) In reckless disregard of the risk of causing the terror, evacuation, or inconvenience78
described in subparagraph (A), (B), or (C) of this paragraph."79
SECTION 3.80
Chapter 1 of Title 50 of the Official Code of Georgia Annotated, relating to general81
provisions relative to state government, is amended by adding a new Code section to read as82
follows:83
"50-1-12.84
(a) As used in this Code section, the term:85
(1) 'Antisemitism' has the same meaning as provided for in the advisory definition of86
antisemitism adopted by the International Holocaust Remembrance Alliance (IHRA) on87
May 26, 2016, including the examples of antisemitism set forth therein which was88
incorporated in the federal Executive Order 13899 of December 11, 2019, 84 FR 68779,89
for purposes of enforcement of Title VI of the federal Civil Rights Act of 1964, 42 U.S.C.90
Section 2000d.91
(2) 'State agency' means any branch of state government or any agency, authority,92
department, board, bureau, commission, council, corporation, entity, or instrumentality93
of this state or of a local political subdivision of this state.94 23 LC 49 1334S
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(b) All state agencies shall consider antisemitism as evidence of discriminatory intent for
95
any criminal or noncriminal law or policy in this state which prohibits discrimination based96
on race, color, religion, or national origin or any criminal law in this state which provides97
for enhanced criminal penalties for criminal offenses when the defendant intentionally98
selected any victim or group of victims or any property as the object of the offense because99
of such victim's or group of victims' actual or perceived race, color, religion, or national100
origin.101
(c) Nothing in this Code section shall be construed to diminish or infringe upon any right102
protected under the First Amendment to the United States Constitution or the Georgia103
Constitution. Nothing in this Code section shall be construed to diminish or infringe upon104
an individual's right to engage in legally protected conduct or expressive activity pertaining105
to any matter of United States foreign policy or international affairs. Nothing in this Code106
section shall be construed to conflict with local, federal, or state discrimination laws.107
(d) Nothing in this Code section shall be construed to alter the evidentiary requirements108
pursuant to which an agency or department makes a determination that conduct, including109
harassment, amounts to actionable discrimination, or to diminish or infringe upon the rights110
protected under any other provision of law.111
(e) Nothing in this Code section shall be construed to impair or otherwise affect the112
authority granted by law to a department or agency.113
(f) This Code section is not intended to and does not create any right or benefit,114
substantive or procedural, enforceable at law or in equity by any party against the state, its115
departments, agencies, or entities, its officers, employees, or agents."116
SECTION 4.117 23 LC 49 1334S
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Section 2 of this Act shall become effective on July 1, 2023, and shall apply to all offenses118
committed on or after such date. All other sections of this Act shall become effective upon119
approval by the Governor or upon becoming law without such approval.120
SECTION 5.121
All laws and parts of laws in conflict with this Act are repealed.122