25 LC 57 0224S
The Senate Committee on Public Safety offered the following
substitute to SB 21:
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relating to1
general provisions applicable to counties, municipal corporations, and other governmental2
entities, so as to waive sovereign and governmental immunities for local governments and3
their officials and employees for a violation of the prohibition on immigration sanctuary4
policies; to amend Code Section 42-1-11.5 of the Official Code of Georgia Annotated,5
relating to compliance with immigration detainer notices, so as to provide for immunity6
waivers; to provide for related matters; to repeal conflicting laws; and for other purposes.7
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8
SECTION 1.9
Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relating to general10
provisions applicable to counties, municipal corporations, and other governmental entities,11
is amended by adding a new subsection to Code Section 36-80-23, relating to prohibition on12
immigration sanctuary policies by local governmental entities, and certification of13
compliance, to read as follows:14
"(f) In the event that a local governing body acts in violation of this Code section, the15
sovereign immunity of such local governing body and the governmental immunity of all16
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local officials and employees of such local governing body is waived in all matters arising17
from or resulting in the violation of this Code section."18
SECTION 2.19
Code Section 42-1-11.5 of the Official Code of Georgia Annotated, relating to compliance20
with immigration detainer notices, is amended by revising said Code section as follows:21
"42-1-11.5.22
(a) As used in this Code section, the term:23
(1) 'Custodial authority' means the commissioner if a person is in physical custody at a24
penal institution, the sheriff if a person is in physical custody at a county jail, the warden25
if a person is in physical custody at county correctional institution, and the chief of police26
if a person is in physical custody at a municipal detention facility.27
(2) 'Immigration detainer notice' means documentation issued by the federal government28
requesting that a custodial authority maintain temporary custody of an illegal alien as29
such term is defined in Code Section 42-4-14, including a United States Department of30
Homeland Security Form I-247 document or a similar successor form.31
(b) Any custodial authority who has custody of a person who is subject to an immigration32
detainer notice shall:33
(1) Comply with, honor, and fulfill any request made in the immigration detainer notice;34
and35
(2) Inform the person identified in the immigration detainer notice that the person is36
being held pursuant to such notice.37
(c) In the event that a custodial authority acts in violation of this Code section, the38
sovereign and other governmental immunities of such custodial authority are waived in all39
matters arising from or resulting in the violation of this Code section."40
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SECTION 3.41
All laws and parts of laws in conflict with this Act are repealed.42
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