| 10 | 7 | | general provisions applicable to counties, municipal corporations, and other governmental2 |
|---|
| 11 | 8 | | entities, so as to waive sovereign and governmental immunities for local governments and3 |
|---|
| 12 | 9 | | their officials and employees for a violation of the prohibition on immigration sanctuary4 |
|---|
| 13 | 10 | | policies; to amend Code Section 42-1-11.5 of the Official Code of Georgia Annotated,5 |
|---|
| 14 | 11 | | relating to compliance with immigration detainer notices, so as to provide for immunity6 |
|---|
| 15 | 12 | | waivers; to provide for related matters; to repeal conflicting laws; and for other purposes.7 |
|---|
| 16 | 13 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8 |
|---|
| 17 | 14 | | SECTION 1.9 |
|---|
| 18 | 15 | | Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relating to general10 |
|---|
| 19 | 16 | | provisions applicable to counties, municipal corporations, and other governmental entities,11 |
|---|
| 20 | 17 | | is amended by adding a new subsection to Code Section 36-80-23, relating to prohibition on12 |
|---|
| 21 | 18 | | immigration sanctuary policies by local governmental entities, and certification of13 |
|---|
| 22 | 19 | | compliance, to read as follows:14 |
|---|
| 28 | 23 | | local officials and employees of such local governing body is waived in all matters arising17 |
|---|
| 29 | 24 | | from or resulting in the violation of this Code section."18 |
|---|
| 30 | 25 | | SECTION 2.19 |
|---|
| 31 | 26 | | Code Section 42-1-11.5 of the Official Code of Georgia Annotated, relating to compliance20 |
|---|
| 32 | 27 | | with immigration detainer notices, is amended by revising said Code section as follows:21 |
|---|
| 33 | 28 | | "42-1-11.5.22 |
|---|
| 34 | 29 | | (a) As used in this Code section, the term:23 |
|---|
| 35 | 30 | | (1) 'Custodial authority' means the commissioner if a person is in physical custody at a24 |
|---|
| 36 | 31 | | penal institution, the sheriff if a person is in physical custody at a county jail, the warden25 |
|---|
| 37 | 32 | | if a person is in physical custody at county correctional institution, and the chief of police26 |
|---|
| 38 | 33 | | if a person is in physical custody at a municipal detention facility.27 |
|---|
| 39 | 34 | | (2) 'Immigration detainer notice' means documentation issued by the federal government28 |
|---|
| 40 | 35 | | requesting that a custodial authority maintain temporary custody of an illegal alien as29 |
|---|
| 41 | 36 | | such term is defined in Code Section 42-4-14, including a United States Department of30 |
|---|
| 42 | 37 | | Homeland Security Form I-247 document or a similar successor form.31 |
|---|
| 43 | 38 | | (b) Any custodial authority who has custody of a person who is subject to an immigration32 |
|---|
| 44 | 39 | | detainer notice shall:33 |
|---|
| 45 | 40 | | (1) Comply with, honor, and fulfill any request made in the immigration detainer notice;34 |
|---|
| 46 | 41 | | and35 |
|---|
| 47 | 42 | | (2) Inform the person identified in the immigration detainer notice that the person is36 |
|---|
| 48 | 43 | | being held pursuant to such notice.37 |
|---|
| 49 | 44 | | (c) In the event that a custodial authority acts in violation of this Code section, the38 |
|---|
| 50 | 45 | | sovereign and other governmental immunities of such custodial authority are waived in all39 |
|---|
| 51 | 46 | | matters arising from or resulting in the violation of this Code section."40 |
|---|