Georgia HB 927: Criminal procedure; terminology referring to persons who are noncitizens and present in the U.S. without official documentation; revise

Bill Text

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H. B. 927
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House Bill 927
By: Representatives Hutchinson of the 107
th, Nguyen of the 89
th, Park of the 101
st, Scott of
the 76
th, and Schofield of the 60
th
A BILL TO BE ENTITLED
AN ACT
To amend Article 5 of Chapter 11 of Title 16, Chapter 5 of Title 17, Chapter 1 of Title 35,1
and Chapter 4 of Title 42 of the Official Code of Georgia Annotated, relating to offenses2
involving illegal aliens, searches and seizures, general provisions regarding law enforcement3
officers and agencies, and jails, respectively, so as to revise terminology referring to persons4
who are noncitizens and present in the United States without official documentation; to5
provide for related matters; to repeal conflicting laws; and for other purposes.6
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7
SECTION 1.8
Article 5 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to9
offenses involving illegal aliens, is amended by revising Code Section 16-11-200, relating10
to definitions and offenses of transporting or moving illegal aliens, as follows:11
"16-11-200.12
(a) As used in this Code section, the term:13
(1) 'Illegal alien' means a person who is verified by the federal government to be present14
in the United States in violation of federal immigration law.15
(2)(1) 'Motor vehicle' shall have the same meaning as provided in Code Section 40-1-1.16

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(2) 'Undocumented person' means a person who is verified by the federal government17
to be present in the United States in violation of federal immigration law.18
(b) A person who, while committing another criminal offense, knowingly and intentionally19
transports or moves an illegal alien undocumented person in a motor vehicle for the20
purpose of furthering the illegal undocumented presence of the alien person in the United21
States shall be guilty of the offense of transporting or moving an illegal alien22
undocumented person.23
(c) Except as provided in this subsection, a person convicted for a first offense of24
transporting or moving an illegal alien undocumented person who moves seven or fewer25
illegal aliens undocumented persons at the same time shall be guilty of a misdemeanor and,26
upon conviction thereof, shall be punished by imprisonment not to exceed 12 months, a27
fine not to exceed $1,000.00, or both. A person convicted for a second or subsequent28
offense of transporting or moving an illegal alien undocumented person, and a person29
convicted on a first offense of transporting or moving an illegal alien undocumented person30
who moves eight or more illegal aliens undocumented persons at the same time, shall be31
guilty of a felony and, upon conviction thereof, shall be punished by imprisonment of not32
less than one or more than five years, a fine of not less than $5,000.00 or more than33
$20,000.00, or both. A person who commits the offense of transporting or moving an34
illegal alien undocumented person who does so with the intent of making a profit or35
receiving anything of value shall be guilty of a felony and, upon conviction thereof, shall36
be punished by imprisonment of not less than one or more than five years, a fine of not less37
than $5,000.00 or more than $20,000.00, or both.38
(d) This Code section shall not apply to:39
(1) A government employee transporting or moving an illegal alien undocumented40
person as a part of his or her official duties or to any person acting at the direction of such41
employee;42

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(2) A person who transports an illegal alien undocumented person to or from a judicial43
or administrative proceeding when such illegal alien undocumented person is required44
to appear pursuant to a summons, subpoena, court order, or other legal process;45
(3) A person who transports an illegal alien undocumented person to a law enforcement46
agency or a judicial officer for official government purposes;47
(4) An employer transporting an employee who was lawfully hired; or48
(5) A person providing privately funded social services."49
SECTION 2.50
Said article is further amended by revising Code Section 16-11-201, relating to definitions51
regarding offenses of concealing, harboring, or shielding an illegal alien, as follows:52
"16-11-201.53
(a) As used in this Code section, the term:54
(1) 'Harboring' or 'harbors' means any conduct that tends to substantially help an illegal55
alien undocumented person to remain in the United States in violation of federal law but56
shall not include a person providing services to infants, children, or victims of a crime;57
a person providing privately funded social services; a person providing emergency58
medical service; or an attorney or his or her employees for the purpose of representing59
a criminal defendant.60
(2) 'Illegal alien' 'Undocumented person' means a person who is verified by the federal61
government to be present in the United States in violation of federal immigration law.62
(b) A person who