06 LC 18
4930
Senate
Bill 426
By:
Senators Pearson of the 51st, Schaefer of the 50th, Heath of the 31st, Grant of
the 25th, Seabaugh of the 28th and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating
to the Department of Public Safety, so as to provide that the commissioner of
public safety is authorized and directed to negotiate the terms of a memorandum
of understanding between the State of Georgia and the United States Department
of Justice or Department of Homeland Security concerning the enforcement of
federal immigration laws and related activities; to provide for a definition; to
provide for certain training; to provide for funding; to provide for certain
authorized activities by certain peace officers; to repeal conflicting laws; and
for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
2 of Title 35 of the Official Code of Georgia Annotated, relating to the
Department of Public Safety, is amended by inserting at the end of Article 1,
relating to general provisions, a new Code section to read as
follows:
∀35-2-14.
(a)
As used in this Code section, the term 'peace officer' means peace officer as
defined in subparagraph (A) of paragraph (8) of Code Section 35-8-2, as
amended.
(b)
The commissioner is authorized and directed to negotiate the terms of a
memorandum of understanding between the State of Georgia and the United States
Department of Justice or Department of Homeland Security concerning the
enforcement of federal immigration and custom laws, detention and removals, and
investigations in the State of Georgia.
(c)
The memorandum of understanding negotiated pursuant to subsection (b) of this
Code section shall be signed on behalf of the state by the commissioner and the
Governor or as otherwise required by the appropriate federal
agency.
(d)
The commissioner shall designate appropriate peace officers to be trained
pursuant to the memorandum of understanding provided for in subsections (b)
and (c) of this Code section. Such training shall be funded pursuant to
the federal Homeland Security Appropriation Act of 2006, Public Law 109-90, or
any subsequent source of federal funding. The provisions of this subsection
shall become effective upon such funding.
(e)
A peace officer certified as trained in accordance with the memorandum of
understanding as provided in Code Section 35-2-14 is authorized to enforce
federal immigration and customs laws while performing within the scope of his or
her authorized
duties.∀
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.