Bill > SB397

This bill establishes new legal avenues for Georgia residents to seek remedies when their constitutional rights are violated by civil immigration enforcement officers. It defines "crowd control equipment" broadly to include items like projectile launchers, chemical irritants, and stun devices, and clarifies what constitutes a "facial covering" in specific contexts, excluding standard medical masks. The bill allows any Georgia resident, except for state or local government employees, to sue individuals involved in civil immigration enforcement who knowingly violate the U.S. or Georgia Constitutions. It states that all common law remedies, including monetary damages, injunctions, and declaratory relief, are available for such violations, regardless of whether other legal claims exist. The bill also outlines specific factors a court should consider when determining punitive damages against an officer acting under color of law, such as whether the officer wore a facial covering, failed to identify themselves, did not use a required body camera, used a vehicle without a license plate, employed crowd control equipment, or violated a court order. Finally, it mandates that prevailing parties in these lawsuits be awarded reasonable attorney's fees and litigation costs.

Justice

https://www.legis.ga.gov/legislation/72202