O.C.G.A. § 50-36-2
O.C.G.A. § 50-36-2
O.C.G.A. § 50-36-2
GEORGIA CODE
Copyright 2011 by The State of Georgia
All rights reserved.
*** Current Through the 2011 Extraordinary Session ***
TITLE 50. STATE GOVERNMENT
CHAPTER 36. VERIFICATION OF LAWFUL PRESENCE WITHIN UNITED STATES
O.C.G.A. § 50-36-2 (2011)
§ 50-36-2. Secure and verifiable identity document; applicability
(a) This Code section shall be known and may be cited as the “Secure and Verifiable Identity Document Act.”
(b) As used in this Code section, the term:
(1) “Agency or political subdivision” means any department, agency, authority, commission, or government entity of this state or any subdivision of this state.
(2) “Public official” means an elected or appointed official or an employee or an agent of an agency or political subdivision.
(3) “Secure and verifiable document” means a document issued by a state or federal jurisdiction or recognized by the United States government and that is verifiable by federal or state law enforcement, intelligence, or homeland security agencies. Secure and verifiable document shall not mean a Matricula Consular de Alta Seguridad, matricula consular card, consular matriculation card, consular identification card, or similar identification card issued by a foreign government regardless of the holder’s immigration status. Only those documents approved and posted by the Attorney General pursuant to subsection (f) of this Code section shall be considered secure and verifiable documents.
(c) Unless required by federal law, on or after January 1, 2012, no agency or political subdivision shall accept, rely upon, or utilize an identification document for any official purpose that requires the presentation of identification by such agency or political subdivision or by federal or state law unless it is a secure and verifiable document.
(d) Any person acting in willful violation of this Code section by knowingly accepting identification documents that are not secure and verifiable documents shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by imprisonment not to exceed 12 months, a fine not to exceed $1,000.00, or both.
(e) This Code section shall not apply to:
(1) A person reporting a crime;
(2) An agency official accepting a crime report, conducting a criminal investigation, or assisting a foreign national to obtain a temporary protective order;
(3) A person providing services to infants, children, or victims of a crime;
(4) A person providing emergency medical service;
(5) A peace officer in the performance of the officer’s official duties and within the scope of his or her employment;
(6) Instances when a federal law mandates acceptance of a document;
(7) A court, court official, or traffic violation bureau for the purpose of enforcing a citation, accusation, or indictment;
(8) Paragraph (2) of subsection (a) of Code Section 40-5-21 or paragraph (2) of subsection (a) of Code Section 40-5-21.1; or
(9) An attorney or his or her employees for the purpose of representing a criminal defendant.
(f) Not later than August 1, 2011, the Attorney General shall provide and make public on the Department of Law’s website a list of acceptable secure and verifiable documents. The list shall be reviewed and updated annually by the Attorney General.
HISTORY: Code 1981, § 50-36-2, enacted by Ga. L. 2011, p. 794, § 19/HB 87.