2020 Georgia Code
Title 50 - State Government
Chapter 36 - Verification of Lawful Presence Within United States
§ 50-36-2. Secure and Verifiable Identity Document; Applicability

1. This Code section shall be known and may be cited as the "Secure and Verifiable Identity Document Act."
2. 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. 1. "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 and shall include:
         1. An original or certified birth certificate issued by a state, county, municipal authority, or territory of the United States bearing an official seal;
         2. A certification of report of birth issued by the United States Department of State;
         3. A certification of birth abroad issued by the United States Department of State; or
         4. A consular report of birth abroad issued by the United States Department of State.
      2. The term "secure and verifiable document" shall not include any foreign passport unless the passport is submitted with a valid United States Homeland Security Form I-94, I-94A, or I-94W, or other federal document specifying an alien's lawful immigration status, or other proof of lawful presence in the United States under federal immigration law, or 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 (g) of this Code section shall be considered secure and verifiable documents.
3. 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.
4. Copies of secure and verifiable documents submitted in person, by mail, or electronically shall satisfy the requirements of this Code section. For purposes of this subsection, electronic submission shall include, but shall not be limited to, submission via facsimile, Internet, or any other electronically assisted transmitted method approved by the agency or political subdivision.
5. 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.
6. 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;
   9. An attorney or his or her employees for the purpose of representing a criminal defendant; or
   10. The provision of utility services related to basic human necessities, including water, sewer, electrical power, communications, and gas.
7. 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.

(Code 1981, §50-36-2, enacted by Ga. L. 2011, p. 794, § 19/HB 87; Ga. L. 2013, p. 111, § 7/SB 160.)

- Offenses involving illegal aliens, § 16-11-200 et seq.

Determination of immigration status of suspects, § 17-5-100.

Cooperation of Georgia law enforcement with federal immigration authorities, § 35-1-6.

Immigration enforcement review board, § 50-36-3.

- For article on the 2011 enactment of this Code section, see 28 Ga. St. U.L. Rev. 35 (2011). For article on the 2013 amendment of this Code section, see 30 Ga. St. U.L. Rev. 173 (2013).

OPINIONS OF THE ATTORNEY GENERAL

Fingerprinting required.

- Offenses arising from a violation of O.C.G.A. § 50-36-2 are offenses for which fingerprinting is required. 2011 Op. Att'y Gen. No. 11-5.