Definitions

As used in this part, the term: (1) ‘‘Foreign government’’ means the government of any country, nation, or group of nations other than the government of the United States of America or of one of the states thereof. (2) ‘‘Foreign subversive organizations’’ means any organization directed, dominated, or controlled directly or indirectly by a foreign government which engages in or advocates, abets, advises, or teaches, or a purpose of which is to engage in or to advocate, abet, advise, or teach activities intended to overthrow, to destroy, or to assist in the overthrow or destruction of the government of the United States or of this state or of any political subdivision of either of them and to establish in place thereof any form of government the direction and control of which is to be vested in, or exercised by or under, the domination or control of any foreign government, organization, or individual. (3) ‘‘Organization’’ means an organization, corporation, company, partnership, association, trust, foundation, fund, club, society, committee, political party, or any group of persons, whether or not incorporated, permanently or temporarily associated together for joint action or advancement of views on any subject or subjects. (4) ‘‘Subversive organization’’ means an organization which engages in or advocates, abets, advises, or teaches, or a purpose for which is to engage in or advocate, abet, advise, or teach activities intended to overthrow, to destroy, or to assist in the overthrow or destruction of the government of the United States, government of this state, or of any political subdivision of either of them by revolution, force, or violence. (5) ‘‘Subversive person’’ means any person who commits, attempts to commit, or aids in the commission or advocates, abets, advises, or teaches by any means any person to commit, attempt to commit, or aid in the commission of any act intended to overthrow, to destroy, or to assist in the overthrow or destruction of the government of the United States or of this state or any political subdivision of either of them by revolution, force, or violence; or who is a knowing member of a subversive organization or a foreign subversive organization. (Ga. 744 16-11-8 L. 1953, Jan.-Feb. Sess., p. 216, § 1; Ga. L. 1953, Nov.-Dec. Sess., p. 73, § 1.) 16-11-7. Special assistant attorney general for investigation and prosecution of subversive activities. The Governor, with the concurrence of the Attorney General, is authorized and directed to appoint a special assistant attorney general for investigating and prosecuting subversive activities, whose responsibility it shall be, under the supervision of the Attorney General, to assemble, arrange, and deliver to the district attorney of any county, together with a list of necessary witnesses for presentation to the next grand jury in the county, all information and evidence of matters within the county which have come to his or her attention relating in any manner to the acts prohibited by this part and relating generally to the purpose, processes, and activities of subversive organizations, associations, groups, or persons. Such evidence may be presented by the Attorney General or the special assistant attorney general to the grand jury of any county directly, and he or she may represent the state on the trial of such a case, should he or she feel the ends of justice would be best served thereby, and the special assistant attorney general may testify before any grand jury as to matters referred to in this part as to which he or she may have information. (Ga. L. 1953, Jan.-Feb. Sess., p. 216, § 6; Ga. L. 1953, Nov.-Dec. Sess., p. 73, § 3; Ga. L. 2015, p. 385, § 5-1/HB 252.) Editor’s notes. — Ga. L. 2015, p. 385, § 1-1/HB 252, not codified by the General Assembly, provides that: ‘‘This Act shall be known and may be cited as the ‘J. Calvin Hill, Jr., Act.’ ’’ 16-11-8. Duties imposed on prosecuting attorneys, commissioner of public safety, sheriffs, and police to furnish information and assistance; establishment of special enforcement agencies. For the collection of any evidence and information referred to in this part, the Governor and the Attorney General are authorized and directed to call upon all prosecuting attorneys, the commissioner of public safety, sheriffs, and county and municipal police authorities to furnish to the special assistant, provided for in Code Section 16-11-7, such assistance as may from time to time be required. Such police authorities are directed to furnish information and assistance as may be from time to time so requested. The police authorities shall transmit immediately to the special assistant attorney general any information coming to their notice and attention regarding the activities of any subversive persons, subversive organizations, or foreign subversive organizations. The Governor by executive order is authorized to establish within existing departments such special enforcement agencies, 745 16-11-11 designate such personnel, and fix such duties as may from time to time be required to perform any of the functions and duties required by this part. (Ga. L. 1953, Jan.-Feb. Sess., p. 216, § 7; Ga. L. 1953, Nov.-Dec. Sess., p. 73, § 4; Ga. L. 1972, p. 1015, § 1602.) 16-11-9. Maintenance of records by special assistant; classification of records.