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Bill > HB194


GA HB194

GA HB194
Crimes and offenses; justification for use of force in defense of self or others; revise standards


summary

Introduced
01/30/2025
In Committee
Crossed Over
Passed
Dead

Introduced Session

2025-2026 Regular Session

Bill Summary

AN ACT To amend Article 2 of Chapter 3 of Title 16 of the Official Code of Georgia Annotated, relating to justification and excuse in defenses to criminal prosecutions, so as to revise standards of justification for use of force in defense of self or others; to provide for a rebuttable presumption; to provide for timing for claims of immunity from prosecution based upon justification; to provide for standards of proof; to amend Code Section 51-11-9 of the Official Code of Georgia Annotated, relating to no duty to retreat and immunity in certain instances of threat or use of force, so as to extend immunity from civil liability in justified use of force cases to legal representatives and heirs of the person against whom force was used; to provide for related matters; to repeal conflicting laws; and for other purposes.

AI Summary

This bill revises Georgia's laws regarding the use of force in self-defense, making several key changes to provide broader protections for individuals who use force to defend themselves or others. The bill establishes a presumption that force used in self-defense is reasonable and necessary, which can only be rebutted by clear evidence. It modifies restrictions on using force, particularly against law enforcement, and clarifies that force can be used in publicly accessible locations. The bill also introduces new procedural protections for individuals claiming self-defense, including requiring law enforcement to establish probable cause before arresting someone who claims self-defense. Additionally, the bill extends civil liability protections, allowing legal representatives and heirs of a person against whom force was used to be protected from civil lawsuits. The legislation provides more explicit guidelines for when force is justified, including allowing defendants in murder or manslaughter cases to introduce evidence of past family violence or child abuse to support their claim of reasonable belief in the necessity of using force. Importantly, the bill creates a higher standard of proof for overcoming a claim of self-defense immunity, requiring "clear and convincing evidence" to challenge such a claim.

Committee Categories

Justice

Sponsors (4)

Last Action

House Second Readers (on 02/04/2025)

bill text


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