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Bill > HB194
GA HB194
GA HB194Crimes and offenses; justification for use of force in defense of self or others; revise standards
summary
Introduced
01/30/2025
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)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.legis.ga.gov/legislation/69703 |
| BillText | https://www.legis.ga.gov/api/legislation/document/20252026/230773 |
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