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GA HB582

GA HB582
Georgia Survivor Justice Act; enact


summary

Introduced
02/21/2025
In Committee
03/28/2025
Crossed Over
03/06/2025
Passed
04/10/2025
Dead
Signed/Enacted/Adopted
05/12/2025

Introduced Session

2025-2026 Regular Session

Bill Summary

AN ACT To amend Titles 16, 17, 24, and 45 of the Official Code of Georgia Annotated, relating to crimes and offenses, criminal procedure, evidence, and public officers and employees, respectively, so as to provide for defendants to support a justification defense by offering evidence of family violence, dating violence, or child abuse committed by the alleged victim; to provide for petitions for the opportunity to present such evidence; to revise provisions for the defense of coercion and to provide for the application of such defense in all criminal cases; to provide a privilege for participation in victim centered programs and victim-offender dialogues; to provide for definitions; to provide for limitations; to provide for civil immunity for facilitators in certain circumstances; to provide for a short title; to provide for uniform oaths to be sworn by all peace officers; to provide for aspirational language in such oaths; to limit the legal effect of any such aspirational language; to limit the crime of violation of oath of a public officer to codified oaths; to limit the violation of oath by a public officer to violations predicated on certain offenses; to provide for related matters; to repeal conflicting laws; and for other purposes.

AI Summary

This bill, known as the Georgia Survivor Justice Act, introduces several significant legal reforms aimed at providing additional protections and considerations for survivors of family violence, dating violence, and child abuse in criminal proceedings. The bill expands defendants' ability to present evidence of abuse they experienced in murder and other criminal prosecutions, allowing them to introduce a wider range of evidence such as protective order records, expert testimony about the psychological effects of abuse, and documentation of seeking help from counselors or law enforcement. It modifies the legal defense of coercion by removing the murder exception and broadening the circumstances under which a defendant can claim coercion. The bill also creates a new sentencing provision that allows defendants to present evidence of abuse as a mitigating factor during sentencing, potentially resulting in reduced sentences for those who can demonstrate that abuse significantly contributed to their criminal offense. Additionally, the bill establishes a legal privilege for communications made during victim-centered practices and victim-offender dialogues, protecting the confidentiality of these interactions, and introduces new oath requirements for peace officers that emphasize fairness and impartiality, while clarifying that aspirational language in these oaths does not have legal standing in court proceedings.

Committee Categories

Justice

Sponsors (7)

Last Action

Effective Date 2025-07-01 (on 05/12/2025)

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