25 LC 39 9000
House Bill 194
By: Representatives Byrd of the 20
th
, Kahaian of the 81
st
, Ridley of the 22
nd
, and Horner of
the 3
rd
A BILL TO BE ENTITLED
AN ACT
To amend Article 2 of Chapter 3 of Title 16 of the Official Code of Georgia Annotated,
1
relating to justification and excuse in defenses to criminal prosecutions, so as to revise2
standards of justification for use of force in defense of self or others; to provide for a3
rebuttable presumption; to provide for timing for claims of immunity from prosecution based4
upon justification; to provide for standards of proof; to amend Code Section 51-11-9 of the5
Official Code of Georgia Annotated, relating to no duty to retreat and immunity in certain6
instances of threat or use of force, so as to extend immunity from civil liability in justified7
use of force cases to legal representatives and heirs of the person against whom force was8
used; to provide for related matters; to repeal conflicting laws; and for other purposes.9
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:10
SECTION 1.11
Article 2 of Chapter 3 of Title 16 of the Official Code of Georgia Annotated, relating to12
justification and excuse in defenses to criminal prosecutions, is amended by revising Code13
Section 16-3-21, relating to use of force in defense of self or others and evidence of belief14
that force was necessary in murder or manslaughter prosecution, as follows:15
H. B. 194
- 1 - 25 LC 39 9000
"16-3-21.
16
(a) A person is justified in threatening or using force against another when and to the17
extent that he or she reasonably believes that such threat or force is necessary to defend18
himself or herself or a third person against such other's imminent use of unlawful force;19
however, except as provided in Code Section 16-3-23, a person is justified in using force20
which is intended or likely to cause death or great bodily harm only if he or she reasonably21
believes that such force is necessary to prevent death or great bodily injury to himself or22
herself or a third person or to prevent the commission of a forcible felony. Any such use
23
of force is presumed to be reasonable and necessary for defense and justified pursuant to24
this Code section, but such presumption may be rebutted.25
(b) A person is not justified in using force under the circumstances specified in26
subsection (a) of this Code section if he:27
(1) He or she used or threatened force against a law enforcement officer acting in the28
performance of his or her official duties and such officer properly identified himself or29
herself in accordance with law or the person who used or threatened force knew or30
reasonably should have known that the person was a law enforcement officer Initially31
provokes the use of force against himself with the intent to use such force as an excuse32
to inflict bodily harm upon the assailant; and33
(2) The force used or threatened occurred in a location readily accessible to the public34
or a place of public accommodation. Is attempting to commit, committing, or fleeing35
after the commission or attempted commission of a felony; or36
(3) Was the aggressor or was engaged in a combat by agreement unless he withdraws37
from the encounter and effectively communicates to such other person his intent to do so38
and the other, notwithstanding, continues or threatens to continue the use of unlawful39
force.40
(c) Any rule, regulation, or policy of any agency of the state or any ordinance, resolution,41
rule, regulation, or policy of any county, municipality, or other political subdivision of the42
H. B. 194
- 2 - 25 LC 39 9000
state which is in conflict with this Code section shall be null, void, and of no force and
43
effect.44
(d) In a prosecution for murder or manslaughter, if a defendant raises as a defense a45
justification provided by subsection (a) of this Code section, the defendant, in order to46
establish the defendant's reasonable belief that the use of force or deadly force was47
immediately necessary, may be permitted to offer:48
(1) Relevant evidence that the defendant had been the victim of acts of family violence49
or child abuse committed by the deceased, as such acts are described in Code50
Sections 19-13-1 and 19-15-1, respectively; and51
(2) Relevant expert testimony regarding the condition of the mind of the defendant at the52
time of the offense, including those relevant facts and circumstances relating to the family53
violence or child abuse that are the bases of the expert's opinion."54
SECTION 2.55
Said article is further amended by revising Code Section 16-3-24.2, relating to immunity56
from prosecution and exception, as follows:57
"16-3-24.2.58
(a)
A person who uses threats or force in accordance with Code Section 16-3-20, 16-3-21,59
16-3-23, 16-3-23.1, 16-3-24, or 17-4-20 shall be immune from criminal prosecution60
therefor unless in the use of deadly force, such person utilizes a weapon the carrying or61
possession of which is unlawful by such person under Part 2 of Article 4 of Chapter 11 of62
this title.63
(b) A law enforcement agency may use standard procedures to investigate the use of64
threats or force in instances set forth in subsection (a) of this Code section; provided,65
however, that such agency shall not arrest a person for using or threatening to use force66
unless a probable cause determination has been made that such force used or threatened67
was unlawful.68
H. B. 194
- 3 - 25 LC 39 9000
(c) A claim of immunity pursuant to this Code section may be made during arraignment69
or as a pretrial motion. When a prima-facie claim of immunity has been raised, such claim70
shall only be overcome by clear and convincing evidence."71
SECTION 3.72
Code Section 51-11-9 of the Official Code of Georgia Annotated, relating to no duty to73
retreat and immunity in certain instances of threat or use of force, is amended as follows:74
"51-11-9.75
A person who is justified in threatening or using force against another under the provisions76
of Code Section 16-3-20, relating to justification as a defense, Code Section 16-3-21,77
relating to the use of force in defense of self or others, Code Section 16-3-23, relating to78
the use of force in defense of a habitation, Code Section 16-3-24, relating to the use of79
force in defense of property other than a habitation, or Code Section 17-4-20, relating to80
arrests and use of force by law enforcement officers, has no duty to retreat from the use of81
such force and shall not be held liable to the person against whom the use of force was82
justified, to any personal representative or heir of such person, or to any person acting as83
an accomplice or assistant to such person in any civil action brought as a result of the threat84
or use of such force."85
SECTION 4.86
All laws and parts of laws in conflict with this Act are repealed. 87
H. B. 194
- 4 -