Georgia 2025-2026 Regular Session

Georgia House Bill HB194 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	25 LC 39 9000
2	2	House Bill 194
3	3	By: Representatives Byrd of the 20
4	4	th
5	5	, Kahaian of the 81
6	6	st
7	7	, Ridley of the 22
8	8	nd
9	9	, and Horner of
10	10	the 3
11	11	rd
12	12
13	13	A BILL TO BE ENTITLED
14	14	AN ACT
15	15	To amend Article 2 of Chapter 3 of Title 16 of the Official Code of Georgia Annotated,
16	16	1
17	17	relating to justification and excuse in defenses to criminal prosecutions, so as to revise2
18	18	standards of justification for use of force in defense of self or others; to provide for a3
19	19	rebuttable presumption; to provide for timing for claims of immunity from prosecution based4
20	20	upon justification; to provide for standards of proof; to amend Code Section 51-11-9 of the5
21	21	Official Code of Georgia Annotated, relating to no duty to retreat and immunity in certain6
22	22	instances of threat or use of force, so as to extend immunity from civil liability in justified7
23	23	use of force cases to legal representatives and heirs of the person against whom force was8
24	24	used; to provide for related matters; to repeal conflicting laws; and for other purposes.9
25	25	BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:10
26	26	SECTION 1.11
27	27	Article 2 of Chapter 3 of Title 16 of the Official Code of Georgia Annotated, relating to12
28	28	justification and excuse in defenses to criminal prosecutions, is amended by revising Code13
29	29	Section 16-3-21, relating to use of force in defense of self or others and evidence of belief14
30	30	that force was necessary in murder or manslaughter prosecution, as follows:15
31	31	H. B. 194
32	32	- 1 - 25 LC 39 9000
33	33	"16-3-21.
34	34	16
35	35	(a) A person is justified in threatening or using force against another when and to the17
36	36	extent that he or she reasonably believes that such threat or force is necessary to defend18
37	37	himself or herself or a third person against such other's imminent use of unlawful force;19
38	38	however, except as provided in Code Section 16-3-23, a person is justified in using force20
39	39	which is intended or likely to cause death or great bodily harm only if he or she reasonably21
40	40	believes that such force is necessary to prevent death or great bodily injury to himself or22
41	41	herself or a third person or to prevent the commission of a forcible felony. Any such use
42	42	23
43	43	of force is presumed to be reasonable and necessary for defense and justified pursuant to24
44	44	this Code section, but such presumption may be rebutted.25
45	45	(b) A person is not justified in using force under the circumstances specified in26
46	46	subsection (a) of this Code section if he:27
47	47	(1) He or she used or threatened force against a law enforcement officer acting in the28
48	48	performance of his or her official duties and such officer properly identified himself or29
49	49	herself in accordance with law or the person who used or threatened force knew or30
50	50	reasonably should have known that the person was a law enforcement officer Initially31
51	51	provokes the use of force against himself with the intent to use such force as an excuse32
52	52	to inflict bodily harm upon the assailant; and33
53	53	(2) The force used or threatened occurred in a location readily accessible to the public34
54	54	or a place of public accommodation. Is attempting to commit, committing, or fleeing35
55	55	after the commission or attempted commission of a felony; or36
56	56	(3) Was the aggressor or was engaged in a combat by agreement unless he withdraws37
57	57	from the encounter and effectively communicates to such other person his intent to do so38
58	58	and the other, notwithstanding, continues or threatens to continue the use of unlawful39
59	59	force.40
60	60	(c) Any rule, regulation, or policy of any agency of the state or any ordinance, resolution,41
61	61	rule, regulation, or policy of any county, municipality, or other political subdivision of the42
62	62	H. B. 194
63	63	- 2 - 25 LC 39 9000
64	64	state which is in conflict with this Code section shall be null, void, and of no force and
65	65	43
66	66	effect.44
67	67	(d) In a prosecution for murder or manslaughter, if a defendant raises as a defense a45
68	68	justification provided by subsection (a) of this Code section, the defendant, in order to46
69	69	establish the defendant's reasonable belief that the use of force or deadly force was47
70	70	immediately necessary, may be permitted to offer:48
71	71	(1) Relevant evidence that the defendant had been the victim of acts of family violence49
72	72	or child abuse committed by the deceased, as such acts are described in Code50
73	73	Sections 19-13-1 and 19-15-1, respectively; and51
74	74	(2) Relevant expert testimony regarding the condition of the mind of the defendant at the52
75	75	time of the offense, including those relevant facts and circumstances relating to the family53
76	76	violence or child abuse that are the bases of the expert's opinion."54
77	77	SECTION 2.55
78	78	Said article is further amended by revising Code Section 16-3-24.2, relating to immunity56
79	79	from prosecution and exception, as follows:57
80	80	"16-3-24.2.58
81	81	(a)
82	82	A person who uses threats or force in accordance with Code Section 16-3-20, 16-3-21,59
83	83	16-3-23, 16-3-23.1, 16-3-24, or 17-4-20 shall be immune from criminal prosecution60
84	84	therefor unless in the use of deadly force, such person utilizes a weapon the carrying or61
85	85	possession of which is unlawful by such person under Part 2 of Article 4 of Chapter 11 of62
86	86	this title.63
87	87	(b) A law enforcement agency may use standard procedures to investigate the use of64
88	88	threats or force in instances set forth in subsection (a) of this Code section; provided,65
89	89	however, that such agency shall not arrest a person for using or threatening to use force66
90	90	unless a probable cause determination has been made that such force used or threatened67
91	91	was unlawful.68
92	92	H. B. 194
93	93	- 3 - 25 LC 39 9000
94	94	(c) A claim of immunity pursuant to this Code section may be made during arraignment69
95	95	or as a pretrial motion. When a prima-facie claim of immunity has been raised, such claim70
96	96	shall only be overcome by clear and convincing evidence."71
97	97	SECTION 3.72
98	98	Code Section 51-11-9 of the Official Code of Georgia Annotated, relating to no duty to73
99	99	retreat and immunity in certain instances of threat or use of force, is amended as follows:74
100	100	"51-11-9.75
101	101	A person who is justified in threatening or using force against another under the provisions76
102	102	of Code Section 16-3-20, relating to justification as a defense, Code Section 16-3-21,77
103	103	relating to the use of force in defense of self or others, Code Section 16-3-23, relating to78
104	104	the use of force in defense of a habitation, Code Section 16-3-24, relating to the use of79
105	105	force in defense of property other than a habitation, or Code Section 17-4-20, relating to80
106	106	arrests and use of force by law enforcement officers, has no duty to retreat from the use of81
107	107	such force and shall not be held liable to the person against whom the use of force was82
108	108	justified, to any personal representative or heir of such person, or to any person acting as83
109	109	an accomplice or assistant to such person in any civil action brought as a result of the threat84
110	110	or use of such force."85
111	111	SECTION 4.86
112	112	All laws and parts of laws in conflict with this Act are repealed. 87
113	113	H. B. 194
114	114	- 4 -