Georgia 2025-2026 Regular Session

Georgia House Bill HB441 Compare Versions

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

Old	New	Differences
1	1	25 LC 46 1024
2	2	House Bill 441
3	3	By: Representatives Dunahoo of the 31
4	4	st
5	5	, Carpenter of the 4
6	6	th
7	7	, Byrd of the 20
8	8	th
9	9	, Mathis of the
10	10	133
11	11	rd
12	12	, Kelley of the 16
13	13	th
14	14	, and others
15	15	A BILL TO BE ENTITLED
16	16	AN ACT
17	17	To amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and
18	18	1
19	19	offenses, so as to provide for a coercion defense to a charge of murder for defendant mothers2
20	20	of unborn children; to provide a short title; to provide for a definition; to provide for3
21	21	construction; to provide for exceptions; to provide for concurrent prosecuting authority of4
22	22	the Attorney General and prosecuting attorneys in certain cases; to provide for applicability;5
23	23	to remove exceptions that allow for assault and battery on an unborn child; to amend Code6
24	24	Section 19-7-1 of the Official Code of Georgia Annotated, relating to in whom parental7
25	25	power lies, how such power lost, and recovery for homicide of a child or unborn child, so as8
26	26	to provide for the right to recovery for the life of a child beginning at the stage of9
27	27	fertilization; to provide for related matters; to provide for legislative findings and10
28	28	determinations; to repeal conflicting laws; and for other purposes.11
29	29	BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:12
30	30	SECTION 1.13
31	31	The General Assembly finds and determines that:14
32	32	(1) Article I, Section I, Paragraph I of the Georgia Constitution provides, "No person shall15
33	33	be deprived of life, liberty, or property except by due process of law.";16
34	34	H. B. 441
35	35	- 1 - 25 LC 46 1024
36	36	(2) Article I, Section I, Paragraph II of the Georgia Constitution provides, "Protection to
37	37	17
38	38	person and property is the paramount duty of government and shall be impartial and18
39	39	complete. No person shall be denied the equal protection of the laws.";19
40	40	(3) The Fourteenth Amendment to the Constitution of the United States requires that "[n]o20
41	41	state...shall deny to any person within its jurisdiction the equal protection of the laws";21
42	42	(4) To fulfill such right to life and equal protection requirements, the lives of unborn22
43	43	persons in this state should be protected with the same criminal and civil laws protecting23
44	44	the lives of born persons by removing provisions that enable the commission of willful24
45	45	prenatal homicide and assault; and25
46	46	(5) Current provisions could be interpreted to allow a person to pressure a pregnant mother26
47	47	to abort her child, and such provisions should be removed.27
48	48	SECTION 2.28
49	49	Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is29
50	50	amended by revising Code Section 16-3-26, relating to coercion, as follows:30
51	51	"16-3-26.31
52	52	A person is not guilty of a crime, except murder, if the act upon which the supposed
53	53	32
54	54	criminal liability is based is performed under such coercion that the person reasonably33
55	55	believes that performing the act is the only way to prevent his imminent death or great34
56	56	bodily injury.35
57	57	(a) A person is not guilty of a crime if the act upon which the supposed criminal liability36
58	58	is based is performed under such coercion that the person reasonably believes that the37
59	59	performance of the act is the only way to prevent his or her imminent death or great bodily38
60	60	injury.39
61	61	(b) The defense of coercion provided by subsection (a) of this Code section shall not apply40
62	62	to a charge of murder unless the victim is an unborn child and the defendant is the child's41
63	63	mother."42
64	64	H. B. 441
65	65	- 2 - 25 LC 46 1024
66	66	SECTION 3.
67	67	43
68	68	Said title is further amended in Article 1 of Chapter 5, relating to homicide, by adding a new44
69	69	Code section to read as follows:45
70	70	"16-5-6.
71	71	46
72	72	(a) This Code section shall be known and may be cited as the 'Georgia Prenatal Equal47
73	73	Protection Act.'48
74	74	(b) As used in this article, the term 'human being' includes a living human and an unborn49
75	75	child at every stage of development from fertilization until birth.50
76	76	(c) Enforcement pursuant to this Code section is subject to the same presumptions,51
77	77	defenses, justifications, laws of parties, immunities, and clemencies as would apply to the52
78	78	homicide of a person who had been born alive.53
79	79	(d) This chapter shall not apply to the unintentional injury or death of an unborn child54
80	80	when resulting from:55
81	81	(1) The undertaking of procedures to save the life of a mother when accompanied by56
82	82	reasonable steps, if available, to save the life of her unborn child; or57
83	83	(2) A spontaneous miscarriage.58
84	84	(e) Prosecuting attorneys and the Attorney General shall have concurrent authority to59
85	85	prosecute any criminal cases arising under the provisions of this Code section and to60
86	86	perform any necessary related duty. For purposes of investigating offenses or criminal61
87	87	cases arising under the provisions of this Code section, the Attorney General shall have the62
88	88	authority to employ peace officers.63
89	89	(f) This Code section prevails over other law to the extent of any conflict.64
90	90	(g) In accordance with Article I, Section I, Paragraph X of the Georgia Constitution,65
91	91	Article I, Section 9, Clause 3 of the Constitution of the United States, and Code66
92	92	Section 1-3-5, this Code section is prospective only and shall not apply to any act67
93	93	committed prior to the effective date of this Act."68
94	94	H. B. 441
95	95	- 3 - 25 LC 46 1024
96	96	SECTION 4.
97	97	69
98	98	Said title is further amended by revising Code Section 16-5-28, relating to assault on an70
99	99	unborn child, as follows:71
100	100	"16-5-28.72
101	101	(a) For the purposes of this Code section, the term 'unborn child' means a member of the73
102	102	species homo sapiens at any stage of development who is carried in the womb.74
103	103	(b) A person commits the offense of assault of an unborn child when such person, without75
104	104	legal justification, attempts to inflict violent injury to an unborn child.76
105	105	(c) Any person convicted of the offense of assault of an unborn child shall be guilty of a77
106	106	misdemeanor.78
107	107	(d) Nothing in this Code section shall be construed to permit the prosecution of:
108	108	79
109	109	(1) Any person for conduct relating to an abortion for which the consent of the pregnant80
110	110	woman, or person authorized by law to act on her behalf, has been obtained or for which81
111	111	such consent is implied by law;82
112	112	(2) Any person for any medical treatment of the pregnant woman or her unborn child;83
113	113	or84
114	114	(3) Any woman with respect to her unborn child."85
115	115	SECTION 5.86
116	116	Said title is further amended by revising Code Section 16-5-29, relating to battery of an87
117	117	unborn child, as follows:88
118	118	"16-5-29.89
119	119	(a) For the purposes of this Code section, the term 'unborn child' means a member of the90
120	120	species homo sapiens at any stage of development who is carried in the womb.91
121	121	(b) A person commits the offense of battery of an unborn child when such person, without92
122	122	legal justification, intentionally inflicts physical harm upon an unborn child.93
123	123	H. B. 441
124	124	- 4 - 25 LC 46 1024
125	125	(c) A person convicted of the offense of battery of an unborn child shall be guilty of a
126	126	94
127	127	misdemeanor.95
128	128	(d) Nothing in this Code section shall be construed to permit the prosecution of:
129	129	96
130	130	(1) Any person for conduct relating to an abortion for which the consent of the pregnant97
131	131	woman, or person authorized by law to act on her behalf, has been obtained or for which98
132	132	such consent is implied by law;99
133	133	(2) Any person for any medical treatment of the pregnant woman or her unborn child;100
134	134	or101
135	135	(3) Any woman with respect to her unborn child."102
136	136	SECTION 6.103
137	137	Code Section 19-7-1 of the Official Code of Georgia Annotated, relating to in whom parental104
138	138	power lies, how such power lost, and recovery for homicide of a child or unborn child, is105
139	139	amended by revising paragraph (1) of subsection (c) as follows:106
140	140	"(c)(1) In every case of the homicide of a child, minor or sui juris, there shall be some107
141	141	party entitled to recover the full value of the life of the child, either as provided in this108
142	142	Code section or as provided in Chapter 4 of Title 51. For the homicide of an unborn109
143	143	child, the right to recover for the full value of the life of such child shall begin at the point110
144	144	at which a detectable human heartbeat, as such term is defined in Code Section 1-2-1, is111
145	145	present fertilization."112
146	146	SECTION 7.113
147	147	All laws and parts of laws in conflict with this Act are repealed.114
148	148	H. B. 441
149	149	- 5 -