25 LC 48 1464
House Bill 464
By: Representatives Bell of the 75
th
, Kahaian of the 81
st
, Berry of the 56
th
, Byrd of the 20
th
,
and Sanchez of the 42
nd
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 relative to defenses to criminal prosecutions, so as to2
provide for immunity for a prospective offender while seeking assistance from law3
enforcement as a victim of a certain offenses; to provide for limitations regarding4
prosecution; to provide for related matters; to repeal conflicting laws; and for other purposes.5
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6
SECTION 1.7
Article 2 of Chapter 3 of Title 16 of the Official Code of Georgia Annotated, relating to8
justification and excuse relative to defenses to criminal prosecutions, is amended by adding9
a new Code section, to read as follows:10
"16-3-22.2.
11
(a) Any person who in good faith seeks the assistance of law enforcement while being a12
victim of a violation of:13
(1) Aggravated assault, as defined in Code Section 16-5-21;14
(2) Aggravated battery, as defined in Code Section 16-5-24;15
(3) Female genital mutilation, as defined in Code Section 16-5-27;16
H. B. 464
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(4) Kidnapping, as defined in Code Section 16-5-40;17
(5) Rape, as defined in Code Section 16-6-1;18
(6) Aggravated sodomy, as defined in Code Section 16-6-2;19
(7) Aggravated sexual battery, as defined in Code Section 16-6-22.2; or20
(8) Armed robbery, as defined in Code Section 16-8-4121
shall not be arrested, charged, or prosecuted for any criminal violation, if the evidence for22
the arrest, charge, or prosecution of criminal violation resulted solely from seeking such23
assistance.24
(b) Any person who is a victim of a crime as provided for in paragraphs (1) through (8)25
of subsection (a) of this Code section who in good faith seeks law enforcement assistance26
for himself or herself or who is the subject of such a request shall not be arrested, charged,27
or prosecuted for a criminal violation if the evidence for the arrest, charge, or prosecution28
of such criminal violation resulted solely from seeking such assistance from law29
enforcement. Any such person shall also not be subject to, if related to the seeking of such30
assistance:31
(1) Penalties for a violation of a permanent or temporary protective order or restraining32
order; or33
(2) Sanctions for a violation of a condition of pretrial release, condition of probation, or34
condition of parole based on a drug violation."35
SECTION 2.36
All laws and parts of laws in conflict with this Act are repealed.37
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