Georgia 2025-2026 Regular Session

Georgia House Bill HB582 Compare Versions

OldNewDifferences
1-25 HB 582/AP
2-House Bill 582 (AS PASSED HOUSE AND SENATE)
3-By: Representatives Gunter of the 8
4-th
5-, Reeves of the 99
6-th
7-, New of the 40
8-th
9-, Hong of the 103
10-rd
11-,
12-Smith of the 18
13-th
14-, and others
1+25 HB 582/SCSFA
2+SENATE SUBSTITUTE TO HB 582
3+ADOPTED SENATE
154 A BILL TO BE ENTITLED
165 AN ACT
17-To amend Titles 16, 17, 24, and 45 of the Official Code of Georgia Annotated, relating to
18-1
6+To amend Titles 16, 17, 24, and 45 of the Official Code of Georgia Annotated, relating to1
197 crimes and offenses, criminal procedure, evidence, and public officers and employees,2
208 respectively, so as to provide for defendants to support a justification defense by offering3
219 evidence of family violence, dating violence, or child abuse committed by the alleged victim;4
2210 to provide for petitions for the opportunity to present such evidence; to revise provisions for5
2311 the defense of coercion and to provide for the application of such defense in all criminal6
2412 cases; to provide a privilege for participation in victim centered programs and7
2513 victim-offender dialogues; to provide for definitions; to provide for limitations; to provide8
2614 for civil immunity for facilitators in certain circumstances; to provide for a short title; to9
2715 provide for uniform oaths to be sworn by all peace officers; to provide for aspirational10
2816 language in such oaths; to limit the legal effect of any such aspirational language; to limit the11
2917 crime of violation of oath of a public officer to codified oaths; to limit the violation of oath12
3018 by a public officer to violations predicated on certain offenses; to provide for related matters;13
3119 to repeal conflicting laws; and for other purposes.14
3220 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:15
33-H. B. 582
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35-SECTION 1.
36-16
21+- 1 - 25 HB 582/SCSFA
22+SECTION 1.16
3723 This Act shall be known and may be cited as the "Georgia Survivor Justice Act."17
3824 SECTION 2.18
3925 Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is19
4026 amended in Article 2 of Chapter 3, relating to justification and excuse under defenses to20
4127 criminal prosecutions, by revising subsection (d) of Code Section 16-3-21, relating to use of21
4228 force in defense of self or others and evidence of belief that force was necessary in murder22
4329 or manslaughter prosecution, as follows:23
44-"(d)(1)
45- In a prosecution for murder or manslaughter any offense prohibited under Chapter24
30+"(d)(1) In a prosecution for murder or manslaughter any offense prohibited under Chapter24
4631 5 of this title, if a defendant raises as a defense a justification provided by subsection (a)25
4732 of this Code section, the defendant may offer relevant evidence that the defendant had26
4833 been subjected to acts of family violence, dating violence, or child abuse committed by27
4934 the alleged victim, as such acts are described in Code Sections 19-13-1, 19-13A-1, and28
5035 19-15-1, respectively, in order to establish the defendant's reasonable belief that the threat29
5136 or use of force or deadly force was immediately necessary, may be permitted to offer:30
5237 (1) Relevant evidence that the defendant had been the victim of acts of family violence31
5338 or child abuse committed by the deceased, as such acts are described in Code Sections32
5439 19-13-1 and 19-15-1, respectively; and33
5540 (2) Relevant expert testimony regarding the condition of the mind of the defendant at the34
5641 time of the offense, including those relevant facts and circumstances relating to the family35
5742 violence or child abuse that are the bases of the expert's opinion.36
5843 (2) Relevant evidence includes, but is not limited to:37
5944 (A) Evidence pertaining to the alleged victim's prior acts, including, but not limited to:38
6045 (i) Evidence indicating the defendant sought law enforcement assistance;39
6146 (ii) Evidence indicating the defendant sought services from a counselor, social40
6247 worker, domestic violence program, or other relevant agency or service provider;41
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6549 (iii) Evidence indicating the defendant sought medical attention;42
6650 (iv) Evidence of the effects of battering and post-traumatic stress disorder on the43
6751 defendant; and44
6852 (v) Temporary protective order petitions, ex parte orders, and final orders in which45
6953 the alleged victim is the respondent;46
7054 (B) Expert testimony, including, but not limited to, testimony as to relevant facts and47
7155 circumstances relating to the family violence, dating violence, or child abuse, as such48
7256 acts are described in Code Sections 19-13-1, 19-13A-1, and 19-15-1, respectively, that49
7357 are the bases of such expert's opinion; and50
7458 (C) Any other evidence the court determines is of sufficient credibility or probative51
7559 value.52
7660 (3) Evidence introduced under this subsection shall be subject to Code Sections53
7761 24-4-401, 24-4-402, and 24-4-403."54
7862 SECTION 3.55
7963 Said title is further amended in said article by revising Code Section 16-3-26, relating to56
8064 coercion, as follows:57
8165 "16-3-26.58
8266 A person is not guilty of a crime, except murder for the offense of murder provided for in59
8367 subsection (a) of Code Section 16-5-1, if the act upon which the supposed criminal liability60
8468 is based is performed under such coercion that the person he or she reasonably believes that61
8569 performing the act is the only way necessary to prevent his imminent death or great bodily62
8670 injury to himself or herself or a third person."63
8771 SECTION 4.64
8872 Said title is further amended by revising Code Section 16-10-1, relating to violation of oath65
8973 by public officer, as follows:66
90-H. B. 582
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92-"16-10-1.
93-67
94-(a)
95- Any public officer who willfully and intentionally violates the terms of his or her oath68
74+- 3 - 25 HB 582/SCSFA
75+"16-10-1.67
76+(a) Any public officer who willfully and intentionally violates the terms of his or her oath68
9677 as prescribed by law shall, upon conviction thereof, be punished by imprisonment for not69
9778 less than one nor more than five years.70
9879 (b) Any peace officer, as such term is defined in Code Section 35-8-2, who has sworn the71
9980 oath or oaths prescribed in Code Sections 15-16-4 and 45-3-7 shall be subject to72
10081 prosecution under this Code section only for violations of such oath or oaths as prescribed.73
10182 (c) No individual shall be subject to prosecution for violation of his or her oath of office74
10283 under this Code section, except where such violation is predicated upon the commission75
10384 of a felony or a misdemeanor of a high and aggravated nature."76
10485 SECTION 5.77
10586 Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is78
10687 amended in Article 1 of Chapter 10, relating to procedure for sentencing and imposition of79
10788 punishment, by revising subsection (f) of Code Section 17-10-1, relating to fixing of80
10889 sentence, suspension or probation of sentence, change in sentence, eligibility for parole,81
10990 prohibited modifications, and exceptions, as follows:82
11091 "(f)(1) Within one year of the date upon which the sentence is imposed, or within 12083
11192 days after receipt by the sentencing court of the remittitur upon affirmance of the84
11293 judgment after direct appeal, whichever is later, the court imposing the sentence has the85
11394 jurisdiction, power, and authority to correct or reduce the sentence and to suspend or86
11495 probate all or any part of the sentence imposed. The time periods prescribed in this87
11596 subsection require the defendant to file a motion within such time periods; however, the88
11697 court shall not be constrained to issue its order or hear the matter within such time89
11798 periods. Prior to entering any order correcting, reducing, or modifying any sentence, the90
11899 court shall afford notice and an opportunity for a hearing to the prosecuting attorney. 91
119100 Any order modifying a sentence which is entered without notice and an opportunity for92
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122-a hearing as provided in this subsection shall be void. This subsection shall not limit any
123-93
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102+a hearing as provided in this subsection shall be void. This subsection shall not limit any93
124103 other jurisdiction granted to the court in this Code section or as provided for in subsection94
125104 (g) of Code Section 42-8-34.95
126-(2)(A) A person who is serving a sentence may submit a petition to the court
127-96
105+(2)(A) A person who is serving a sentence may submit a petition to the court96
128106 requesting to be sentenced under Code Section 17-10-22 if:97
129107 (i) The offense was committed before July 1, 2025; or98
130108 (ii) The petition includes evidence that was not part of the record of the case at any99
131109 sentencing hearing.100
132110 (B) Such petition shall be served upon the district attorney. The state shall file its101
133111 response, if any, within 60 days of being served with such petition. The superior court102
134112 shall, upon motion for an extension of time and after a hearing and good cause shown,103
135113 grant one extension to the original 60 day period, not to exceed 180 additional days.104
136114 (C) There shall be a presumption in favor of granting a hearing on a petition filed105
137115 pursuant to this paragraph unless the court determines that there is a lack of106
138116 circumstantial guarantees of trustworthiness, an inherent unreliability of the facts107
139117 asserted, or a deficiency in the factual allegations in the petition. If the court decides108
140118 that the petitioner is not entitled to a hearing, the court shall enter an order denying109
141119 relief and shall include written findings of fact outlining the reasons for such order.110
142120 (D) A hearing on a petition filed pursuant to this paragraph, if granted, shall be111
143121 scheduled within 90 days of the filing of such petition or within 60 days of the deadline112
144122 for the state's response, whichever is later. The state shall be given notice and the113
145123 opportunity to respond at any such hearing.114
146124 (E)(i) If, based upon evidence presented at the hearing, the court determines that the115
147125 petitioner has met the criteria provided in subsection (b) of Code Section 17-10-22,116
148126 the court shall enter an order reducing the defendant's sentence pursuant to117
149127 subsection (c) of Code Section 17-10-22.118
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152129 (ii) If, based upon the petition or evidence presented at the hearing, the court119
153130 determines that the petitioner has not met the criteria provided in subsection (b) of120
154131 Code Section 17-10-22, the court shall notify the petitioner, dismiss his or her petition121
155132 without prejudice, and enter an order to such effect. Such an order shall include122
156133 written findings of fact outlining the reasons for such order.123
157134 (F) Any order issued by a court pursuant to this paragraph shall include written124
158135 findings of fact and the reasons for such order.125
159136 (G) Any judgments pursuant to this paragraph shall be final judgments and subject to126
160137 direct appeal by the petitioner and the state under Code Sections 5-6-34 and 5-7-1."127
161138 SECTION 6.128
162139 Said title is further amended in said article by adding a new Code section to read as follows:129
163140 "17-10-22.130
164141 (a) At the time of sentencing, the defendant may present evidence that he or she was131
165142 subjected to acts of family violence, dating violence, or child abuse, as such acts are132
166143 described in Code Sections 19-13-1, 19-13A-1, and 19-15-1, respectively, and that such133
167144 acts were a significant contributing factor for the offense for which the defendant is being134
168145 sentenced. The rules of evidence shall apply to such presentation of evidence except that135
169146 the following evidence shall be admissible:136
170147 (1) Hearsay;137
171148 (2) Character evidence;138
172149 (3) Evidence indicating the defendant sought law enforcement assistance;139
173150 (4) Evidence indicating the defendant sought services from a counselor, social worker,140
174151 domestic violence program, or other relevant agency or service provider;141
175152 (5) Evidence indicating the defendant sought medical attention;142
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178154 (6) Evidence of prior statements regarding the acts of family violence, dating violence,143
179155 or child abuse, as such acts are described in Code Sections 19-13-1, 19-13A-1, and144
180156 19-15-1, respectively;145
181157 (7) Evidence of the effects of battering and post-traumatic stress disorder on the146
182158 defendant;147
183159 (8) Evidence pertaining to the alleged perpetrator's history of other acts of family148
184160 violence, dating violence or child abuse, as such acts are described in Code Sections149
185161 19-13-1, 19-13A-1, and 19-15-1, respectively, including, but not limited to, temporary150
186162 protective order petitions, ex parte orders, and final orders in which the alleged151
187163 perpetrator is the respondent;152
188164 (9) Expert testimony, including facts and circumstances relating to the family violence,153
189165 dating violence, or child abuse, as such acts are described in Code Sections 19-13-1,154
190166 19-13A-1, and 19-15-1, respectively, that are the bases of such expert's opinion; and155
191167 (10) Any other evidence that the court determines is of sufficient credibility or probative156
192168 value.157
193169 (b) The court shall impose a sentence as provided in subsection (c) of this Code section158
194170 if the court finds that:159
195171 (1) By a preponderance of the evidence, the defendant was subjected to acts of family160
196172 violence, dating violence, or child abuse, as such acts are described in Code Sections161
197173 19-13-1, 19-13A-1, and 19-15-1, respectively, and such acts were a significant162
198174 contributing factor to the offense; or163
199175 (2) The best interest of justice and welfare of society would be served; provided,164
200176 however, that such finding shall only be entered with the consent of the state.165
201177 (c) Upon a finding provided for in subsection (b) of this Code section:166
202178 (1) A person convicted of a crime punishable by death or by life imprisonment shall be167
203179 punished by imprisonment for not less than ten years nor more than 30 years. In the168
204180 court's discretion, the judge may depart from such mandatory minimum sentence when169
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207182 the prosecuting attorney and the defendant have agreed to a sentence that is below such170
208183 mandatory minimum. Notwithstanding any other provision of law to the contrary, such171
209184 sentence may be reduced by any form of parole or early release administered by the State172
210185 Board of Pardons and Paroles or by any earned time, early release, work release, leave,173
211186 or other sentence-reducing measures under programs administered by the Department of174
212187 Corrections.175
213188 (2) A person convicted of a felony other than a felony punishable by death or life176
214189 imprisonment shall be punished by imprisonment for not less than one year nor more than177
215190 one-half the maximum period of time for which he or she could have been sentenced, by178
216191 one-half the maximum fine to which he or she could have been subjected, or both."179
217192 SECTION 7.180
218193 Title 24 of the Official Code of Georgia Annotated, relating evidence, is amended in Chapter181
219194 5, relating to privileges relative to evidence, by revising paragraphs (8) and (9) of and adding182
220195 a new paragraph to subsection (a) of Code Section 24-5-501, relating to certain183
221196 communications privileged, to read as follows:184
222197 "(8) Communications between or among any psychiatrist, psychologist, licensed clinical185
223198 social worker, clinical nurse specialist in psychiatric/mental health, licensed marriage and186
224199 family therapist, and licensed professional counselor who are rendering psychotherapy187
225200 or have rendered psychotherapy to a patient, regarding that patient's communications188
226201 which are otherwise privileged by paragraph (5), (6), or (7) of this subsection; and189
227202 (9) Communications between accountant and client as provided by Code Section190
228203 43-3-29; and191
229204 (10) Communications made in the context of victim centered practices or victim-offender192
230205 dialogues as provided for in Code Section 24-5-511."193
231206 SECTION 8.194
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234-Said title is further amended in said chapter by adding a new Code section to read as follows:
235-195
236-"24-5-511.
237-196
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208+Said title is further amended in said chapter by adding a new Code section to read as follows:195
209+"24-5-511.196
238210 (a) As used in this Code section, the term:197
239211 (1) 'Facilitator' means a person who is trained to facilitate a victim centered practice or198
240212 victim-offender dialogue.199
241213 (2) 'Party' means a person, including a facilitator, a victim, an offender, a community200
242214 member, and any other participant, who voluntarily consents to participate with others201
243215 in a victim centered practice or victim-offender dialogue.202
244216 (3) 'Proceeding' means any legal action subject to the laws of this state, including, but203
245217 not limited to, civil, criminal, juvenile, or administrative hearings.204
246218 (4) 'Victim centered practice' or 'practice' means a gathering in which parties gather to205
247219 identify and respond to wrongdoing, repair harm, reduce the likelihood of further harm,206
248220 and strengthen community ties by focusing on the needs and obligations of all parties207
249221 involved through a participatory process.208
250222 (5) 'Victim-offender dialogue' or 'dialogue' means a process in which the victim of a209
251223 crime, or his or her surviving family members, and the offender who committed the crime210
252224 meet in a secure setting to engage in a dialogue facilitated by a facilitator with the goal211
253225 of repairing harm and addressing trauma.212
254226 (b)(1) Any communication or action made at any time while preparing for or213
255227 participating in a victim centered practice or a victim-offender dialogue or as a follow up214
256228 to such practice or dialogue, or the fact that such practice or dialogue has been planned215
257229 or convened, shall be privileged and shall not be referred to, used, or admitted in any216
258230 proceeding unless such privilege is waived. Such waiver may be made during the217
259231 proceeding or in writing by the party or parties protected by the privilege. Privileged218
260232 information shall not be subject to discovery or disclosure in any judicial or extrajudicial219
261233 proceeding and shall not be subject to public inspection as provided by Article 4 of220
262234 Chapter 18 of Title 50.221
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265236 (2) Parties of a victim centered practice or victim-offender dialogue may refuse to222
266237 disclose communications relating to a victim centered practice or victim-offender223
267238 dialogue and prevent others from disclosing such communications.224
268239 (3) Any waiver of privilege shall be limited to the participation and communications of225
269240 the waiving party only, and the participation or communications of any other party shall226
270241 remain privileged unless waived by such other party.227
271242 (c) Evidence that is created or discovered outside of the victim centered practice or228
272243 victim-offender dialogue shall not become inadmissible or protected from discovery solely229
273244 because it was discussed or used in a victim centered practice or victim-offender dialogue.230
274245 (d)(1) The privilege afforded by this Code section shall not extend to a situation in231
275246 which:232
276247 (A) There are threats of imminent violence to self or others; or233
277248 (B) The facilitator believes that a child is being abused or that the safety of any party234
278249 or other person is in danger.235
279250 (2) A court, tribunal, or administrative body may require a report on a victim centered236
280251 practice or victim-offender dialogue, but such report shall be limited to the fact that a237
281252 practice or dialogue has taken place and whether further practices or dialogues are238
282253 expected.239
283254 (e) The privilege created by this Code section shall not be grounds to fail to comply with240
284255 mandatory reporting requirements as set forth in Code Section 19-7-5 or Chapter 5 of241
285256 Title 30, the 'Disabled Adults and Elder Persons Protection Act.'242
286257 (f) No facilitator shall be held liable for civil damages for any statement, action, omission,243
287258 or decision made in the course of a victim centered practice or victim-offender dialogue244
288259 unless that statement, action, omission, or decision is:245
289260 (1) Grossly negligent and made with malice; or246
290261 (2) Made with willful disregard for the safety or property of any party to the victim247
291262 centered practice or victim-offender dialogue."248
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294-SECTION 9.
295-249
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264+SECTION 9.249
296265 Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees,250
297266 is amended by revising Code Section 45-3-7, relating to oaths of deputies, as follows:251
298267 "45-3-7.252
299-(a)
300- Before proceeding to act, all deputies shall take the same oaths as their principals take253
268+(a) Before proceeding to act, all deputies shall take the same oaths as their principals take253
301269 and the oaths shall be filed and entered on the minutes of the same office with the same254
302270 endorsement thereon; but this Code section shall not apply to any deputy who may be255
303271 employed in particular cases only. A deputy sheriff may take his or her oaths before the256
304272 sheriff and the oaths may be filed in and entered in the records of the sheriff's office.257
305273 (b) All peace officers, as such term is defined in Code Section 35-8-2, taking their oath of258
306274 office on or after July 1, 2025, shall be administered the following oath:259
307275 'I, (name of person taking oath), hereby swear or affirm that I will faithfully, fairly,260
308276 and without malice or partiality uphold the laws of the State of Georgia, as well as261
309277 any ordinances which I am authorized to enforce, to the best of my ability and support262
310278 and defend the Constitution of the United States and the Constitution of Georgia. So263
311279 help me God.'264
312280 (c) A peace officer may take his or her oath before the chief executive officer of the265
313281 agency or any authorized judicial official, and such oath may be filed in and entered in the266
314282 records of that agency.267
315283 (d) An agency may administer additional oaths that contain provisions not specifically268
316284 prescribed and enumerated in this Code section; provided, however, that such oaths, and269
317285 any language in addition to the language set forth in this Code section, shall be deemed270
318286 aspirational only and of no legal effect in any civil or criminal proceeding.271
319287 (e) Sheriffs and their sworn deputies taking their oath of office on or after July 1, 2025,272
320288 shall take the oath set forth in Code Section 15-16-4; provided, however, that any language273
321289 in such oath in addition to the language set forth in such Code section shall be deemed274
322290 aspirational only and of no legal effect in any civil or criminal proceeding."275
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325-SECTION 10.
326-276
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292+SECTION 10.276
327293 All laws and parts of laws in conflict with this Act are repealed.277
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329294 - 12 -