25 HB 582/AP
House Bill 582 (AS PASSED HOUSE AND SENATE)
By: Representatives Gunter of the 8
th
, Reeves of the 99
th
, New of the 40
th
, Hong of the 103
rd
,
Smith of the 18
th
, and others
A BILL TO BE ENTITLED
AN ACT
To amend Titles 16, 17, 24, and 45 of the Official Code of Georgia Annotated, relating to
1
crimes and offenses, criminal procedure, evidence, and public officers and employees,2
respectively, so as to provide for defendants to support a justification defense by offering3
evidence of family violence, dating violence, or child abuse committed by the alleged victim;4
to provide for petitions for the opportunity to present such evidence; to revise provisions for5
the defense of coercion and to provide for the application of such defense in all criminal6
cases; to provide a privilege for participation in victim centered programs and7
victim-offender dialogues; to provide for definitions; to provide for limitations; to provide8
for civil immunity for facilitators in certain circumstances; to provide for a short title; to9
provide for uniform oaths to be sworn by all peace officers; to provide for aspirational10
language in such oaths; to limit the legal effect of any such aspirational language; to limit the11
crime of violation of oath of a public officer to codified oaths; to limit the violation of oath12
by a public officer to violations predicated on certain offenses; to provide for related matters;13
to repeal conflicting laws; and for other purposes.14
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:15
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SECTION 1.
16
This Act shall be known and may be cited as the "Georgia Survivor Justice Act."17
SECTION 2.18
Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is19
amended in Article 2 of Chapter 3, relating to justification and excuse under defenses to20
criminal prosecutions, by revising subsection (d) of Code Section 16-3-21, relating to use of21
force in defense of self or others and evidence of belief that force was necessary in murder22
or manslaughter prosecution, as follows:23
"(d)(1)
In a prosecution for murder or manslaughter any offense prohibited under Chapter24
5 of this title, if a defendant raises as a defense a justification provided by subsection (a)25
of this Code section, the defendant may offer relevant evidence that the defendant had26
been subjected to acts of family violence, dating violence, or child abuse committed by27
the alleged victim, as such acts are described in Code Sections 19-13-1, 19-13A-1, and28
19-15-1, respectively, in order to establish the defendant's reasonable belief that the threat29
or use of force or deadly force was immediately necessary, may be permitted to offer:30
(1) Relevant evidence that the defendant had been the victim of acts of family violence31
or child abuse committed by the deceased, as such acts are described in Code Sections32
19-13-1 and 19-15-1, respectively; and33
(2) Relevant expert testimony regarding the condition of the mind of the defendant at the34
time of the offense, including those relevant facts and circumstances relating to the family35
violence or child abuse that are the bases of the expert's opinion.36
(2) Relevant evidence includes, but is not limited to:37
(A) Evidence pertaining to the alleged victim's prior acts, including, but not limited to:38
(i) Evidence indicating the defendant sought law enforcement assistance;39
(ii) Evidence indicating the defendant sought services from a counselor, social40
worker, domestic violence program, or other relevant agency or service provider;41
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(iii) Evidence indicating the defendant sought medical attention;42
(iv) Evidence of the effects of battering and post-traumatic stress disorder on the43
defendant; and44
(v) Temporary protective order petitions, ex parte orders, and final orders in which45
the alleged victim is the respondent;46
(B) Expert testimony, including, but not limited to, testimony as to relevant facts and47
circumstances relating to the family violence, dating violence, or child abuse, as such48
acts are described in Code Sections 19-13-1, 19-13A-1, and 19-15-1, respectively, that49
are the bases of such expert's opinion; and50
(C) Any other evidence the court determines is of sufficient credibility or probative51
value.52
(3) Evidence introduced under this subsection shall be subject to Code Sections53
24-4-401, 24-4-402, and 24-4-403."54
SECTION 3.55
Said title is further amended in said article by revising Code Section 16-3-26, relating to56
coercion, as follows:57
"16-3-26.58
A person is not guilty of a crime, except murder for the offense of murder provided for in59
subsection (a) of Code Section 16-5-1, if the act upon which the supposed criminal liability60
is based is performed under such coercion that the person he or she reasonably believes that61
performing the act is the only way necessary to prevent his imminent death or great bodily62
injury to himself or herself or a third person."63
SECTION 4.64
Said title is further amended by revising Code Section 16-10-1, relating to violation of oath65
by public officer, as follows:66
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"16-10-1.
67
(a)
Any public officer who willfully and intentionally violates the terms of his or her oath68
as prescribed by law shall, upon conviction thereof, be punished by imprisonment for not69
less than one nor more than five years.70
(b) Any peace officer, as such term is defined in Code Section 35-8-2, who has sworn the71
oath or oaths prescribed in Code Sections 15-16-4 and 45-3-7 shall be subject to72
prosecution under this Code section only for violations of such oath or oaths as prescribed.73
(c) No individual shall be subject to prosecution for violation of his or her oath of office74
under this Code section, except where such violation is predicated upon the commission75
of a felony or a misdemeanor of a high and aggravated nature."76
SECTION 5.77
Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is78
amended in Article 1 of Chapter 10, relating to procedure for sentencing and imposition of79
punishment, by revising subsection (f) of Code Section 17-10-1, relating to fixing of80
sentence, suspension or probation of sentence, change in sentence, eligibility for parole,81
prohibited modifications, and exceptions, as follows:82
"(f)(1) Within one year of the date upon which the sentence is imposed, or within 12083
days after receipt by the sentencing court of the remittitur upon affirmance of the84
judgment after direct appeal, whichever is later, the court imposing the sentence has the85
jurisdiction, power, and authority to correct or reduce the sentence and to suspend or86
probate all or any part of the sentence imposed. The time periods prescribed in this87
subsection require the defendant to file a motion within such time periods; however, the88
court shall not be constrained to issue its order or hear the matter within such time89
periods. Prior to entering any order correcting, reducing, or modifying any sentence, the90
court shall afford notice and an opportunity for a hearing to the prosecuting attorney. 91
Any order modifying a sentence which is entered without notice and an opportunity for92
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a hearing as provided in this subsection shall be void. This subsection shall not limit any
93
other jurisdiction granted to the court in this Code section or as provided for in subsection94
(g) of Code Section 42-8-34.95
(2)(A) A person who is serving a sentence may submit a petition to the court
96
requesting to be sentenced under Code Section 17-10-22 if:97
(i) The offense was committed before July 1, 2025; or98
(ii) The petition includes evidence that was not part of the record of the case at any99
sentencing hearing.100
(B) Such petition shall be served upon the district attorney. The state shall file its101
response, if any, within 60 days of being served with such petition. The superior court102
shall, upon motion for an extension of time and after a hearing and good cause shown,103
grant one extension to the original 60 day period, not to exceed 180 additional days.104
(C) There shall be a presumption in favor of granting a hearing on a petition filed105
pursuant to this paragraph unless the court determines that there is a lack of106
circumstantial guarantees of trustworthiness, an inherent unreliability of the facts107
asserted, or a deficiency in the factual allegations in the petition. If the court decides108
that the petitioner is not entitled to a hearing, the court shall enter an order denying109
relief and shall include written findings of fact outlining the reasons for such order.110
(D) A hearing on a petition filed pursuant to this paragraph, if granted, shall be111
scheduled within 90 days of the filing of such petition or within 60 days of the deadline112
for the state's response, whichever is later. The state shall be given notice and the113
opportunity to respond at any such hearing.114
(E)(i) If, based upon evidence presented at the hearing, the court determines that the115
petitioner has met the criteria provided in subsection (b) of Code Section 17-10-22,116
the court shall enter an order reducing the defendant's sentence pursuant to117
subsection (c) of Code Section 17-10-22.118
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(ii) If, based upon the petition or evidence presented at the hearing, the court119
determines that the petitioner has not met the criteria provided in subsection (b) of120
Code Section 17-10-22, the court shall notify the petitioner, dismiss his or her petition121
without prejudice, and enter an order to such effect. Such an order shall include122
written findings of fact outlining the reasons for such order.123
(F) Any order issued by a court pursuant to this paragraph shall include written124
findings of fact and the reasons for such order.125
(G) Any judgments pursuant to this paragraph shall be final judgments and subject to126
direct appeal by the petitioner and the state under Code Sections 5-6-34 and 5-7-1."127
SECTION 6.128
Said title is further amended in said article by adding a new Code section to read as follows:129
"17-10-22.130
(a) At the time of sentencing, the defendant may present evidence that he or she was131
subjected to acts of family violence, dating violence, or child abuse, as such acts are132
described in Code Sections 19-13-1, 19-13A-1, and 19-15-1, respectively, and that such133
acts were a significant contributing factor for the offense for which the defendant is being134
sentenced. The rules of evidence shall apply to such presentation of evidence except that135
the following evidence shall be admissible:136
(1) Hearsay;137
(2) Character evidence;138
(3) Evidence indicating the defendant sought law enforcement assistance;139
(4) Evidence indicating the defendant sought services from a counselor, social worker,140
domestic violence program, or other relevant agency or service provider;141
(5) Evidence indicating the defendant sought medical attention;142
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(6) Evidence of prior statements regarding the acts of family violence, dating violence,143
or child abuse, as such acts are described in Code Sections 19-13-1, 19-13A-1, and144
19-15-1, respectively;145
(7) Evidence of the effects of battering and post-traumatic stress disorder on the146
defendant;147
(8) Evidence pertaining to the alleged perpetrator's history of other acts of family148
violence, dating violence or child abuse, as such acts are described in Code Sections149
19-13-1, 19-13A-1, and 19-15-1, respectively, including, but not limited to, temporary150
protective order petitions, ex parte orders, and final orders in which the alleged151
perpetrator is the respondent;152
(9) Expert testimony, including facts and circumstances relating to the family violence,153
dating violence, or child abuse, as such acts are described in Code Sections 19-13-1,154
19-13A-1, and 19-15-1, respectively, that are the bases of such expert's opinion; and155
(10) Any other evidence that the court determines is of sufficient credibility or probative156
value.157
(b) The court shall impose a sentence as provided in subsection (c) of this Code section158
if the court finds that:159
(1) By a preponderance of the evidence, the defendant was subjected to acts of family160
violence, dating violence, or child abuse, as such acts are described in Code Sections161
19-13-1, 19-13A-1, and 19-15-1, respectively, and such acts were a significant162
contributing factor to the offense; or163
(2) The best interest of justice and welfare of society would be served; provided,164
however, that such finding shall only be entered with the consent of the state.165
(c) Upon a finding provided for in subsection (b) of this Code section:166
(1) A person convicted of a crime punishable by death or by life imprisonment shall be167
punished by imprisonment for not less than ten years nor more than 30 years. In the168
court's discretion, the judge may depart from such mandatory minimum sentence when169
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the prosecuting attorney and the defendant have agreed to a sentence that is below such170
mandatory minimum. Notwithstanding any other provision of law to the contrary, such171
sentence may be reduced by any form of parole or early release administered by the State172
Board of Pardons and Paroles or by any earned time, early release, work release, leave,173
or other sentence-reducing measures under programs administered by the Department of174
Corrections.175
(2) A person convicted of a felony other than a felony punishable by death or life176
imprisonment shall be punished by imprisonment for not less than one year nor more than177
one-half the maximum period of time for which he or she could have been sentenced, by178
one-half the maximum fine to which he or she could have been subjected, or both."179
SECTION 7.180
Title 24 of the Official Code of Georgia Annotated, relating evidence, is amended in Chapter181
5, relating to privileges relative to evidence, by revising paragraphs (8) and (9) of and adding182
a new paragraph to subsection (a) of Code Section 24-5-501, relating to certain183
communications privileged, to read as follows:184
"(8) Communications between or among any psychiatrist, psychologist, licensed clinical185
social worker, clinical nurse specialist in psychiatric/mental health, licensed marriage and186
family therapist, and licensed professional counselor who are rendering psychotherapy187
or have rendered psychotherapy to a patient, regarding that patient's communications188
which are otherwise privileged by paragraph (5), (6), or (7) of this subsection; and189
(9) Communications between accountant and client as provided by Code Section190
43-3-29; and191
(10) Communications made in the context of victim centered practices or victim-offender192
dialogues as provided for in Code Section 24-5-511."193
SECTION 8.194
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Said title is further amended in said chapter by adding a new Code section to read as follows:
195
"24-5-511.
196
(a) As used in this Code section, the term:197
(1) 'Facilitator' means a person who is trained to facilitate a victim centered practice or198
victim-offender dialogue.199
(2) 'Party' means a person, including a facilitator, a victim, an offender, a community200
member, and any other participant, who voluntarily consents to participate with others201
in a victim centered practice or victim-offender dialogue.202
(3) 'Proceeding' means any legal action subject to the laws of this state, including, but203
not limited to, civil, criminal, juvenile, or administrative hearings.204
(4) 'Victim centered practice' or 'practice' means a gathering in which parties gather to205
identify and respond to wrongdoing, repair harm, reduce the likelihood of further harm,206
and strengthen community ties by focusing on the needs and obligations of all parties207
involved through a participatory process.208
(5) 'Victim-offender dialogue' or 'dialogue' means a process in which the victim of a209
crime, or his or her surviving family members, and the offender who committed the crime210
meet in a secure setting to engage in a dialogue facilitated by a facilitator with the goal211
of repairing harm and addressing trauma.212
(b)(1) Any communication or action made at any time while preparing for or213
participating in a victim centered practice or a victim-offender dialogue or as a follow up214
to such practice or dialogue, or the fact that such practice or dialogue has been planned215
or convened, shall be privileged and shall not be referred to, used, or admitted in any216
proceeding unless such privilege is waived. Such waiver may be made during the217
proceeding or in writing by the party or parties protected by the privilege. Privileged218
information shall not be subject to discovery or disclosure in any judicial or extrajudicial219
proceeding and shall not be subject to public inspection as provided by Article 4 of220
Chapter 18 of Title 50.221
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(2) Parties of a victim centered practice or victim-offender dialogue may refuse to222
disclose communications relating to a victim centered practice or victim-offender223
dialogue and prevent others from disclosing such communications.224
(3) Any waiver of privilege shall be limited to the participation and communications of225
the waiving party only, and the participation or communications of any other party shall226
remain privileged unless waived by such other party.227
(c) Evidence that is created or discovered outside of the victim centered practice or228
victim-offender dialogue shall not become inadmissible or protected from discovery solely229
because it was discussed or used in a victim centered practice or victim-offender dialogue.230
(d)(1) The privilege afforded by this Code section shall not extend to a situation in231
which:232
(A) There are threats of imminent violence to self or others; or233
(B) The facilitator believes that a child is being abused or that the safety of any party234
or other person is in danger.235
(2) A court, tribunal, or administrative body may require a report on a victim centered236
practice or victim-offender dialogue, but such report shall be limited to the fact that a237
practice or dialogue has taken place and whether further practices or dialogues are238
expected.239
(e) The privilege created by this Code section shall not be grounds to fail to comply with240
mandatory reporting requirements as set forth in Code Section 19-7-5 or Chapter 5 of241
Title 30, the 'Disabled Adults and Elder Persons Protection Act.'242
(f) No facilitator shall be held liable for civil damages for any statement, action, omission,243
or decision made in the course of a victim centered practice or victim-offender dialogue244
unless that statement, action, omission, or decision is:245
(1) Grossly negligent and made with malice; or246
(2) Made with willful disregard for the safety or property of any party to the victim247
centered practice or victim-offender dialogue."248
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SECTION 9.
249
Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees,250
is amended by revising Code Section 45-3-7, relating to oaths of deputies, as follows:251
"45-3-7.252
(a)
Before proceeding to act, all deputies shall take the same oaths as their principals take253
and the oaths shall be filed and entered on the minutes of the same office with the same254
endorsement thereon; but this Code section shall not apply to any deputy who may be255
employed in particular cases only. A deputy sheriff may take his or her oaths before the256
sheriff and the oaths may be filed in and entered in the records of the sheriff's office.257
(b) All peace officers, as such term is defined in Code Section 35-8-2, taking their oath of258
office on or after July 1, 2025, shall be administered the following oath:259
'I, (name of person taking oath), hereby swear or affirm that I will faithfully, fairly,260
and without malice or partiality uphold the laws of the State of Georgia, as well as261
any ordinances which I am authorized to enforce, to the best of my ability and support262
and defend the Constitution of the United States and the Constitution of Georgia. So263
help me God.'264
(c) A peace officer may take his or her oath before the chief executive officer of the265
agency or any authorized judicial official, and such oath may be filed in and entered in the266
records of that agency.267
(d) An agency may administer additional oaths that contain provisions not specifically268
prescribed and enumerated in this Code section; provided, however, that such oaths, and269
any language in addition to the language set forth in this Code section, shall be deemed270
aspirational only and of no legal effect in any civil or criminal proceeding.271
(e) Sheriffs and their sworn deputies taking their oath of office on or after July 1, 2025,272
shall take the oath set forth in Code Section 15-16-4; provided, however, that any language273
in such oath in addition to the language set forth in such Code section shall be deemed274
aspirational only and of no legal effect in any civil or criminal proceeding."275
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SECTION 10.
276
All laws and parts of laws in conflict with this Act are repealed.277
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