Georgia 2023-2024 Regular Session

Georgia House Bill HR321

Introduced
2/23/23  

Caption

General Assembly; right against self-incrimination be limited to criminal cases; provide - CA

Impact

If passed, this amendment will adjust the existing constitutional protections regarding self-incrimination in Georgia. Supporters of the bill argue that limiting the right to criminal cases will clarify the scope of the law, reducing confusion about its application across different legal contexts. With this change, any applicable case law from federal courts regarding self-incrimination would be applied to similar provisions in Georgia law upon ratification.

Summary

House Resolution 321 proposes an amendment to the Constitution of the State of Georgia to limit the right against self-incrimination specifically to criminal cases. This legislative change aims to align the state's constitutional provision regarding self-incrimination with that of the Fifth Amendment of the United States Constitution. The intention is to establish a clearer legal framework regarding this right, which has been a point of discussion in legal spheres and among lawmakers.

Contention

The proposed amendment could ignite debates surrounding individuals' rights within and outside of criminal proceedings. For some, the shift in how self-incrimination is defined may raise alarms about the potential implications for civil cases or other legal scenarios where individuals might have relied on broader protections. Critics of the bill may argue that this limitation could undermine individual rights and create scenarios where individuals might feel compelled to testify against themselves without adequate constitutional safeguards.

Companion Bills

No companion bills found.

Previously Filed As

GA HR1165

General Assembly; local school superintendents be elected by voters; provide - CA

GA HR42

General Assembly; local school superintendents be elected by voters; provide - CA

GA HR1230

General Assembly; creation of Children First Trust Fund ; provide by law - CA

GA HR1254

General Assembly; legalization and regulation of marijuana; provide - CA

GA HR450

General Assembly; authorize sports betting in Georgia; provide by law - CA

GA HR6

General Assembly; more than one Seed-Capital Fund; provide by law - CA

GA SR140

Georgia General Assembly; general law for sports betting in this state; provide- CA

GA SR579

Sports Betting; Georgia General Assembly to provide by general law for sports betting in this state; authorize -CA

GA HR396

General Assembly; creation of Georgia's Children First Trust Fund; authorize - CA

GA HR192

General Assembly; creation and comprehensive regulation of community development districts; provide - CA

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Voting thresholds.