HB194: HB194 Crimes and offenses; justification for use of force in defense of self or others; revise standards

Georgia law already lets people use force, including deadly force, to defend themselves or others when they reasonably believe it's necessary. HB 194 would rewrite that law (O.C.G.A. § 16-3-21) to add a rebuttable presumption that any such use of force is reasonable and justified, meaning prosecutors would have to overcome that presumption rather than the defendant proving justification from scratch. The bill also removes two current limits on that defense: one that blocks the defense when force is used against a properly identified law enforcement officer, and one that blocks it when force happens in a public place. In their place, it restores older-style exceptions for people who provoke a fight to use it as an excuse for violence or who are committing or fleeing a felony. Separately, the bill sets rules for claiming immunity from prosecution (O.C.G.A. § 16-3-24.2): the claim must be raised at arraignment or in a pretrial motion, and once a basic claim is made, prosecutors need clear and convincing evidence to defeat it. It also expands civil lawsuit immunity (O.C.G.A. § 51-11-9) to cover the heirs and legal representatives of the person against whom force was used.

• Adds a rebuttable presumption that a person's use or threat of force in self-defense is reasonable, necessary, and justified under Georgia law.
• Removes the current exception that bars the self-defense claim when force is used against a properly identified law enforcement officer performing official duties.
• Removes the current exception that bars the self-defense claim when the force happens in a public place or place of public accommodation.
• Adds new exceptions denying the defense to people who provoke a fight to use it as an excuse for violence or who are committing or fleeing a felony.
• Requires that a claim of immunity from prosecution be raised at arraignment or through a pretrial motion, and sets a clear and convincing evidence standard to overcome it.
• Extends civil lawsuit immunity for justified use of force to the heirs and legal representatives of the person the force was used against.

People who use force to defend themselves or others, criminal defendants raising self-defense claims, prosecutors and judges handling those cases, law enforcement officers who may be on the receiving end of force claimed as self-defense, and the heirs or legal representatives of people injured or killed in justified use-of-force incidents.

The changes would make it easier for someone claiming self-defense to avoid prosecution, since the law would presume their use of force was justified and require prosecutors to meet a higher evidence standard to challenge an immunity claim. Removing the police-officer and public-place exceptions could also change outcomes in cases involving officers or public confrontations.

• Section 1 rewrites O.C.G.A. § 16-3-21 to add a presumption that use of force in self-defense is 'presumed to be reasonable and necessary for defense and justified,' rebuttable by the prosecution.
• Section 1 deletes the exception denying the defense when force is used against a properly identified law enforcement officer.
• Section 1 deletes the exception denying the defense when force occurs in a place readily accessible to the public.
• Section 1 adds exceptions denying the defense to people who provoke a fight to justify violence or who are committing or fleeing a felony.
• Section 2 revises O.C.G.A. § 16-3-24.2 to require immunity claims be raised at arraignment or by pretrial motion, and sets a clear and convincing evidence standard to overcome a prima facie immunity claim.
• Section 3 amends O.C.G.A. § 51-11-9 to extend civil immunity for justified force to the heirs and legal representatives of the person against whom the force was used.
• Section 4 repeals all conflicting laws.

1. 2025-02-04House Second Readers (House)
2. 2025-02-03House First Readers (House)
3. 2025-01-30House Hopper (House)

• Charlice Byrd (R, HD-020)Primary sponsor
• Noelle Kahaian (R, HD-081)
• Jordan Ridley (R, HD-022)
• Mitchell Horner (R, HD-003)

• self-defense law
• stand your ground
• gun and use-of-force laws
• criminal justice
• civil immunity