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

25 LC 39 9000 House Bill 194 By: Representatives Byrd of the 20th, Kahaian of the 81st, Ridley of the 22nd, and Horner of the 3rd A BILL TO BE ENTITLED AN ACT To amend Article 2 of Chapter 3 of Title 16 of the Official Cod e of Georgia Annotated,1 relating to justification and excuse in defenses to criminal pr osecutions, so as to revise2 standards of justification for use of force in defense of self or others; to provide for a3 rebuttable presumption; to provide for timing for claims of immunity from prosecution based4 upon justification; to provide for standards of proof; to amend Code Section 51-11-9 of the5 Official Code of Georgia Annotated, relating to no duty to retreat and immunity in certain6 instances of threat or use of force, so as to extend immunity from civil liability in justified7 use of force cases to legal representatives and heirs of the pe rson against whom force was8 used; to provide for related matters; to repeal conflicting laws; and for other purposes.9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:10 SECTION 1.11 Article 2 of Chapter 3 of Title 16 of the Official Code of Geor gia Annotated, relating to12 justification and excuse in defenses to criminal prosecutions, is amended by revising Code13 Section 16-3-21, relating to use of force in defense of self or others and evidence of belief14 that force was necessary in murder or manslaughter prosecution, as follows:15 H. B. 194 - 1 - 25 LC 39 9000 "16-3-21.16 (a) A person is justified in threatening or using force agains t another when and to the17 extent that he or she reasonably believes that such threat or f orce is necessary to defend18 himself or herself or a third person against such other's immin ent use of unlawful force;19 however, except as provided in Code Section 16-3-23, a person is justified in using force20 which is intended or likely to cause death or great bodily harm only if he or she reasonably21 believes that such force is necessary to prevent death or great bodily injury to himself or22 herself or a third person or to prevent the commission of a forcible felony. Any such use23 of force is presumed to be reasonable and necessary for defense and justified pursuant to24 this Code section, but such presumption may be rebutted.25 (b) A person is not justified in using force under the circums tances specified in26 subsection (a) of this Code section if he:27 (1) He or she used or threatened force against a law enforceme nt officer acting in the28 performance of his or her official duties and such officer properly identified himself or29 herself in accordance with law or the person who used or threat ened force knew or30 reasonably should have known that the person was a law enforcem ent officer Initially31 provokes the use of force against himself with the intent to use such force as an excuse32 to inflict bodily harm upon the assailant; and33 (2) The force used or threatened occurred in a location readily accessible to the public34 or a place of public accommodation. Is attempting to commit, committing, or fleeing35 after the commission or attempted commission of a felony; or36 (3) Was the aggressor or was engaged in a combat by agreement unless he withdraws37 from the encounter and effectively communicates to such other person his intent to do so38 and the other, notwithstanding, continues or threatens to conti nue the use of unlawful39 force.40 (c) Any rule, regulation, or policy of any agency of the state or any ordinance, resolution,41 rule, regulation, or policy of any county, municipality, or other political subdivision of the42 H. B. 194 - 2 - 25 LC 39 9000 state which is in conflict with this Code section shall be null , void, and of no force and43 effect.44 (d) In a prosecution for murder or manslaughter, if a defendan t raises as a defense a45 justification provided by subsection (a) of this Code section, the defendant, in order to46 establish the defendant's reasonable belief that the use of for ce or deadly force was47 immediately necessary, may be permitted to offer:48 (1) Relevant evidence that the defendant had been the victim of acts of family violence49 or child abuse committed by the deceased, as such acts are desc ribed in Code50 Sections 19-13-1 and 19-15-1, respectively; and51 (2) Relevant expert testimony regarding the condition of the mind of the defendant at the52 time of the offense, including those relevant facts and circumstances relating to the family53 violence or child abuse that are the bases of the expert's opinion."54 SECTION 2.55 Said article is further amended by revising Code Section 16-3-2 4.2, relating to immunity56 from prosecution and exception, as follows:57 "16-3-24.2.58 (a) A person who uses threats or force in accordance with Code Section 16-3-20, 16-3-21,59 16-3-23, 16-3-23.1, 16-3-24, or 17-4-20 shall be immune from cr iminal prosecution60 therefor unless in the use of deadly force, such person utilize s a weapon the carrying or61 possession of which is unlawful by such person under Part 2 of Article 4 of Chapter 11 of62 this title.63 (b) A law enforcement agency may use standard procedures to in vestigate the use of64 threats or force in instances set forth in subsection (a) of th is Code section; provided,65 however, that such agency shall not arrest a person for using o r threatening to use force66 unless a probable cause determination has been made that such f orce used or threatened67 was unlawful.68 H. B. 194 - 3 - 25 LC 39 9000 (c) A claim of immunity pursuant to this Code section may be made during arraignment69 or as a pretrial motion. When a prima-facie claim of immunity has been raised, such claim70 shall only be overcome by clear and convincing evidence."71 SECTION 3.72 Code Section 51-11-9 of the Official Code of Georgia Annotated, relating to no duty to73 retreat and immunity in certain instances of threat or use of force, is amended as follows:74 "51-11-9.75 A person who is justified in threatening or using force against another under the provisions76 of Code Section 16-3-20, relating to justification as a defense , Code Section 16-3-21,77 relating to the use of force in defense of self or others, Code Section 16-3-23, relating to78 the use of force in defense of a habitation, Code Section 16-3- 24, relating to the use of79 force in defense of property other than a habitation, or Code Section 17-4-20, relating to80 arrests and use of force by law enforcement officers, has no duty to retreat from the use of81 such force and shall not be held liable to the person against w hom the use of force was82 justified, to any personal representative or heir of such person, or to any person acting as83 an accomplice or assistant to such person in any civil action brought as a result of the threat84 or use of such force."85 SECTION 4.86 All laws and parts of laws in conflict with this Act are repealed. 87 H. 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