HB368: HB368 De-escalation Right To Know Law; enact

Currently, Georgia law does not specifically require an officer to explain the reason for a traffic stop when a driver asks. House Bill 368, called the De-escalation Right To Know Law, would add a new section to Georgia's motor vehicle code requiring officers to tell a driver the purpose of the stop and the suspected traffic violation, but only after the driver has first shown their license as required under existing law (O.C.G.A. § 40-5-29). The bill also makes clear that if an officer fails to give this explanation, it does not undo an otherwise lawful arrest or stop the officer from issuing a traffic ticket. The bill repeals any conflicting laws but does not state a specific future effective date beyond the standard process for bills signed into law.

• Adds a new section to Georgia's motor vehicle code (O.C.G.A. Title 40) requiring officers to state the reason for a traffic stop when asked.
• Conditions that requirement on the driver first showing their license as already required under O.C.G.A. § 40-5-29.
• Specifies that an officer's failure to explain the stop does not invalidate an otherwise lawful arrest or block a traffic citation.
• Gives the new law a short title, the 'De-escalation Right To Know Law.'
• Repeals any existing Georgia laws that conflict with this new requirement.

Drivers stopped by police for suspected traffic violations, who could ask for and receive an explanation of the stop, and law enforcement officers conducting traffic stops, who would have a new duty to explain the reason if asked once a license is shown.

During a traffic stop, drivers often do not know why they were pulled over, which can raise tension. This bill would give drivers a way to ask and get an answer, though it would not change what happens if the officer does not comply, since arrests and citations would still stand.

• Section 1 names the short title of the act as the 'De-escalation Right To Know Law.'
• Section 2 adds new Code Section 40-1-10, requiring an officer to state the purpose of the stop and suspected violation upon the driver's request, after the driver displays a license.
• Section 2 also states that an officer's noncompliance does not invalidate an otherwise lawful arrest or prevent issuance of a traffic citation.
• Section 3 repeals any conflicting laws.

1. 2025-02-12House Second Readers (House)
2. 2025-02-11House First Readers (House)
3. 2025-02-10House Hopper (House)

• Dexter Sharper (D, HD-177)Primary sponsor
• Bill Hitchens (R, HD-161)
• Eddie Lumsden (R, HD-012)
• Yasmin Neal (D, HD-079)
• Terry Cummings (D, HD-039)
• Eric Bell (D, HD-075)

• traffic stops
• police procedures
• driver rights
• law enforcement transparency