HB464: HB464 Crimes and offenses; immunity for a prospective offender while seeking assistance from law enforcement as a victim of certain offenses; provide

Currently, a crime victim who calls police for help could still face arrest or prosecution if that contact with law enforcement turns up evidence of unrelated offenses on their part, such as a drug violation or a probation issue. This discourages some victims, especially those already in legally risky situations, from seeking help. This bill adds a new section to Georgia's criminal defenses law (O.C.G.A. § 16-3-22.2) that protects victims of aggravated assault, aggravated battery, female genital mutilation, kidnapping, rape, aggravated sodomy, and aggravated sexual battery from arrest, charge, or prosecution if the only evidence against them came from seeking law enforcement assistance. It also shields them from protective order violation penalties and from drug-related probation or parole sanctions tied to that same request for help, as long as they were not an accomplice to the crime they reported.

• Creates a new Georgia law (O.C.G.A. § 16-3-22.2) protecting certain crime victims from arrest, charge, or prosecution when evidence against them comes solely from seeking police help.
• Defines a 'predominant aggressor' as the person who poses the most serious ongoing threat, who may not be the one who started a specific incident, for purposes of aggravated assault cases.
• Covers victims of seven specific crimes: aggravated assault (if not the predominant aggressor), aggravated battery, female genital mutilation, kidnapping, rape, aggravated sodomy, and aggravated sexual battery.
• Shields protected victims from penalties for violating a protective or restraining order if that violation is tied to seeking law enforcement help.
• Shields protected victims from probation or parole sanctions based on a drug violation if tied to seeking law enforcement help.
• Excludes anyone who was an accomplice to the crime they are reporting from this immunity.

Victims of aggravated assault, aggravated battery, female genital mutilation, kidnapping, rape, aggravated sodomy, and aggravated sexual battery in Georgia; law enforcement officers and prosecutors handling these cases; and people on probation, parole, or subject to protective orders who seek police help as crime victims.

Victims who fear being arrested or having a probation or protective order violation exposed may currently hesitate to call police. This bill would let them seek help for serious violent or sexual crimes without risking prosecution or sanctions based solely on facts that surface from that call.

• Section 1 adds new Code Section 16-3-22.2 to Article 2 of Chapter 3 of Title 16, covering justification and excuse defenses to criminal prosecution.
• Subsection (a) defines 'predominant aggressor' as the person posing the most serious ongoing threat, who may not be the initial aggressor in the incident.
• Subsection (b) lists the seven qualifying offenses, citing their existing Code definitions, and excludes accomplices from protection.
• Subsection (c) grants immunity from arrest, charge, or prosecution when evidence resulted solely from seeking law enforcement assistance, and extends protection to protective order violations and drug-related probation or parole sanctions tied to that assistance.
• Section 2 repeals any conflicting laws.

1. 2025-04-04House Withdrawn, Recommitted (House)
2. 2025-03-06House Committee Favorably Reported By Substitute (House)
3. 2025-02-19House Second Readers (House)
4. 2025-02-18House First Readers (House)
5. 2025-02-13House Hopper (House)

• Eric Bell (D, HD-075)Primary sponsor
• Noelle Kahaian (R, HD-081)
• Bryce Berry (D, HD-056)
• Charlice Byrd (R, HD-020)
• Gabriel Sanchez (D, HD-042)

• crime victims
• law enforcement policy
• sexual assault
• domestic violence
• criminal justice reform