HB582: HB582 Georgia Survivor Justice Act; enact

Georgia law already lets defendants raise self-defense in murder or manslaughter cases. This bill expands that idea. It lets defendants in any offense under the crimes against the person chapter (O.C.G.A. Chapter 16-5) introduce evidence that the alleged victim had committed family violence, dating violence, or child abuse against them, to help show their use of force was reasonable. It lists specific types of evidence courts must consider, such as police reports, counseling records, and expert testimony on the psychological effects of abuse. The bill also creates a new sentencing petition process (O.C.G.A. § 17-10-22) letting a person show that abuse they suffered was a significant factor in the crime they committed, which can lower mandatory minimum sentences, including for offenses normally punished by death or life imprisonment. It creates a legal privilege protecting communications made during victim-offender dialogues, shields facilitators from civil liability except in cases of gross negligence or willful disregard for safety, revises the coercion defense, sets a uniform oath for Georgia peace officers effective July 1, 2025, and limits the crime of violating a public officer's oath to codified oaths tied to felonies or aggravated misdemeanors.

• Allows defendants in certain criminal cases to present evidence that the alleged victim committed family violence, dating violence, or child abuse against them to support a self-defense claim.
• Creates a new sentencing petition process (O.C.G.A. § 17-10-22) letting people show that abuse they suffered was a significant factor in their offense, potentially reducing mandatory minimum sentences.
• Revises the coercion defense (O.C.G.A. § 16-3-26) to update its language while still excluding murder cases from the defense.
• Creates a legal privilege for communications made during victim centered practices and victim-offender dialogues, protecting them from use in court unless waived.
• Shields facilitators of these dialogues from civil lawsuits unless they act with gross negligence and malice or willful disregard for safety.
• Sets a standard oath for Georgia peace officers starting July 1, 2025, and limits the crime of violating a public officer's oath to codified oaths connected to felonies or serious misdemeanors.

The bill affects criminal defendants who have experienced domestic or dating violence or child abuse, prosecutors, judges, and courts handling these cases. It also affects survivors seeking sentence reductions, facilitators and participants in victim-offender dialogue programs, and Georgia peace officers and sheriffs who take a newly standardized oath of office.

Survivors of abuse who commit crimes, including violent offenses, could present more evidence explaining their actions and potentially receive reduced sentences, even in cases carrying mandatory minimums. Facilitators of restorative justice dialogues gain legal protection, and the scope of oath-violation prosecutions against public officers and peace officers becomes narrower.

• Section 2 revises O.C.G.A. § 16-3-21 to let defendants introduce evidence of the victim's prior family violence, dating violence, or child abuse, including police reports, counseling records, medical records, and expert testimony on battering and PTSD effects.
• Section 3 revises the coercion defense in O.C.G.A. § 16-3-26, keeping murder excluded but updating the language describing when the defense applies.
• Section 4 rewrites O.C.G.A. § 16-10-1 to limit prosecution for violating an oath of office to peace officers' codified oaths and only when tied to a felony or a misdemeanor of a high and aggravated nature.
• Section 6 adds O.C.G.A. § 17-10-22, creating a sentencing petition process for people who suffered abuse that significantly contributed to their offense, allowing reduced mandatory minimums, including for offenses otherwise punishable by death or life imprisonment.
• Section 8 adds O.C.G.A. § 24-5-511, creating a privilege for communications in victim centered practices and victim-offender dialogues and granting facilitators civil immunity except for gross negligence with malice or willful disregard for safety.
• Section 9 revises O.C.G.A. § 45-3-7 to require peace officers taking oaths on or after July 1, 2025 to use a standardized oath, with any additional language deemed aspirational and legally unenforceable.

1. 2025-05-12Effective Date 2025-07-01
2. 2025-05-12Act 131
3. 2025-05-12House Date Signed by Governor (House)
4. 2025-04-10House Sent to Governor (House)
5. 2025-04-04House Agreed Senate Amend or Sub (House)
6. 2025-04-02Senate Passed/Adopted By Substitute (Senate)
7. 2025-04-02Senate Third Read (Senate)
8. 2025-03-28Senate Read Second Time (Senate)

• Stan Gunter (R, HD-008)Primary sponsor
• Matt Reeves (R, HD-099)
• Kimberly New (R, HD-040)
• Soo Hong (R, HD-103)
• Tyler Smith (R, HD-018)
• James Burchett (R, HD-176)
• Bo Hatchett (R, SD-050)

1. PassedHouse voteMarch 6, 2025

   166 yea, 2 nay (5 not voting, 7 absent)

   Passage: House Vote #254

2. PassedSenate voteApril 2, 2025

   53 yea, 1 nay (1 not voting, 1 absent)

   Passage By Substitute: Senate Vote #407

3. PassedHouse voteApril 4, 2025

   164 yea, 0 nay (5 not voting, 11 absent)

   Agree To Senate Substitute: House Vote #417

• domestic violence law
• criminal sentencing
• self-defense law
• victim-offender dialogue
• peace officer oaths