SB298: SB298 Judgements and Rulings; certain appellate procedures regarding the denial of sovereign and any other immunity available to the state; provide

Under current Georgia law, most trial court rulings can only be appealed after the whole case is finished, unless a specific law allows an immediate ('direct') appeal. This bill amends O.C.G.A. § 5-6-34, the law listing which rulings can be appealed right away, to add two new categories. First, any civil ruling that grants or denies immunity, including sovereign, municipal, official, qualified, or judicial immunity, can now be directly appealed within 30 days, but only once per party per case. Second, any civil or criminal ruling on legislative privilege or legislative immunity can also be directly appealed within 30 days. These new rights do not stop a party from also appealing under any other existing paragraph of the law. The bill also repeals any conflicting laws.

• Adds a new right to immediately appeal any civil court ruling that grants or denies sovereign, municipal, official, qualified, or judicial immunity, within 30 days of the ruling.
• Adds a new right to immediately appeal any civil or criminal ruling on legislative privilege or legislative immunity, within 30 days of the ruling.
• Limits each party to using the new immunity-appeal right only once per civil case, though other appeal options remain available.
• Repeals any existing Georgia laws that conflict with these new appeal rights.

State and local government agencies and officials who raise immunity defenses in lawsuits, private parties suing them, state legislators asserting legislative privilege or immunity in civil or criminal cases, and the appellate courts that will handle these new direct appeals.

Government defendants and legislators would no longer have to wait until a full trial concludes to challenge a ruling that denies them immunity or privilege; they could appeal within 30 days. This could resolve immunity disputes faster but may also slow down lawsuits against the state or officials while such appeals are pending.

• Section 1 amends O.C.G.A. § 5-6-34(a) by revising paragraphs (12) and (13), which list judgments directly appealable under specific existing code sections.
• Section 1 adds new paragraph (14), giving a right of direct appeal within 30 days for civil rulings granting or denying sovereign, municipal, official, qualified, or judicial immunity.
• Paragraph (14) limits each party to exercising this direct appeal right only once per civil action and allows it alongside other appeal grounds.
• Section 1 adds new paragraph (15), giving a right of direct appeal within 30 days for civil or criminal rulings granting or denying legislative privilege or legislative immunity.
• Section 2 repeals all laws and parts of laws that conflict with the Act.

1. 2025-05-14Effective Date 2025-07-01
2. 2025-05-14Act 298
3. 2025-05-14Senate Date Signed by Governor (Senate)
4. 2025-04-10Senate Sent to Governor (Senate)
5. 2025-04-04Senate Agreed House Amend or Sub (Senate)
6. 2025-03-31House Passed/Adopted By Substitute (House)
7. 2025-03-31House Third Readers (House)
8. 2025-03-18House Committee Favorably Reported By Substitute (House)

• Randy Robertson (R, SD-029)Primary sponsor
• Rob Leverett (R, HD-123)

1. PassedSenate voteMarch 6, 2025

   54 yea, 2 nay

   Passage By Substitute: Senate Vote #206

2. PassedHouse voteMarch 31, 2025

   142 yea, 23 nay (3 not voting, 12 absent)

   Passage: House Vote #371

3. PassedSenate voteApril 4, 2025

   44 yea, 8 nay (3 not voting, 1 absent)

   Agree To House Substitute: Senate Vote #477

• sovereign immunity
• court appeals
• legislative privilege
• civil litigation procedure