HB821: HB821 Criminal procedure; include aggravated assault as a bailable offense only before a superior court judge

Georgia law (O.C.G.A. § 17-6-1) lists certain serious crimes, such as murder and violations of Georgia's street gang laws, that can only be granted bail by a superior court judge rather than a magistrate or other lower court judge. This bill adds a new offense to that list: aggravated assault committed against a public safety officer while that officer is performing, or because of, his or her official duties. The bill works by revising two existing paragraphs in the bail statute and adding a new paragraph (15) naming this offense. It does not change the definition of aggravated assault itself, only who is allowed to set bail for it. The bill repeals any conflicting laws and does not specify a delayed effective date, so it would take effect under Georgia's standard rules for newly enacted legislation.

• Adds aggravated assault against a public safety officer, committed during or because of official duties, to the list of offenses bailable only before a superior court judge.
• Amends Code Section 17-6-1(a) by revising paragraphs (13) and (14) and inserting a new paragraph (15) for this offense.
• Removes the option for magistrates or other lower court judges to set bail in these specific aggravated assault cases, requiring a superior court judge instead.
• Repeals any existing Georgia laws that conflict with this change.

Public safety officers such as police officers and other officers covered by the term, people charged with aggravated assault against such officers, superior court judges who would now handle these bail decisions, and magistrate or other lower courts that currently could set bail in similar cases.

If enacted, a defendant charged with aggravated assault on a public safety officer would have to wait for a superior court judge to address bail, rather than a magistrate, which could mean a longer wait before release is possible after arrest.

• Section 1 amends subsection (a) of O.C.G.A. § 17-6-1 by revising paragraphs (13) and (14) and adding new paragraph (15).
• New paragraph (15) names 'Aggravated assault upon a public safety officer while he or she is engaged in, or on account of the performance of, his or her official duties' as bailable only before a superior court judge.
• Section 2 repeals all laws and parts of laws in conflict with the Act.

1. 2026-02-26House Committee Favorably Reported By Substitute (House)
2. 2025-03-27House Second Readers (House)
3. 2025-03-25House First Readers (House)
4. 2025-03-21House Hopper (House)

• Matthew Gambill (R, HD-015)Primary sponsor
• Mitchell Scoggins (R, HD-014)
• Eddie Lumsden (R, HD-012)
• Bill Hitchens (R, HD-161)
• Devan Seabaugh (R, HD-034)
• Carmen Rice (R, HD-139)

• criminal procedure
• bail law
• public safety officers
• aggravated assault