HB 1226: Crimes; justification for use of force in defense of self or others; revise standards

Georgia law already lets people use force, including deadly force, to defend themselves or others when they reasonably believe it is necessary. This bill changes how that defense works in practice. It adds a rebuttable presumption (a starting assumption that can be challenged with evidence) that any qualifying use of force is reasonable and justified, shifting some of the burden onto prosecutors to disprove it. The bill also adds a new limit: a person is not justified in using force against a law enforcement officer who is properly performing official duties and either identifies themselves or is reasonably known to be an officer, in a public place. On the immunity side, it says police can still investigate a self-defense claim using normal procedures but cannot arrest someone unless they first find probable cause that the force was actually unlawful. A claim of immunity from prosecution can be raised at arraignment or in a pretrial motion, and prosecutors must overcome it with clear and convincing evidence. Separately, it amends the state's civil no-duty-to-retreat law (O.C.G.A. § 51-11-9) so that immunity from being sued also protects a defender from lawsuits brought by the heirs or legal representatives of the person they used force against. The law would take effect as soon as the Governor signs it.

• Adds a rebuttable presumption that a person's use of threatened or actual force in self-defense or defense of others is reasonable and justified, which can still be challenged with evidence.
• Creates a new exception denying the self-defense justification when force is used against a properly identified law enforcement officer performing official duties in a public place.
• Limits police from arresting someone over a self-defense claim unless they first make a probable cause finding that the force used was actually unlawful.
• Sets a procedure allowing a person to claim criminal immunity at arraignment or through a pretrial motion, requiring the prosecution to overcome it with clear and convincing evidence.
• Expands civil lawsuit immunity under Georgia's no-duty-to-retreat law (O.C.G.A. § 51-11-9) to also cover legal representatives and heirs of the person the force was used against.

People who use force to defend themselves or others, criminal defendants raising self-defense claims, prosecutors, law enforcement officers investigating self-defense incidents, and anyone who might sue or be sued in a civil case over a justified use of force, including the heirs of a person injured or killed.

The changes would make it harder for prosecutors to charge or convict someone who claims self-defense, since the law would presume the force was justified unless disproven by clear and convincing evidence, and would restrict when police can make an arrest in these cases. It would also shield defenders from civil suits filed by a victim's heirs.

• Section 1 revises O.C.G.A. § 16-3-21 to add a rebuttable presumption that force used in self-defense or defense of others is reasonable and justified.
• Section 1 adds a new exception (subsection (b)(4)) removing the justification when force is used against an identified or reasonably known law enforcement officer acting in official duties in a public place.
• Section 2 revises O.C.G.A. § 16-3-24.2 to let police investigate self-defense claims with standard procedures but bar arrest without a probable cause finding that the force was unlawful.
• Section 2 establishes that an immunity claim may be raised at arraignment or by pretrial motion and can only be overcome by clear and convincing evidence.
• Section 3 amends O.C.G.A. § 51-11-9 to extend civil lawsuit immunity to legal representatives and heirs of the person against whom justified force was used.
• Section 4 makes the law effective immediately upon the Governor's signature or upon becoming law without signature.

1. 2026-02-26House Committee Favorably Reported By Substitute (House)
2. 2026-02-19House Withdrawn, Recommitted (House)
3. 2026-02-18House Committee Favorably Reported (House)
4. 2026-02-09House Second Readers (House)
5. 2026-02-06House First Readers (House)
6. 2026-02-05House Hopper (House)

• David Clark (R, HD-100)Primary sponsor
• Tyler Smith (R, HD-018)
• Jordan Ridley (R, HD-022)
• Alan Powell (R, HD-033)
• Josh Bonner (R, HD-073)
• Karen Mathiak (R, HD-082)

• self-defense law
• stand your ground
• gun rights
• criminal justice
• civil immunity