Georgia CommonsHouse · Introduced · 2025-2026 Regular Session
HB 1226: Crimes; justification for use of force in defense of self or others; revise standards
Last action February 26, 2026 · House Committee Favorably Reported By Substitute
A House Judiciary substitute to HB 1226 would change Georgia's self-defense law by adding a presumption that force used in self-defense is reasonable, tightening how police can investigate such claims, and expanding civil immunity to cover a person's heirs.
The summaries below were written by an AI model (claude-sonnet-5) from the text of the bill and are not part of it. Quote the text, not the summary. The stored text is the Comm Sub version, the latest the General Assembly's website lists.
In plain language
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.
What the bill does
- 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.
Who it affects
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.
Why it matters
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.
Key provisions
- 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.
From the bill
“Any such use of force is presumed to be reasonable and necessary for defense and justified pursuant to this Code section, but such presumption may be rebutted.”
“such agency shall not arrest a person for using or threatening to use force unless a probable cause determination has been made that such force used or threatened was unlawful.”
“When a prima-facie claim of immunity has been raised, such claim shall only be overcome by clear and convincing evidence.”
Discussed in meetings (7)
The House and Senate meetings that took this bill up, from their machine transcripts. Each account was written by Georgia Commons with AI and is not part of the record; the video is what was said.
House Judiciary Non-Civil Committee, February 17, 2026
From 0:47:28 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: The sponsor said the bill would presume defensive force justified unless the state presented contrary evidence, require probable cause before arrest and allow an earlier immunity hearing. The sponsor argued that delays impose detention and legal costs on people who acted lawfully. A Georgia Gun Owners witness supported shifting the burden to prosecutors and moving hearings earlier. The Butts County sheriff described a wedding shooting case that the sheriff considered self-defense, saying the accused couple sold their home and business to pay legal fees. Several members supported earlier hearings but questioned other changes. One member warned that deleting language about aggressors could let someone provoke violence and claim self-defense. Other members questioned restrictions involving law enforcement and public places. A witness and a member said the public-place language was tied to the law-enforcement provision, not a general ban on self-defense in public. One member proposed removing the other changes and requiring an immunity hearing within 90 days. That amendment failed by voice vote. The committee then advanced the bill by voice vote, with no count stated. In response to a procedural question, the chair said a bill need not first go through a subcommittee.
House Rules Committee, February 19, 2026
From 0:42:01 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: The committee approved returning HB 1226 to the House Judiciary Non-Civil Committee after a motion and second. No opposition was voiced, and there was no discussion of the bill’s contents.
House Judiciary Non-Civil Committee, February 25, 2026
From 0:32:29 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: The sponsor presented a substitute restoring language unintentionally deleted from an earlier version. The sponsor said the proposal would allow earlier self-defense immunity hearings and require prosecutors to support charges with evidence, rather than leaving defendants waiting in jail. Asked about restrictions involving police officers, a Georgia Gun Owners witness said the bill would bar a self-defense claim when an identified officer performs lawful duties in public, while preserving defenses for mistaken entries into homes. The witness said 18 other states had adopted similar legislation. The DeKalb County district attorney opposed the bill, saying hearing delays depend on defense motions and suggesting a deadline for judges instead. That witness also objected to shifting the burden of proof and restricting arrests before investigation. The Toombs Circuit district attorney warned that opposing gang shooters could both claim self-defense. A Georgia Majority for Gun Safety witness supported a previously proposed 90-day hearing deadline instead. The Georgia Gun Owners witness supported placing the burden on government to protect lawful gun owners from prosecution costs. The sponsor later said officers could still arrest with probable cause. The committee passed the substitute after repeated hand counts. The chair counted five opponents during one count, but announced no complete final tally.
House Rules Committee, March 2, 2026
From 0:38:26 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: The sponsor said HB 1226 would give people claiming self-defense faster access to a pretrial immunity hearing and place the burden on prosecutors to show that force was not justified. Asked what prompted the proposal, the sponsor cited a Butts County case and said the accused had lost a home and job while facing prosecution. The sponsor attributed that prosecution to political motives. One committee member questioned whether prosecutors supported the bill. The sponsor described objections or concerns from the Prosecuting Attorneys' Council, without clearly explaining its position. A second member said officers already could decline arrests when evidence supported self-defense, prosecutors already bore the burden of disproving affirmative defenses, and judges could examine evidence at probable-cause hearings. That member questioned why existing discretion and procedures were insufficient. The sponsor responded that the bill would clarify protections and allow an earlier immunity request, while permitting a case to proceed if the judge found sufficient evidence. No decision was recorded.
Status timeline
- House Committee Favorably Reported By Substitute (House)
- House Withdrawn, Recommitted (House)
- House Committee Favorably Reported (House)
- House Second Readers (House)
- House First Readers (House)
- House Hopper (House)
Sponsors
- David Clark (R, HD-100)
- Tyler Paul Smith (R, HD-18)
- Jordan Ridley (R, HD-22)
- Alan Powell (R, HD-33)
- Josh Bonner (R, HD-73)
- Karen Mathiak (R, HD-82)
Topics
- self-defense law
- stand your ground
- gun rights
- criminal justice
- civil immunity