---
title: HB 1226. Crimes; justification for use of force in defense of self or others; revise standards
collection: bills
id: 2025-2026/hb1226
cite_as: HB 1226, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/hb1226
md_url: https://georgiacommons.org/bills/2025-2026/hb1226.md
text_url: https://georgiacommons.org/bills/2025-2026/hb1226/text
source_url: https://www.legis.ga.gov/legislation/72917
date: 2026-02-26
status: introduced
corpus_version: bills-2026-09-13
license: Public record of the Georgia General Assembly, via LegiScan; see about.md
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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omitted: votes and history
omitted_chars: 305
omitted_url: https://georgiacommons.org/bills/2025-2026/hb1226.md?full=1
bill_number: HB 1226
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: House
bill_type: bill
status_date: 2026-02-05
last_action: House Committee Favorably Reported By Substitute
sponsors:
- David Clark
- Tyler Smith
- Jordan Ridley
- Alan Powell
- Josh Bonner
- Karen Mathiak
text_version: Comm Sub
has_text: true
legiscan_url: https://legiscan.com/GA/bill/HB1226/2025
upstream_id: 2110036
summaries_model: claude-sonnet-5
topic_tags:
- self-defense law
- stand your ground
- gun rights
- criminal justice
- civil immunity
---
# HB 1226. Crimes; justification for use of force in defense of self or others; revise standards
## Text
The House Committee on Judiciary, Non Civil offers the following substitute to HB 1226:
A BILL TO BE ENTITLED
AN ACT
To amend Article 2 of Chapter 3 of Title 16 of the Official Code of Georgia Annotated,
relating to justification and excuse in defenses to criminal prosecutions, so as to provide for
an additional justification for use of force in defense of self or others; to provide for a
rebuttable presumption; to provide for timing for claims of immunity from prosecution based
upon justification; to provide for standards of proof; to amend Code Section 51-11-9 of the
Official Code of Georgia Annotated, relating to no duty to retreat and immunity in certain
instances of threat or use of force, so as to extend immunity from civil liability in justified
use of force cases to legal representatives and heirs of the person against whom force was
used; to provide for related matters; to provide for an effective date; to repeal conflicting
laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 2 of Chapter 3 of Title 16 of the Official Code of Georgia Annotated, relating to
justification and excuse in defenses to criminal prosecutions, is amended by revising Code
Section 16-3-21, relating to use of force in defense of self or others and evidence of belief
that force was necessary in murder or manslaughter prosecution, as follows:
"16-3-21.
(a) A person is justified in threatening or using force against another when and to the
extent that he or she reasonably believes that such threat or force is necessary to defend
himself or herself or a third person against such other's imminent use of unlawful force;
however, except as provided in Code Section 16-3-23, a person is justified in using force
which is intended or likely to cause death or great bodily harm only if he or she reasonably
believes that such force is necessary to prevent death or great bodily injury to himself or
herself or a third person or to prevent the commission of a forcible felony. 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.
(b) A person is not justified in using force under the circumstances specified in
subsection (a) of this Code section if he or she:
(1) Initially provokes the use of force against himself or herself with the intent to use
such force as an excuse to inflict bodily harm upon the assailant;
(2) Is attempting to commit, committing, or fleeing after the commission or attempted
commission of a felony; or
(3) Was the aggressor or was engaged in a combat by agreement unless he or she
withdraws from the encounter and effectively communicates to such other person his or
her intent to do so and the other, notwithstanding, continues or threatens to continue the
use of unlawful force; or
(4) Used or threatened force against a law enforcement officer acting in the performance
of his or her official duties and such officer properly identified himself or herself in
accordance with law or the person who used or threatened force knew or reasonably
should have known that the person was a law enforcement officer and the force used or
threatened occurred in a location readily accessible to the public or a place of public
accommodation.
(c) Any rule, regulation, or policy of any agency of the state or any ordinance, resolution,
rule, regulation, or policy of any county, municipality, or other political subdivision of the
state which is in conflict with this Code section shall be null, void, and of no force and
effect.
(d)(1) In a prosecution for any offense prohibited under Chapter 5 of this title, if a
defendant raises as a defense a justification provided by subsection (a) of this Code
section, the defendant may offer relevant evidence that the defendant had been subjected
to acts of family violence, dating violence, or child abuse committed by the alleged
victim, as such acts are described in Code Sections 19-13-1, 19-13A-1, and 19-15-1,
respectively, in order to establish the defendant's reasonable belief that the threat or use
of force or deadly force was immediately necessary.
(2) Relevant evidence includes, but is not limited to:
(A) Evidence pertaining to the alleged victim's prior acts, including, but not limited to:
(i) Evidence indicating the defendant sought law enforcement assistance;
(ii) Evidence indicating the defendant sought services from a counselor, social
worker, domestic violence program, or other relevant agency or service provider;
(iii) Evidence indicating the defendant sought medical attention;
(iv) Evidence of the effects of battering and post-traumatic stress disorder on the
defendant; and
(v) Temporary protective order petitions, ex parte orders, and final orders in which
the alleged victim is the respondent;
(B) Expert testimony, including, but not limited to, testimony as to relevant facts and
circumstances relating to the family violence, dating violence, or child abuse, as such
acts are described in Code Sections 19-13-1, 19-13A-1, and 19-15-1, respectively, that
are the bases of such expert's opinion; and
(C) Any other evidence the court determines is of sufficient credibility or probative
value.
(3) Evidence introduced under this subsection shall be subject to Code Sections
24-4-401, 24-4-402, and 24-4-403."
SECTION 2.
Said article is further amended by revising Code Section 16-3-24.2, relating to immunity
from prosecution and exception, as follows:
"16-3-24.2.
(a) A person who uses threats or force in accordance with Code Section 16-3-20, 16-3-21,
16-3-23, 16-3-23.1, 16-3-24, or 17-4-20 shall be immune from criminal prosecution
therefor unless in the use of deadly force, such person utilizes a weapon the carrying or
possession of which is unlawful by such person under Part 2 of Article 4 of Chapter 11 of
this title.
(b) A law enforcement agency may use standard procedures to investigate the use of
threats or force in instances set forth in subsection (a) of this Code section; provided,
however, that 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.
(c) A claim of immunity pursuant to this Code section may be made during arraignment
or as a pretrial motion. When a prima-facie claim of immunity has been raised, such claim
shall only be overcome by clear and convincing evidence."
SECTION 3.
Code Section 51-11-9 of the Official Code of Georgia Annotated, relating to no duty to
retreat and immunity in certain instances of threat or use of force, is amended as follows:
"51-11-9.
A person who is justified in threatening or using force against another under the provisions
of Code Section 16-3-20, relating to justification as a defense, Code Section 16-3-21,
relating to the use of force in defense of self or others, Code Section 16-3-23, relating to
the use of force in defense of a habitation, Code Section 16-3-24, relating to the use of
force in defense of property other than a habitation, or Code Section 17-4-20, relating to
arrests and use of force by law enforcement officers, has no duty to retreat from the use of
such force and shall not be held liable to the person against whom the use of force was
justified, to any legal representative or heir of such person, or to any person acting as an
accomplice or assistant to such person in any civil action brought as a result of the threat
or use of such force."
SECTION 4.
This Act shall become effective upon its approval by the Governor or upon its becoming law
without such approval.
SECTION 5.
All laws and parts of laws in conflict with this Act are repealed.
## Summaries written by Georgia Commons
The following was written by claude-sonnet-5 from the text above and is not part of the bill. Quote the text, not the summary.
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.
### Plain-language summary
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 it 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.
## Status
- Status: Introduced (2026-02-05)
- Last action: House Committee Favorably Reported By Substitute (2026-02-26)
- Sponsors: David Clark, Tyler Smith, Jordan Ridley, Alan Powell, Josh Bonner, Karen Mathiak
- Official page: https://www.legis.ga.gov/legislation/72917
> The history, votes, and amendments (305 characters) are at https://georgiacommons.org/bills/2025-2026/hb1226.md?full=1