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House · Introduced · 2025-2026 Regular Session

HB 1322: Crimes and offenses; riot; repeal misdemeanor penalty and provide for a felony penalty

Last action March 6, 2026 · House Committee Favorably Reported

A Georgia House bill would turn the crime of riot from a misdemeanor into a felony punishable by 1 to 20 years in prison, and would add riot to the list of offenses covered by the state's bail schedule law.

Read the full bill text

These buttons carry the bill's own text, not the summaries below. Copy for LLM, View as markdown, and Send to AI use the Markdown version: the text as filed, then the summaries under a heading that names them as ours. View raw is the text alone.

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 Introduced version, the latest the General Assembly's website lists.

In plain language

Under current Georgia law, riot (defined as two or more people committing an act of violence or acting in a violent and tumultuous manner) is punished as a misdemeanor. This bill rewrites that penalty in Code Section 16-11-30 so that anyone convicted of riot faces a felony charge, with a prison sentence of not less than one year and not more than 20 years. The bill also changes Georgia's bail law (O.C.G.A. § 17-6-1), which lists specific offenses and sets rules for how bail is handled for them. It adds riot to that list alongside other listed offenses, meaning riot would now be explicitly covered by the bail procedures in that section. The bill does not change the underlying definition of riot itself, only the penalty and its bail treatment. It repeals any conflicting laws but does not state a specific effective date beyond the standard process of becoming law.

What the bill does

  • Rewrites the penalty in O.C.G.A. § 16-11-30 so riot becomes a felony instead of a misdemeanor.
  • Sets the felony sentence for riot at not less than one year and not more than 20 years in prison.
  • Adds riot as a new paragraph (15) to the list of offenses covered under Georgia's bail schedule law (O.C.G.A. § 17-6-1).
  • Leaves the definition of riot itself unchanged: two or more people committing a violent or tumultuous act.
  • Repeals any existing laws that conflict with these changes.

Who it affects

People charged with or convicted of riot in Georgia, criminal defense attorneys, prosecutors, judges setting bail and sentences, and county jails and state prisons that would handle longer felony sentences instead of misdemeanor terms.

Why it matters

Someone convicted of riot would face a felony record and up to 20 years in prison instead of the shorter jail time and lesser consequences that come with a misdemeanor. Adding riot to the bail statute could also change how judges set bail conditions for people charged with the offense.

Key provisions

  • Section 1 amends O.C.G.A. § 16-11-30(b) to remove the misdemeanor penalty and replace it with a felony penalty of one to 20 years imprisonment.
  • Section 1 leaves subsection (a)'s definition of riot (two or more persons committing a violent or tumultuous act) unchanged.
  • Section 2 amends O.C.G.A. § 17-6-1 by adding a new paragraph (15) listing 'Riot' among offenses covered by the state's bail schedule and procedures.
  • Section 3 repeals any conflicting laws, a standard clause with no substantive effect on its own.

Discussed in meetings (4)

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.

  1. House Judiciary Non-Civil Committee, March 5, 2026 (part 2)

    From 1:03:24 · Watch on the General Assembly's Vimeo channel

    Summary by Georgia Commons: A presenter speaking for the sponsor said the bill would change rioting from a misdemeanor to a felony, making its treatment more consistent with rioting in a penal institution. A witness for the ACLU of Georgia opposed it, arguing that the existing definition was broad and vague enough to threaten peaceful protest participants with up to 20 years in prison. The witness said existing offenses already punished violence and property destruction. Asked how the bill differed from another riot proposal, the witness tentatively identified a bail provision but offered to verify the difference. A witness for the Georgia Association of Criminal Defense Lawyers argued that increasing the penalty to one to 20 years heightened constitutional concerns about vague language, and urged clearer definitions. A Common Cause Georgia witness also opposed the bill, saying it would place riot in a bail provision alongside offenses such as murder and rape. The chair said consideration would resume at 8 a.m. the next morning. No amendment or vote occurred.

  2. House Judiciary Non-Civil Committee, March 6, 2026

    From 0:17:23 · Watch on the General Assembly's Vimeo channel

    Summary by Georgia Commons: The sponsor presented HB 1322 as making rioting a felony, citing felony treatment of riots in penal institutions as a precedent. The sponsor said peaceful protests and First Amendment rights would remain protected, and discussed disorderly-conduct provisions addressing violent or tumultuous behavior that places another person in reasonable fear for their safety. Members asked no questions, and no additional public testimony was given. A motion to table produced a tie, which the chair broke against tabling. The committee then approved the bill, with opposing voices heard and the chair voting in favor. No numerical tally was announced.

Status timeline

  1. 2026-03-06House Committee Favorably Reported (House)
  2. 2026-02-19House Second Readers (House)
  3. 2026-02-18House First Readers (House)
  4. 2026-02-17House Hopper (House)

Sponsors

  • Mike Cheokas (R, HD-151)Primary sponsor
  • Clint Crowe (R, HD-118)
  • Eddie Lumsden (R, HD-12)
  • Buddy DeLoach (R, HD-167)
  • Chas Cannon (R, HD-172)
  • Deborah Silcox (R, HD-53)

Topics

  • riot laws
  • criminal penalties
  • bail procedures
  • felony sentencing

Ask about this bill

Answers come from this document. Not legal advice.

Machine-readable https://georgiacommons.org/bills/2025-2026/hb1322.md · https://georgiacommons.org/bills/index.md · MCP https://mcp.georgiacommons.org/mcp

HB1322: Crimes and offenses; riot; repeal misdemeanor penalty and provide for a felony penalty | Georgia Commons