HB 194: Crimes and offenses; 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's necessary. This bill changes several parts of that law (found in O.C.G.A. Title 16, Chapter 3). It adds a legal presumption that a person's use of force for self-defense was reasonable and necessary, though prosecutors could still try to disprove that presumption in court. The bill also narrows the list of situations where someone cannot claim self-defense. Currently, the defense doesn't apply if the person started the fight, was fleeing a felony, or agreed to fight. The bill removes those exceptions and instead says the defense doesn't apply only when someone used force against a properly identified law enforcement officer in a public place. Separately, the bill limits when police can arrest someone claiming self-defense, lets people raise an immunity claim as early as arraignment, and requires prosecutors to overcome that claim with 'clear and convincing evidence.' It also extends existing civil lawsuit immunity to the heirs and legal representatives of the person the force was used against.

• Creates a rebuttable presumption that force used in self-defense was reasonable and necessary, shifting the burden toward disproving that claim in court.
• Removes existing exceptions that block a self-defense claim when the person provoked the fight, was committing or fleeing a felony, or was the initial aggressor.
• Adds a narrower exception: self-defense does not apply only when force is used against a properly identified on-duty law enforcement officer in a public place.
• Limits police from arresting someone who claims self-defense unless there is a probable cause finding that the force used was actually unlawful.
• Allows a person to raise a claim of legal immunity from prosecution as early as arraignment, and requires prosecutors to overcome that claim with clear and convincing evidence.
• Extends existing civil lawsuit immunity for justified use of force to also cover the heirs and personal representatives of the person the force was used against.

People who use force to defend themselves or others, criminal defendants raising self-defense claims, prosecutors and judges handling those cases, law enforcement officers making arrest decisions, and the estates or family members of people injured or killed in self-defense incidents.

The changes would make it easier for someone claiming self-defense to avoid arrest, prosecution, or civil liability, since courts would start by presuming the force was justified and prosecutors would face a higher bar to disprove it. It would also remove long-standing limits that barred people who started a fight or were committing a felony from claiming self-defense.

• Section 1 rewrites O.C.G.A. § 16-3-21 to add a rebuttable presumption that force used for self-defense is reasonable, necessary, and justified.
• Section 1 replaces the old list of disqualifying circumstances (provoking a fight, fleeing a felony, being the aggressor) with a single, narrower exception involving force against an identified law enforcement officer in a public place.
• Section 2 revises O.C.G.A. § 16-3-24.2 to bar police from arresting someone claiming self-defense immunity unless there is a probable cause finding the force was unlawful.
• Section 2 lets a defendant raise an immunity claim at arraignment or in a pretrial motion, and requires prosecutors to defeat a prima facie claim with clear and convincing evidence.
• Section 3 amends O.C.G.A. § 51-11-9 to extend civil lawsuit immunity for justified use of force to the personal representatives or heirs of the person the force was used against.

1. 2025-02-04House Second Readers (House)
2. 2025-02-03House First Readers (House)
3. 2025-01-30House Hopper (House)

• Charlice Byrd (R, HD-020)Primary sponsor
• Noelle Kahaian (R, HD-081)
• Jordan Ridley (R, HD-022)
• Mitchell Horner (R, HD-003)

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