HB 368: De-escalation Right To Know Law; enact

Under current Georgia law, officers who pull someone over for a traffic violation are not explicitly required to explain why they made the stop. House Bill 368, called the 'De-escalation Right To Know Law,' would add a new section to Georgia's motor vehicle code requiring officers to tell a driver the purpose of the stop and the suspected traffic violation, but only if the driver asks and only after the driver has shown their driver's license as already required under Georgia law (O.C.G.A. § 40-5-29). The bill also makes clear that if an officer fails to explain the reason for the stop, that failure does not make an otherwise lawful arrest invalid and does not stop the officer from issuing a traffic ticket. The bill would add this rule to Title 40 of the Official Code of Georgia Annotated, which governs motor vehicles.

• Creates a new requirement that officers explain the purpose of a traffic stop and the suspected violation if the driver asks.
• Conditions this requirement on the driver first showing their driver's license as current law already requires.
• Clarifies that an officer's failure to explain the stop does not invalidate an otherwise lawful arrest.
• Clarifies that an officer's failure to explain the stop does not prevent them from issuing a traffic citation.
• Gives the new rule a short title, the 'De-escalation Right To Know Law,' for public reference.

Drivers who are pulled over for suspected traffic violations in Georgia, and law enforcement officers who conduct traffic stops, since the bill sets a new procedural expectation for what officers must tell drivers who ask.

If enacted, drivers stopped for traffic violations would have a clear legal basis to ask why they were stopped and get an answer, once they show their license. Because the bill does not penalize officers who skip this step, its practical effect may depend on how consistently the requirement is followed.

• Section 1 names the bill the 'De-escalation Right To Know Law.'
• Section 2 adds new Code Section 40-1-10, requiring an officer to state the purpose of a stop and suspected violation upon the driver's request, after the driver shows a driver's license under O.C.G.A. § 40-5-29.
• Section 2 also specifies that an officer's noncompliance does not invalidate an otherwise lawful arrest or block issuance of a uniform traffic citation.
• Section 3 repeals any conflicting laws.

1. 2025-02-12House Second Readers (House)
2. 2025-02-11House First Readers (House)
3. 2025-02-10House Hopper (House)

• Dexter Sharper (D, HD-177)Primary sponsor
• Bill Hitchens (R, HD-161)
• Eddie Lumsden (R, HD-012)
• Yasmin Neal (D, HD-079)
• Terry Cummings (D, HD-039)
• Eric Bell (D, HD-075)

• traffic stops
• police accountability
• driver's rights
• law enforcement procedures