--- title: HB 464. Crimes and offenses; immunity for a prospective offender while seeking assistance from law enforcement as a victim of certain offenses; provide collection: bills id: 2025-2026/hb464 cite_as: HB 464, 2025-2026 Regular Session (Ga.) canonical_url: https://georgiacommons.org/bills/2025-2026/hb464 md_url: https://georgiacommons.org/bills/2025-2026/hb464.md text_url: https://georgiacommons.org/bills/2025-2026/hb464/text source_url: https://www.legis.ga.gov/legislation/70351 date: 2025-04-04 status: introduced corpus_version: bills-2026-08-28 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. up: https://georgiacommons.org/bills/2025-2026.md previous: https://georgiacommons.org/bills/2025-2026/hb463.md next: https://georgiacommons.org/bills/2025-2026/hb465.md index: https://georgiacommons.org/bills/index.md omitted: votes and history omitted_chars: 249 omitted_url: https://georgiacommons.org/bills/2025-2026/hb464.md?full=1 bill_number: HB 464 session: 2025-2026 Regular Session session_slug: 2025-2026 chamber: House bill_type: bill status_date: 2025-02-13 last_action: House Withdrawn, Recommitted sponsors: - Eric Bell - Noelle Kahaian - Bryce Berry - Charlice Byrd - Gabriel Sanchez text_version: Comm Sub has_text: true legiscan_url: https://legiscan.com/GA/bill/HB464/2025 upstream_id: 1970332 summaries_model: claude-sonnet-5 topic_tags: - crime victims - law enforcement policy - sexual assault - domestic violence - criminal justice reform --- # HB 464. Crimes and offenses; immunity for a prospective offender while seeking assistance from law enforcement as a victim of certain offenses; provide ## Text 25 LC 48 1579S The House Committee on Judiciary, Non- Civil offers the following substitute to HB 464: A BILL TO BE ENTITLED AN ACT To amend Article 2 of Chapter 3 of Title 16 of the Official Cod e of Georgia Annotated,1 relating to justification and excuse relative to defenses to cr iminal prosecutions, so as to2 provide for immunity for a prospective offender while seeking a ssistance from law3 enforcement as a victim of a certain offenses; to provide for l imitations regarding4 prosecution; to provide for related matters; to repeal conflicting laws; and for other purposes.5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6 SECTION 1.7 Article 2 of Chapter 3 of Title 16 of the Official Code of Geor gia Annotated, relating to8 justification and excuse relative to defenses to criminal prosecutions, is amended by adding9 a new Code section, to read as follows:10 "16-3-22.2.11 (a) As used in this Code section, the term 'predominant aggress or' means the individual12 who poses the most serious ongoing threat, and who may not be the initial aggressor in a13 specific incident.14 (b) Any victim of a violation of:15 H. B. 464 (SUB) - 1 - 25 LC 48 1579S (1) Aggravated assault, and who is not the predominant aggress or, as defined in Code16 Section 16-5-21;17 (2) Aggravated battery, as defined in Code Section 16-5-24;18 (3) Female genital mutilation, as defined in Code Section 16-5-27;19 (4) Kidnapping, as defined in Code Section 16-5-40;20 (5) Rape, as defined in Code Section 16-6-1;21 (6) Aggravated sodomy, as defined in Code Section 16-6-2; or22 (7) Aggravated sexual battery, as defined in Code Section 16-6-22.2;23 provided, however, that such person is no way an accomplice to the crime such person is24 reporting to law enforcement.25 (c) Any person who is a victim of a crime as provided for in paragraphs (1) through (7) of26 subsection (b) of this Code section who in good faith seeks law enforcement assistance for27 himself or herself or who is the subject of such a request shall not be arrested, charged, or28 prosecuted for a criminal violation if the evidence for the arrest, charge, or prosecution of29 such criminal violation resulted solely from seeking such assistance from law enforcement. 30 Any such person shall also not be subject to, if related to the seeking of such assistance:31 (1) Penalties for a violation of a permanent or temporary protective order or restraining32 order; or33 (2) Sanctions for a violation of a condition of pretrial release, condition of probation, or34 condition of parole based on a drug violation."35 SECTION 2.36 All laws and parts of laws in conflict with this Act are repealed.37 H. B. 464 (SUB) - 2 - ## 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 Georgia House bill would give people who are victims of certain violent or sexual crimes limited immunity from arrest or prosecution when they call police for help, even if that call reveals their own criminal conduct. ### Plain-language summary Currently, a crime victim who calls police for help could still face arrest or prosecution if that contact with law enforcement turns up evidence of unrelated offenses on their part, such as a drug violation or a probation issue. This discourages some victims, especially those already in legally risky situations, from seeking help. This bill adds a new section to Georgia's criminal defenses law (O.C.G.A. § 16-3-22.2) that protects victims of aggravated assault, aggravated battery, female genital mutilation, kidnapping, rape, aggravated sodomy, and aggravated sexual battery from arrest, charge, or prosecution if the only evidence against them came from seeking law enforcement assistance. It also shields them from protective order violation penalties and from drug-related probation or parole sanctions tied to that same request for help, as long as they were not an accomplice to the crime they reported. ### What it does - Creates a new Georgia law (O.C.G.A. § 16-3-22.2) protecting certain crime victims from arrest, charge, or prosecution when evidence against them comes solely from seeking police help. - Defines a 'predominant aggressor' as the person who poses the most serious ongoing threat, who may not be the one who started a specific incident, for purposes of aggravated assault cases. - Covers victims of seven specific crimes: aggravated assault (if not the predominant aggressor), aggravated battery, female genital mutilation, kidnapping, rape, aggravated sodomy, and aggravated sexual battery. - Shields protected victims from penalties for violating a protective or restraining order if that violation is tied to seeking law enforcement help. - Shields protected victims from probation or parole sanctions based on a drug violation if tied to seeking law enforcement help. - Excludes anyone who was an accomplice to the crime they are reporting from this immunity. ### Who it affects Victims of aggravated assault, aggravated battery, female genital mutilation, kidnapping, rape, aggravated sodomy, and aggravated sexual battery in Georgia; law enforcement officers and prosecutors handling these cases; and people on probation, parole, or subject to protective orders who seek police help as crime victims. ### Why it matters Victims who fear being arrested or having a probation or protective order violation exposed may currently hesitate to call police. This bill would let them seek help for serious violent or sexual crimes without risking prosecution or sanctions based solely on facts that surface from that call. ### Key provisions - Section 1 adds new Code Section 16-3-22.2 to Article 2 of Chapter 3 of Title 16, covering justification and excuse defenses to criminal prosecution. - Subsection (a) defines 'predominant aggressor' as the person posing the most serious ongoing threat, who may not be the initial aggressor in the incident. - Subsection (b) lists the seven qualifying offenses, citing their existing Code definitions, and excludes accomplices from protection. - Subsection (c) grants immunity from arrest, charge, or prosecution when evidence resulted solely from seeking law enforcement assistance, and extends protection to protective order violations and drug-related probation or parole sanctions tied to that assistance. - Section 2 repeals any conflicting laws. ## Status - Status: Introduced (2025-02-13) - Last action: House Withdrawn, Recommitted (2025-04-04) - Sponsors: Eric Bell, Noelle Kahaian, Bryce Berry, Charlice Byrd, Gabriel Sanchez - Official page: https://www.legis.ga.gov/legislation/70351 > The history, votes, and amendments (249 characters) are at https://georgiacommons.org/bills/2025-2026/hb464.md?full=1