House Bill 582 (AS PASSED HOUSE AND SENATE)
By: Representatives Gunter of the 8th, Reeves of the 99th, New of the 40th, Hong of the 103rd,
Smith of the 18th, and others
A BILL TO BE ENTITLED
AN ACT
To amend Titles 16, 17, 24, and 45 of the Official Code of Georgia Annotated, relating to
crimes and offenses, criminal procedure, evidence, and public officers and employees,
respectively, so as to provide for defendants to support a justification defense by offering
evidence of family violence, dating violence, or child abuse committed by the alleged victim;
to provide for petitions for the opportunity to present such evidence; to revise provisions for
the defense of coercion and to provide for the application of such defense in all criminal
cases; to provide a privilege for participation in victim centered programs and
victim-offender dialogues; to provide for definitions; to provide for limitations; to provide
for civil immunity for facilitators in certain circumstances; to provide for a short title; to
provide for uniform oaths to be sworn by all peace officers; to provide for aspirational
language in such oaths; to limit the legal effect of any such aspirational language; to limit the
crime of violation of oath of a public officer to codified oaths; to limit the violation of oath
by a public officer to violations predicated on certain offenses; to provide for related matters;
to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
This Act shall be known and may be cited as the "Georgia Survivor Justice Act."
SECTION 2.
Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is
amended in Article 2 of Chapter 3, relating to justification and excuse under defenses to
criminal prosecutions, by revising subsection (d) of 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:
"(d)(1) In a prosecution for <del>murder or manslaughter</del> <ins>any offense prohibited under Chapter
5 of this title,</ins> if a defendant raises as a defense a justification provided by subsection (a)
of this Code section, the defendant <ins>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,</ins> in order to establish the defendant's reasonable belief that the <ins>threat
or</ins> use of force or deadly force was immediately necessary, <del>may be permitted to offer:
(1) Relevant evidence that the defendant had been the victim of acts of family violence
or child abuse committed by the deceased, as such acts are described in Code Sections
19-13-1 and 19-15-1, respectively; and
(2) Relevant expert testimony regarding the condition of the mind of the defendant at the
time of the offense, including those relevant facts and circumstances relating to the family
violence or child abuse that are the bases of the expert's opinion.
</del> <ins>(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;
</ins>
<ins>(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."
</ins> SECTION 3.
Said title is further amended in said article by revising Code Section 16-3-26, relating to
coercion, as follows:
"16-3-26.
A person is not guilty of a crime, except <del>murder</del> <ins>for the offense of murder provided for in
subsection (a) of Code Section 16-5-1,</ins> if the act upon which the supposed criminal liability
is based is performed under such coercion that <del>the person</del> <ins>he or she</ins> reasonably believes that
performing the act is <del>the only way</del> <ins>necessary</ins> to prevent <del>his</del> imminent death or great bodily
injury <ins>to himself or herself or a third person."
</ins> SECTION 4.
Said title is further amended by revising Code Section 16-10-1, relating to violation of oath
by public officer, as follows:
"16-10-1.
<ins>(a)</ins> Any public officer who willfully and intentionally violates the terms of his <ins>or her</ins> oath
as prescribed by law shall, upon conviction thereof, be punished by imprisonment for not
less than one nor more than five years.
<ins>(b) Any peace officer, as such term is defined in Code Section 35-8-2, who has sworn the
oath or oaths prescribed in Code Sections 15-16-4 and 45-3-7 shall be subject to
prosecution under this Code section only for violations of such oath or oaths as prescribed.
(c) No individual shall be subject to prosecution for violation of his or her oath of office
under this Code section, except where such violation is predicated upon the commission
of a felony or a misdemeanor of a high and aggravated nature."
</ins> SECTION 5.
Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is
amended in Article 1 of Chapter 10, relating to procedure for sentencing and imposition of
punishment, by revising subsection (f) of Code Section 17-10-1, relating to fixing of
sentence, suspension or probation of sentence, change in sentence, eligibility for parole,
prohibited modifications, and exceptions, as follows:
"(f)(1) Within one year of the date upon which the sentence is imposed, or within 120
days after receipt by the sentencing court of the remittitur upon affirmance of the
judgment after direct appeal, whichever is later, the court imposing the sentence has the
jurisdiction, power, and authority to correct or reduce the sentence and to suspend or
probate all or any part of the sentence imposed. The time periods prescribed in this
subsection require the defendant to file a motion within such time periods; however, the
court shall not be constrained to issue its order or hear the matter within such time
periods. Prior to entering any order correcting, reducing, or modifying any sentence, the
court shall afford notice and an opportunity for a hearing to the prosecuting attorney.
Any order modifying a sentence which is entered without notice and an opportunity for
a hearing as provided in this subsection shall be void. This subsection shall not limit any
other jurisdiction granted to the court in this Code section or as provided for in subsection
(g) of Code Section 42-8-34.
<ins>(2)(A) A person who is serving a sentence may submit a petition to the court
requesting to be sentenced under Code Section 17-10-22 if:
(i) The offense was committed before July 1, 2025; or
(ii) The petition includes evidence that was not part of the record of the case at any
sentencing hearing.
(B) Such petition shall be served upon the district attorney. The state shall file its
response, if any, within 60 days of being served with such petition. The superior court
shall, upon motion for an extension of time and after a hearing and good cause shown,
grant one extension to the original 60 day period, not to exceed 180 additional days.
(C) There shall be a presumption in favor of granting a hearing on a petition filed
pursuant to this paragraph unless the court determines that there is a lack of
circumstantial guarantees of trustworthiness, an inherent unreliability of the facts
asserted, or a deficiency in the factual allegations in the petition. If the court decides
that the petitioner is not entitled to a hearing, the court shall enter an order denying
relief and shall include written findings of fact outlining the reasons for such order.
(D) A hearing on a petition filed pursuant to this paragraph, if granted, shall be
scheduled within 90 days of the filing of such petition or within 60 days of the deadline
for the state's response, whichever is later. The state shall be given notice and the
opportunity to respond at any such hearing.
(E)(i) If, based upon evidence presented at the hearing, the court determines that the
petitioner has met the criteria provided in subsection (b) of Code Section 17-10-22,
the court shall enter an order reducing the defendant's sentence pursuant to
subsection (c) of Code Section 17-10-22.
</ins>
<ins>(ii) If, based upon the petition or evidence presented at the hearing, the court
determines that the petitioner has not met the criteria provided in subsection (b) of
Code Section 17-10-22, the court shall notify the petitioner, dismiss his or her petition
without prejudice, and enter an order to such effect. Such an order shall include
written findings of fact outlining the reasons for such order.
(F) Any order issued by a court pursuant to this paragraph shall include written
findings of fact and the reasons for such order.
(G) Any judgments pursuant to this paragraph shall be final judgments and subject to
direct appeal by the petitioner and the state under Code Sections 5-6-34 and 5-7-1."
</ins> SECTION 6.
Said title is further amended in said article by adding a new Code section to read as follows:
<ins>"17-10-22.
(a) At the time of sentencing, the defendant may present evidence that he or she was
subjected to acts of 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, and that such
acts were a significant contributing factor for the offense for which the defendant is being
sentenced. The rules of evidence shall apply to such presentation of evidence except that
the following evidence shall be admissible:
(1) Hearsay;
(2) Character evidence;
(3) Evidence indicating the defendant sought law enforcement assistance;
(4) Evidence indicating the defendant sought services from a counselor, social worker,
domestic violence program, or other relevant agency or service provider;
(5) Evidence indicating the defendant sought medical attention;
</ins>
<ins>(6) Evidence of prior statements regarding the acts of 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;
(7) Evidence of the effects of battering and post-traumatic stress disorder on the
defendant;
(8) Evidence pertaining to the alleged perpetrator's history of other acts of 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, including, but not limited to, temporary
protective order petitions, ex parte orders, and final orders in which the alleged
perpetrator is the respondent;
(9) Expert testimony, including 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
(10) Any other evidence that the court determines is of sufficient credibility or probative
value.
(b) The court shall impose a sentence as provided in subsection (c) of this Code section
if the court finds that:
(1) By a preponderance of the evidence, the defendant was subjected to acts of 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, and such acts were a significant
contributing factor to the offense; or
(2) The best interest of justice and welfare of society would be served; provided,
however, that such finding shall only be entered with the consent of the state.
(c) Upon a finding provided for in subsection (b) of this Code section:
(1) A person convicted of a crime punishable by death or by life imprisonment shall be
punished by imprisonment for not less than ten years nor more than 30 years. In the
court's discretion, the judge may depart from such mandatory minimum sentence when
</ins>
<ins>the prosecuting attorney and the defendant have agreed to a sentence that is below such
mandatory minimum. Notwithstanding any other provision of law to the contrary, such
sentence may be reduced by any form of parole or early release administered by the State
Board of Pardons and Paroles or by any earned time, early release, work release, leave,
or other sentence-reducing measures under programs administered by the Department of
Corrections.
(2) A person convicted of a felony other than a felony punishable by death or life
imprisonment shall be punished by imprisonment for not less than one year nor more than
one-half the maximum period of time for which he or she could have been sentenced, by
one-half the maximum fine to which he or she could have been subjected, or both."
</ins> SECTION 7.
Title 24 of the Official Code of Georgia Annotated, relating evidence, is amended in Chapter
5, relating to privileges relative to evidence, by revising paragraphs (8) and (9) of and adding
a new paragraph to subsection (a) of Code Section 24-5-501, relating to certain
communications privileged, to read as follows:
"(8) Communications between or among any psychiatrist, psychologist, licensed clinical
social worker, clinical nurse specialist in psychiatric/mental health, licensed marriage and
family therapist, and licensed professional counselor who are rendering psychotherapy
or have rendered psychotherapy to a patient, regarding that patient's communications
which are otherwise privileged by paragraph (5), (6), or (7) of this subsection; <del>and
</del> (9) Communications between accountant and client as provided by Code Section
43-3-29; <ins>and
(10) Communications made in the context of victim centered practices or victim-offender
dialogues as provided for in Code Section 24-5-511."
</ins> SECTION 8.
Said title is further amended in said chapter by adding a new Code section to read as follows:
<ins>"24-5-511.
(a) As used in this Code section, the term:
(1) 'Facilitator' means a person who is trained to facilitate a victim centered practice or
victim-offender dialogue.
(2) 'Party' means a person, including a facilitator, a victim, an offender, a community
member, and any other participant, who voluntarily consents to participate with others
in a victim centered practice or victim-offender dialogue.
(3) 'Proceeding' means any legal action subject to the laws of this state, including, but
not limited to, civil, criminal, juvenile, or administrative hearings.
(4) 'Victim centered practice' or 'practice' means a gathering in which parties gather to
identify and respond to wrongdoing, repair harm, reduce the likelihood of further harm,
and strengthen community ties by focusing on the needs and obligations of all parties
involved through a participatory process.
(5) 'Victim-offender dialogue' or 'dialogue' means a process in which the victim of a
crime, or his or her surviving family members, and the offender who committed the crime
meet in a secure setting to engage in a dialogue facilitated by a facilitator with the goal
of repairing harm and addressing trauma.
(b)(1) Any communication or action made at any time while preparing for or
participating in a victim centered practice or a victim-offender dialogue or as a follow up
to such practice or dialogue, or the fact that such practice or dialogue has been planned
or convened, shall be privileged and shall not be referred to, used, or admitted in any
proceeding unless such privilege is waived. Such waiver may be made during the
proceeding or in writing by the party or parties protected by the privilege. Privileged
information shall not be subject to discovery or disclosure in any judicial or extrajudicial
proceeding and shall not be subject to public inspection as provided by Article 4 of
Chapter 18 of Title 50.
</ins>
<ins>(2) Parties of a victim centered practice or victim-offender dialogue may refuse to
disclose communications relating to a victim centered practice or victim-offender
dialogue and prevent others from disclosing such communications.
(3) Any waiver of privilege shall be limited to the participation and communications of
the waiving party only, and the participation or communications of any other party shall
remain privileged unless waived by such other party.
(c) Evidence that is created or discovered outside of the victim centered practice or
victim-offender dialogue shall not become inadmissible or protected from discovery solely
because it was discussed or used in a victim centered practice or victim-offender dialogue.
(d)(1) The privilege afforded by this Code section shall not extend to a situation in
which:
(A) There are threats of imminent violence to self or others; or
(B) The facilitator believes that a child is being abused or that the safety of any party
or other person is in danger.
(2) A court, tribunal, or administrative body may require a report on a victim centered
practice or victim-offender dialogue, but such report shall be limited to the fact that a
practice or dialogue has taken place and whether further practices or dialogues are
expected.
(e) The privilege created by this Code section shall not be grounds to fail to comply with
mandatory reporting requirements as set forth in Code Section 19-7-5 or Chapter 5 of
Title 30, the 'Disabled Adults and Elder Persons Protection Act.'
(f) No facilitator shall be held liable for civil damages for any statement, action, omission,
or decision made in the course of a victim centered practice or victim-offender dialogue
unless that statement, action, omission, or decision is:
(1) Grossly negligent and made with malice; or
(2) Made with willful disregard for the safety or property of any party to the victim
centered practice or victim-offender dialogue."
</ins>
SECTION 9.
Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees,
is amended by revising Code Section 45-3-7, relating to oaths of deputies, as follows:
"45-3-7.
<ins>(a)</ins> Before proceeding to act, all deputies shall take the same oaths as their principals take
and the oaths shall be filed and entered on the minutes of the same office with the same
endorsement thereon; but this Code section shall not apply to any deputy who may be
employed in particular cases only. A deputy sheriff may take his <ins>or her</ins> oaths before the
sheriff and the oaths may be filed in and entered in the records of the sheriff's office.
<ins>(b) All peace officers, as such term is defined in Code Section 35-8-2, taking their oath of
office on or after July 1, 2025, shall be administered the following oath:
'I, (name of person taking oath), hereby swear or affirm that I will faithfully, fairly,
and without malice or partiality uphold the laws of the State of Georgia, as well as
any ordinances which I am authorized to enforce, to the best of my ability and support
and defend the Constitution of the United States and the Constitution of Georgia. So
help me God.'
(c) A peace officer may take his or her oath before the chief executive officer of the
agency or any authorized judicial official, and such oath may be filed in and entered in the
records of that agency.
(d) An agency may administer additional oaths that contain provisions not specifically
prescribed and enumerated in this Code section; provided, however, that such oaths, and
any language in addition to the language set forth in this Code section, shall be deemed
aspirational only and of no legal effect in any civil or criminal proceeding.
(e) Sheriffs and their sworn deputies taking their oath of office on or after July 1, 2025,
shall take the oath set forth in Code Section 15-16-4; provided, however, that any language
in such oath in addition to the language set forth in such Code section shall be deemed
aspirational only and of no legal effect in any civil or criminal proceeding."
</ins>
SECTION 10.
All laws and parts of laws in conflict with this Act are repealed.