Georgia CommonsHouse · Introduced · 2025-2026 Regular Session
HB 821: Criminal procedure; include aggravated assault as a bailable offense only before a superior court judge
Last action February 26, 2026 · House Committee Favorably Reported By Substitute
A Georgia House bill would add aggravated assault on a public safety officer to the list of crimes that can only be bailed out through a superior court judge, not a magistrate or other lower court.
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 Comm Sub version, the latest the General Assembly's website lists.
In plain language
Georgia law lists certain serious offenses, such as violations of the state's street gang law and certain other crimes, that a person can only be released on bail for if a superior court judge approves it, rather than a magistrate or other judge. This bill adds one more offense to that list: aggravated assault committed against a public safety officer while that officer is doing their job or because of their job. The bill amends O.C.G.A. § 17-6-1(a) by adding a new paragraph (15) naming this offense and adjusting the punctuation of the two existing paragraphs it follows. No new criminal penalty or definition is created; the change only affects which judge must approve bail for this specific charge. The bill has no separate effective date section beyond the standard repeal of conflicting laws.
What the bill does
- Adds aggravated assault on a public safety officer, committed during or because of the officer's official duties, to the list of offenses bailable only before a superior court judge.
- Amends O.C.G.A. § 17-6-1(a) by revising paragraphs (13) and (14) and inserting a new paragraph (14) or (15) to fit the addition.
- Leaves the existing bailable-offense restrictions for violations of Code Section 16-5-46 and Chapter 15 of Title 16 in place without changing their substance.
- Repeals any other Georgia laws that conflict with this change.
Who it affects
People charged with aggravated assault against a public safety officer, since their bail decision would require a superior court judge; magistrate and other lower-court judges, who would no longer be able to grant bail for this charge; and police, corrections, and other public safety officers named as protected victims under the provision.
Why it matters
For someone charged with this specific assault, the change could mean waiting longer for a bail hearing since only superior court judges, who typically have busier calendars than magistrates, could set bail. It does not change the underlying crime or its punishment, only who decides on release before trial.
Key provisions
- Section 1 amends O.C.G.A. § 17-6-1(a) by revising paragraphs (13) and (14), which list offenses requiring superior court judge approval for bail.
- Section 1 adds new paragraph (15), naming 'aggravated assault upon a public safety officer while he or she is engaged in, or on account of the performance of, his or her official duties' as a superior-court-only bail offense.
- Section 2 repeals any conflicting laws, a standard closing provision with no substantive effect beyond the change in Section 1.
From the bill
“Aggravated assault upon a public safety officer while he or she is engaged in, or on account of the performance of, his or her official duties.”
Discussed in meetings (2)
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.
House Judiciary Non-Civil Committee, February 25, 2026
From 1:13:15 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: The sponsor said the substitute would require a superior court judge, rather than a magistrate, to decide bail when someone fires at a public safety officer performing official duties. The sponsor described a local incident in which someone fired repeatedly at an officer, missed and obtained bail through magistrate court. A Georgia Fraternal Order of Police witness urged broader coverage, arguing that pointing a gun or attacking an officer with a knife also warranted superior court review. That witness cited 347 officers shot nationwide in 2025 and said Georgia ranked third. A Georgia Association of Criminal Defense Lawyers witness said the firearm-discharge wording matched the existing aggravated-assault statute. A prosecuting attorneys' representative supported wording covering aggravated assault against an officer performing official duties. When the bill returned for a vote, one member offered an amendment deleting the firearm-discharge limitation. The vice chair opposed that change, saying the narrower wording reflected the sponsor's stated intent and existing law. Two other members supported covering aggravated assault more broadly, including knife attacks. The committee adopted the amendment and passed the substitute as amended, sending it to Rules. No numerical vote totals were announced.
House Rules Committee, March 2, 2026
From 0:51:34 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: The sponsor said HB 821 would require a superior court, rather than a magistrate court, to decide bond in cases involving gunfire directed at a police officer without hitting the officer. The sponsor cited a Cartersville incident in which an accused person received bond in magistrate court and said superior court would be a more appropriate venue. No questions or decision followed.
Status timeline
- House Committee Favorably Reported By Substitute (House)
- House Second Readers (House)
- House First Readers (House)
- House Hopper (House)
Sponsors
- Matthew Gambill (R, HD-15)
- Mitchell Scoggins (R, HD-14)
- Eddie Lumsden (R, HD-12)
- Bill Hitchens (R, HD-161)
- Devan Seabaugh (R, HD-34)
- Carmen Rice (R, HD-139)
Topics
- bail and bond law
- aggravated assault
- public safety officers
- criminal procedure