HB 821: Criminal procedure; include aggravated assault as a bailable offense only before a superior court judge

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.

• 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.

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.

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.

• 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.

1. 2026-02-26House Committee Favorably Reported By Substitute (House)
2. 2025-03-27House Second Readers (House)
3. 2025-03-25House First Readers (House)
4. 2025-03-21House Hopper (House)

• Matthew Gambill (R, HD-015)Primary sponsor
• Mitchell Scoggins (R, HD-014)
• Eddie Lumsden (R, HD-012)
• Bill Hitchens (R, HD-161)
• Devan Seabaugh (R, HD-034)
• Carmen Rice (R, HD-139)

• bail and bond law
• aggravated assault
• public safety officers
• criminal procedure