---
title: HB 821. Criminal procedure; include aggravated assault as a bailable offense only before a superior court judge
collection: bills
id: 2025-2026/hb821
cite_as: HB 821, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/hb821
md_url: https://georgiacommons.org/bills/2025-2026/hb821.md
text_url: https://georgiacommons.org/bills/2025-2026/hb821/text
source_url: https://www.legis.ga.gov/legislation/71568
date: 2026-02-26
status: introduced
corpus_version: bills-2026-09-13
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/hb820.md
next: https://georgiacommons.org/bills/2025-2026/hb822.md
index: https://georgiacommons.org/bills/index.md
omitted: votes and history
omitted_chars: 199
omitted_url: https://georgiacommons.org/bills/2025-2026/hb821.md?full=1
bill_number: HB 821
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: House
bill_type: bill
status_date: 2025-03-21
last_action: House Committee Favorably Reported By Substitute
sponsors:
- Matthew Gambill
- Mitchell Scoggins
- Eddie Lumsden
- Bill Hitchens
- Devan Seabaugh
- Carmen Rice
text_version: Comm Sub
has_text: true
legiscan_url: https://legiscan.com/GA/bill/HB821/2025
upstream_id: 2012800
summaries_model: claude-sonnet-5
topic_tags:
- bail and bond law
- aggravated assault
- public safety officers
- criminal procedure
---
# HB 821. Criminal procedure; include aggravated assault as a bailable offense only before a superior court judge
## Text
The House Committee on Judiciary, Non Civil offers the following substitute to HB 821:
A BILL TO BE ENTITLED
AN ACT
To amend Article 1 of Chapter 6 of Title 17 of the Official Code of Georgia Annotated,
relating to general provisions relative to bonds and recognizances, so as to include
aggravated assault as a bailable offense only before a superior court judge; to provide for
related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 1 of Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to
general provisions relative to bonds and recognizances, is amended in subsection (a) of Code
Section 17-6-1, relating to when offenses bailable, procedure, schedule of bails, and appeal
bonds, by revising paragraphs (13) and (14) and by adding a new paragraph to read as
follows:
"(13) Violating Code Section 16-5-46; and
(14) Violations of Chapter 15 of Title 16; and
(15) 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."
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.
## 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 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.
### Plain-language summary
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 it 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.
## Status
- Status: Introduced (2025-03-21)
- Last action: House Committee Favorably Reported By Substitute (2026-02-26)
- Sponsors: Matthew Gambill, Mitchell Scoggins, Eddie Lumsden, Bill Hitchens, Devan Seabaugh, Carmen Rice
- Official page: https://www.legis.ga.gov/legislation/71568
> The history, votes, and amendments (199 characters) are at https://georgiacommons.org/bills/2025-2026/hb821.md?full=1