SB 204: Criminal Procedure; offenses that are not serious violent felonies, sexual felonies, or other certain offenses to be charged by accusation of the district attorney; allow

Currently, Georgia law lets district attorneys charge only a specific list of felonies (like theft, forgery, escape, drug crimes, and felon-in-possession of a firearm) by accusation rather than grand jury indictment, once a defendant has had or waived a commitment hearing. This bill flips that approach: it allows accusations for any felony except serious violent felonies, sex offenses, and gun, gang, or racketeering related crimes (O.C.G.A. §§ 16-11-173, 16-14-4, 16-15-4). It also adds being released on bond pending a commitment hearing as a new qualifying condition. Separately, the bill rewrites Georgia's firearms preemption law (O.C.G.A. § 16-11-173), which blocks local governments from regulating guns. It adds definitions for 'weapon' and 'lawful weapons carrier,' extends the state's exclusive control to firearm storage rules, and replaces the old lawsuit provision with a new one letting a 'lawful weapons carrier' sue a public entity or officer for violating the preemption law, seeking either injunctive relief or damages of at least $25,000 or triple litigation costs, within one year of the violation. The bill was passed by the General Assembly but vetoed by the Governor.

• Expands district attorneys' power to charge felony cases by accusation (skipping grand jury indictment) to nearly all felonies except serious violent felonies, sex offenses, and gun or gang related crimes.
• Adds being released on bond pending a commitment hearing as a new way a defendant can qualify for accusation-based charging.
• Adds a legal definition of 'weapon' and 'lawful weapons carrier' to Georgia's firearms preemption law (O.C.G.A. § 16-11-173).
• Extends the state's exclusive control over firearms regulation to include storage rules, blocking local governments from regulating how guns are stored.
• Replaces the old lawsuit remedy against gun-law violators with a narrower one limited to 'lawful weapons carriers' suing public entities or officers, raising minimum damages from $100 to $25,000 and adding a one-year filing deadline.

District attorneys and criminal defendants facing felony charges statewide, local governments and law enforcement agencies subject to Georgia's firearms preemption law, gun owners and carriers who might sue over local gun rules, and county and municipal officials who regulate firearm possession or storage by their employees.

Prosecutors could move many more felony cases forward without waiting for a grand jury, potentially speeding up cases but reducing the number screened by citizen grand juries first. Meanwhile, cities and counties would lose any ability to regulate gun storage, and lawsuits over violations of the state's gun preemption law would become harder to bring but more costly if they succeed.

• Section 1 adds definitions of 'lawful weapons carrier' and 'weapon' to the firearms preemption statute (O.C.G.A. § 16-11-173) and expands the preemption to cover firearm storage rules, not just possession, transport, sale, and licensing.
• Section 1 replaces the old right to sue over preemption violations (available to anyone aggrieved, minimum $100 damages) with a new right limited to 'lawful weapons carriers,' allowing mandamus actions against public entities or officers or civil suits for actual damages, a minimum of $25,000, or triple litigation costs.
• Section 1 sets a one-year statute of limitations for lawsuits over violations of the firearms preemption law, filed in the superior court where the violation occurred.
• Section 2 removes the old list of specific felonies (theft, forgery, drug crimes, escape, felon in possession, etc.) eligible for charging by accusation and instead allows accusation-based charging for any felony except serious violent felonies, sexual felonies, and violations of the gun preemption, street gang, or racketeering statutes.
• Section 2 adds a new qualifying condition: a defendant released on bond pending a commitment hearing can also be charged by accusation, in addition to those bound over or who waived the hearing.

1. 2026-05-12Veto V10
2. 2026-05-12Senate Date Vetoed by Governor (Senate)
3. 2026-04-10Senate Sent to Governor (Senate)
4. 2026-01-13Senate Agreed House Amend or Sub (Senate)
5. 2025-04-04House Passed/Adopted By Substitute (House)
6. 2025-04-04House Third Readers (House)
7. 2025-04-04House Third Readers (House)
8. 2025-03-31House Withdrawn, Recommitted (House)

• Colton Moore (R, SD-053)Primary sponsor
• Michael Rhett (D, SD-033)
• Elena Parent (D, SD-044)
• Donzella James (D, SD-028)
• Sheikh Rahman (D, SD-005)
• Alan Powell (R, HD-033)

1. PassedSenate voteMarch 6, 2025

   51 yea, 4 nay (0 not voting, 1 absent)

   Passage: Senate Vote #211

2. FailedHouse voteApril 4, 2025

   75 yea, 95 nay (4 not voting, 6 absent)

   Table: House Vote #428

3. PassedHouse voteApril 4, 2025

   99 yea, 74 nay (2 not voting, 5 absent)

   Passage: House Vote #429

4. PassedSenate voteJanuary 13, 2026

   32 yea, 21 nay (0 not voting, 2 absent)

   Agree To House Substitute: Senate Vote #494

5. PassedSenate voteJanuary 13, 2026

   31 yea, 21 nay (1 not voting, 2 absent)

   Motion To Immediately Transmit To Governor: Senate Vote #495

• gun laws
• criminal procedure
• grand jury indictment
• local gun regulation
• district attorneys