SB 572: Criminal Prosecutions; an additional justification for use of force in defense of self or others; provide

Georgia law already lets people use force, including deadly force, to defend themselves or others when they reasonably believe it is necessary. This bill changes several parts of that law. It adds a presumption that any such use of force is reasonable and justified, though prosecutors could still rebut that presumption with evidence. It also adds a new exception: the self-defense justification would not apply if someone used or threatened force against a properly identified law enforcement officer performing official duties in a public place, or if the person knew or should have known the target was an officer. The bill also changes how people claim they are immune from criminal prosecution for justified force. It lets police investigate using normal procedures but bars arrest unless there is probable cause the force was unlawful, lets a defendant raise immunity at arraignment or through a pretrial motion, and says such a claim can only be overcome by clear and convincing evidence, a higher standard than usual. Separately, it extends existing civil lawsuit immunity to the legal representatives and heirs of the person against whom justified force was used. The changes would take effect once the Governor signs the bill or it otherwise becomes law.

• Adds a presumption in Georgia's self-defense law (O.C.G.A. § 16-3-21) that a person's use of force in self-defense is reasonable, necessary, and justified, though this can be rebutted with evidence.
• Creates a new exception denying the self-defense justification when force is used against a properly identified on-duty law enforcement officer in a public place, or when the person knew or should have known the target was an officer.
• Allows police to investigate a claimed self-defense incident under standard procedures but bars arrest unless there is probable cause the force used was unlawful.
• Lets a person accused of a crime raise a claim of immunity from prosecution at arraignment or through a pretrial motion, and requires prosecutors to overcome that claim with clear and convincing evidence.
• Extends existing civil lawsuit immunity for justified use of force (O.C.G.A. § 51-11-9) to cover the legal representatives and heirs of the person against whom the force was used, not just that person.

People who use or claim self-defense in Georgia, criminal defendants raising immunity claims, prosecutors, law enforcement officers involved in confrontations, police agencies investigating self-defense incidents, and the legal representatives and heirs of people injured or killed in justified self-defense cases.

The bill would make it harder for prosecutors to overcome a self-defense claim, require a higher standard of proof to defeat immunity claims, limit when police can arrest someone claiming self-defense, add a carve-out for confrontations with identified officers, and shield more people from civil lawsuits over justified force.

• Section 1 revises O.C.G.A. § 16-3-21 to add a rebuttable presumption that force used in self-defense is reasonable and justified.
• Section 1 adds a new disqualifying circumstance (subsection (b)(4)): the justification does not apply to force used against a properly identified officer performing official duties in a public place, or where the person knew or should have known the target was an officer.
• Section 2 revises O.C.G.A. § 16-3-24.2 to add subsection (b), letting police investigate justified-force incidents but barring arrest without probable cause that the force was unlawful.
• Section 2 adds subsection (c), allowing immunity claims to be raised at arraignment or in a pretrial motion, requiring clear and convincing evidence to overcome a prima facie claim.
• Section 3 amends O.C.G.A. § 51-11-9 to extend civil immunity for justified use of force to the legal representatives and heirs of the person against whom force was used.
• Section 4 sets the effective date as the date the Governor signs the bill or it otherwise becomes law without signature.

1. 2026-03-27House Committee Favorably Reported (House)
2. 2026-03-10House Second Readers (House)
3. 2026-03-09House First Readers (House)
4. 2026-03-06Senate Passed/Adopted (Senate)
5. 2026-03-06Senate Third Read (Senate)
6. 2026-03-04Senate Read Second Time (Senate)
7. 2026-03-03Senate Committee Favorably Reported (Senate)
8. 2026-02-25Senate Read and Referred (Senate)

• Brian Strickland (R, SD-042)Primary sponsor
• Jason Anavitarte (R, SD-031)
• Randy Robertson (R, SD-029)
• Steven McNeel (R, SD-018)
• Bo Hatchett (R, SD-050)
• Blake Tillery (R, SD-019)
• David Clark (R, HD-100)

1. PassedSenate voteMarch 6, 2026

   30 yea, 23 nay (2 not voting, 0 absent)

   Passage: Senate Vote #651

• self-defense law
• gun rights
• criminal immunity
• use of force
• civil lawsuits