Senate · Engrossed · 2025-2026 Regular Session
SB 572: Criminal Prosecutions; an additional justification for use of force in defense of self or others; provide
Last action March 27, 2026 · House Committee Favorably Reported
A Georgia Senate bill would add a rebuttable presumption that self-defense force is justified, set new rules for claiming immunity from prosecution, and extend civil immunity to the heirs of someone hurt in a justified self-defense case.
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 Engrossed version, the latest the General Assembly's website lists.
In plain language
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.
What the bill does
- 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.
Who it affects
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.
Why it matters
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.
Key provisions
- 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.
From the bill
“Any such use of force is presumed to be reasonable and necessary for defense and justified pursuant to this Code section, but such presumption may be rebutted.”
“When a prima-facie claim of immunity has been raised, such claim shall only be overcome by clear and convincing evidence.”
“such agency shall not arrest a person for using or threatening to use force unless a probable cause determination has been made that such force used or threatened was unlawful”
Discussed in meetings (12)
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.
Senate Judiciary Committee, February 26, 2026
From 0:40:12 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: The sponsor said the bill would clarify when defendants may seek pretrial self-defense immunity and require the state to disprove immunity by clear and convincing evidence after defendants present an initial case. The sponsor also described limits involving officers performing duties and protection against civil claims by heirs or representatives. Georgia Gun Owners and two other witnesses supported earlier protection from prosecution and legal costs. One supporter requested a hearing deadline. Two district attorneys supported deadlines but opposed the burden shift, warning of duplicative trials and unclear initial evidence requirements. The DeKalb County district attorney reported waiting 365 days for two rulings and warned that arrest restrictions could harm public safety. Asked about exclusions for aggressors, that district attorney said identifying the aggressor requires factual investigation. The second district attorney questioned the clear-and-convincing standard. Georgia Association of Criminal Defense Lawyers witnesses warned that officer-related language could remove the right to resist unlawful arrest and proposed wording changes, including protection for residences in hotels. A Georgia Majority for Gun Safety witness favored a 90-day deadline instead, citing 21 GBI-recorded justifiable defensive homicides during 2003-2012; asked for newer data, the witness had none. The sponsor said defendants must first present evidence and that no additional probable-cause hearing was intended. The sponsor requested passage unchanged while continuing discussions. The committee approved the bill 7-2.
Senate Rules Committee, March 5, 2026
From 0:22:20 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: The sponsor said SB 572 would create a new pretrial process for raising self-defense immunity claims in criminal cases. No substantive questions followed. The committee unanimously included the bill in the floor-calendar package.
Senate floor session, March 6, 2026 (legislative day 28, part 1)
From 3:27:21 · Watch on the General Assembly's Vimeo channel · Confirmed by the bill's status history (Senate Third Read)
Summary by Georgia Commons: The sponsor said SB 572 would allow defendants to raise self-defense immunity as early as arraignment, before lengthy confinement or substantial legal expenses. The sponsor said immunity would not apply against properly identified law enforcement officers performing official duties. The clerk also described extending protection from civil claims brought by representatives or heirs of the person against whom force was used. In the minority report, a member argued that a presumption favoring the defendant would make prosecutions harder, especially in gang shootings, and create additional hearings and delays. That member said existing self-defense law already protected justified conduct. During voting, another member argued that the bill could have hindered prosecution in the Ahmaud Arbery case. The sponsor responded that the defendants in that case had raised self-defense and were nevertheless convicted beyond a reasonable doubt. The Senate passed the bill, 30 to 23.
House Judiciary Non-Civil Committee, March 17, 2026
From 0:13:42 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: The sponsor said SB 572 would let defendants present initial evidence of self-defense at arraignment or before trial, then require prosecutors to disprove immunity with clear and convincing evidence. The sponsor said officers would consider immunity when deciding whether an arrest is justified, without holding an on-scene hearing. The sponsor also described limits involving force against officers and an extension of civil protections to claims by heirs or legal representatives. A committee member questioned whether hearing deadlines could address delays without shifting the burden of proof. A Georgia Sheriffs’ Association witness warned of more self-defense claims, early disclosure of prosecution evidence, and uncertainty about warrantless arrests. A supporting witness cited 326,000 supportive emails, while a criminal-defense paralegal argued earlier decisions could reduce detention and legal costs. Student witnesses warned of gun violence and racial disparities. The West Georgia and DeKalb district attorneys said defendants already receive pretrial immunity hearings under a more-likely-than-not standard. They supported deadlines but opposed the burden shift, citing added work and demands on victims. The sponsor disputed claims that the bill would have prevented accountability in a prominent killing case and offered to clarify arrest language. No amendment or vote occurred because the committee lacked a quorum.
House Judiciary Non-Civil Committee, March 26, 2026
From 0:31:55 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: The sponsor said the bill would allow self-defense immunity proceedings as early as arraignment. After an initial showing by the accused, prosecutors would have to disprove immunity by clear and convincing evidence. The sponsor said officers would consider self-defense when deciding whether an arrest is justified, without losing arrest authority, and described an exclusion involving officers performing official duties. A DeKalb district attorney’s office witness warned that unclear standards could impede arrests and overwhelm courts, recommending hearing deadlines instead. Asked about the Georgia Sheriffs’ Association’s position, that witness did not know. A Georgia Majority for Gun Safety witness reported the association’s opposition and cited studies associating stand-your-ground laws with 7 to 11 percent higher monthly firearm homicide rates, and Florida’s expansion with increases of 24 to 45 percent. A criminal-defense paralegal supported placing the burden on prosecutors and requested application to pending cases. Another supporter stressed that the bill also covers nonfirearm altercations. A further supporter praised procedural clarity and described civil protections extending to claims by representatives or heirs. No amendments were offered. The committee approved the bill after a show-of-hands vote, with the chair voting yes; a complete tally was not stated.
House Rules Committee, March 31, 2026
From 1:12:18 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: The sponsor said SB 572 would provide earlier pretrial hearings on self-defense claims and shift the burden to the state once a defendant presents initial supporting evidence. The sponsor said the state would then have to disprove the claim by clear and convincing evidence. A member questioned effects on force used against law enforcement, language presuming force reasonable, and whether more immunity hearings would clog courts. The sponsor said the proposal would not change the underlying self-defense rules, but would change hearing procedures and burdens of proof. The sponsor said hearings already occur, timing varies by court circuit, and setting a schedule as early as arraignment could improve efficiency. No decision was recorded.
- Read aloud: Senate floor session, February 25, 2026 (legislative day 24), 0:29:14
- Read aloud: Senate floor session, March 3, 2026 (legislative day 26), 0:33:29
- Read aloud: Senate floor session, March 4, 2026 (legislative day 27), 0:50:41
- Read aloud: House floor session, March 9, 2026 (legislative day 29), 1:01:34
- Read aloud: House floor session, March 10, 2026 (legislative day 30), 0:46:32
- Read aloud: House floor session, March 27, 2026 (legislative day 38, part 1), 0:38:07
Status timeline
- House Committee Favorably Reported (House)
- House Second Readers (House)
- House First Readers (House)
- Senate Passed/Adopted (Senate)
- Senate Third Read (Senate)
- Senate Read Second Time (Senate)
- Senate Committee Favorably Reported (Senate)
- Senate Read and Referred (Senate)
Show full history (9 actions)
- Senate Hopper (Senate)
Sponsors
- Brian Strickland (R, SD-42)
- Jason Anavitarte (R, SD-31)
- Randy Robertson (R, SD-29)
- Steven McNeel (R, SD-18)
- Bo Hatchett (R, SD-50)
- Blake Tillery (R, SD-19)
- David Clark (R, HD-100)
Votes
- Senate voteMarch 6, 2026
30 yea, 23 nay (2 not voting, 0 excused)
Topics
- self-defense law
- gun rights
- criminal immunity
- use of force
- civil lawsuits