HB1226: HB1226 Crimes; justification for use of force in defense of self or others; revise standards

Georgia law already lets people use force, including deadly force, to defend themselves or others when they reasonably believe it is necessary (O.C.G.A. § 16-3-21). This bill would add a new rebuttable presumption that any such use of force is reasonable and necessary and therefore justified, though prosecutors could still try to rebut that presumption with evidence. The bill also adds a new exception: force against a law enforcement officer who has properly identified themselves, or whom the person knew or should have known was an officer, is not justified if it happens somewhere accessible to the public. It changes the standard for immunity from prosecution claims (O.C.G.A. § 16-3-24.2), letting a defendant raise immunity at arraignment or in a pretrial motion, and requiring the state to overcome a prima facie immunity claim with clear and convincing evidence. Finally, it extends civil 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 force was used. The changes would take effect as soon as the Governor signs the bill or it becomes law without a signature.

• Adds a rebuttable presumption that any use of force meeting the bill's self-defense standard is reasonable and necessary, though prosecutors can still challenge it with evidence.
• Creates a new rule that using or threatening force against a properly identified law enforcement officer in a public place is not justified self-defense.
• Sets a clear and convincing evidence standard the state must meet to defeat a defendant's pretrial claim of immunity from prosecution for justified use of force.
• Allows a defendant to raise an immunity claim either at arraignment or through a pretrial motion, giving an explicit procedural timeline.
• Extends existing civil immunity for justified use of force so that legal representatives and heirs of the person against whom force was used also cannot sue.

The bill affects anyone who claims self-defense in a Georgia criminal case, prosecutors handling those cases, judges ruling on immunity motions, law enforcement officers involved in encounters where force is used against them, and the families or estates of people against whom force was used in civil lawsuits.

By presuming self-defense claims are reasonable and raising the state's burden to clear and convincing evidence, the bill would make it harder to prosecute or sue someone who claims justified use of force, while also carving out a specific rule protecting properly identified police officers from being treated as fair targets of self-defense claims.

• Section 1 revises O.C.G.A. § 16-3-21 to state that use of force meeting the justification standard is presumed reasonable and necessary, though the presumption may be rebutted.
• Section 1 adds a new subsection (b)(4) making force against a law enforcement officer unjustified if the officer properly identified themselves or the person knew or should have known they were an officer, and the encounter occurred in a public location.
• Section 2 revises O.C.G.A. § 16-3-24.2 to allow immunity claims at arraignment or by pretrial motion and requires clear and convincing evidence to overcome a prima facie immunity claim.
• Section 3 amends O.C.G.A. § 51-11-9 to extend the existing no-duty-to-retreat civil immunity to cover legal representatives and heirs of the person against whom force was used.
• Section 4 makes the Act effective immediately upon the Governor's signature or upon becoming law without signature.
• Section 5 repeals any conflicting laws.

1. 2026-02-26House Committee Favorably Reported By Substitute (House)
2. 2026-02-19House Withdrawn, Recommitted (House)
3. 2026-02-18House Committee Favorably Reported (House)
4. 2026-02-09House Second Readers (House)
5. 2026-02-06House First Readers (House)
6. 2026-02-05House Hopper (House)

• David Clark (R, HD-100)Primary sponsor
• Tyler Smith (R, HD-018)
• Jordan Ridley (R, HD-022)
• Alan Powell (R, HD-033)
• Josh Bonner (R, HD-073)
• Karen Mathiak (R, HD-082)

• self-defense law
• stand your ground
• use of force
• criminal justice
• gun and defense rights