HB1322: HB1322 Crimes and offenses; riot; repeal misdemeanor penalty and provide for a felony penalty

Under current Georgia law (O.C.G.A. § 16-11-30), riot, defined as two or more people committing an unlawful act of violence or acting in a violent and tumultuous manner, is punished as a misdemeanor. House Bill 1322 would remove that misdemeanor penalty and reclassify riot as a felony, carrying a prison sentence of not less than one year and not more than 20 years. The bill also changes Georgia's bail law (O.C.G.A. § 17-6-1), which lists certain serious offenses and the procedures and bail schedules that apply to them. It adds riot as a new category on that list, alongside existing entries such as violations of O.C.G.A. § 16-5-46 and Chapter 15 of Title 16. The bill repeals any conflicting laws but does not state a specific effective date beyond the standard process for a signed act.

• Repeals the current misdemeanor penalty for riot under O.C.G.A. § 16-11-30 and replaces it with a felony penalty.
• Sets the new felony punishment for riot at imprisonment of not less than one year and not more than 20 years.
• Keeps the underlying definition of riot the same: two or more people committing an unlawful act of violence or acting in a violent and tumultuous manner.
• Adds riot as a new listed offense under Georgia's bail statute (O.C.G.A. § 17-6-1), which governs which offenses are bailable and how bail is set.
• Repeals any other Georgia laws that conflict with these changes.

Anyone charged with participating in a riot in Georgia, since the offense would now carry felony consequences instead of misdemeanor ones. It also affects judges, prosecutors, and jailers who handle bail decisions, since riot would be added to the specific list of offenses covered by Georgia's bail statute.

Reclassifying riot as a felony means people convicted could face up to 20 years in prison instead of the shorter jail time and lighter record typically tied to a misdemeanor. Felony convictions can also affect voting rights, gun ownership, and job prospects long after a sentence ends.

• Section 1 amends O.C.G.A. § 16-11-30 to strike the word 'misdemeanor' and replace it with 'felony' as the classification for riot.
• Section 1 sets the punishment range for riot at imprisonment of one to 20 years upon conviction.
• Section 2 amends O.C.G.A. § 17-6-1 by adding a new paragraph (15) naming 'Riot' as a listed offense subject to that section's bail procedures.
• Section 3 repeals any existing Georgia laws that conflict with these changes.

1. 2026-03-06House Committee Favorably Reported (House)
2. 2026-02-19House Second Readers (House)
3. 2026-02-18House First Readers (House)
4. 2026-02-17House Hopper (House)

• Mike Cheokas (R, HD-151)Primary sponsor
• Clint Crowe (R, HD-118)
• Eddie Lumsden (R, HD-012)
• Buddy DeLoach (R, HD-167)
• Charles Cannon (R, HD-172)
• Deborah Silcox (R, HD-053)

• criminal penalties
• riot law
• bail procedures
• felony reclassification