HB 464: Crimes and offenses; immunity for a prospective offender while seeking assistance from law enforcement as a victim of certain offenses; provide

Currently, a crime victim who calls police for help can sometimes end up facing charges themselves if that call turns up evidence of their own wrongdoing, which can discourage victims from seeking assistance. This bill adds a new section to Georgia's justification and excuse laws (O.C.G.A. Title 16, Chapter 3) to address that problem. The bill grants limited immunity to victims of aggravated assault (as long as they are not the 'predominant aggressor'), aggravated battery, female genital mutilation, kidnapping, rape, aggravated sodomy, and aggravated sexual battery. If such a victim seeks law enforcement help in good faith and evidence for a criminal charge against them comes solely from that request for help, they cannot be arrested, charged, or prosecuted for it. The immunity also covers violations of protective orders and certain probation, parole, or pretrial release conditions tied to drug violations, as long as they stem from seeking that help. The protection does not apply to someone who was an accomplice to the crime they are reporting.

• Creates a new Georgia Code section (16-3-22.2) granting limited immunity from arrest, charge, or prosecution to victims of certain violent crimes who seek police help.
• Covers victims of aggravated assault, aggravated battery, female genital mutilation, kidnapping, rape, aggravated sodomy, and aggravated sexual battery.
• Excludes immunity if the person seeking help was an accomplice to the crime they are reporting.
• Extends the same protection to violations of protective orders and to drug-related probation, parole, or pretrial release conditions if tied to the request for help.
• Defines 'predominant aggressor' as the person posing the most serious ongoing threat, who is not necessarily the one who started a specific incident.

Victims of aggravated assault, aggravated battery, female genital mutilation, kidnapping, rape, aggravated sodomy, and aggravated sexual battery who contact police; law enforcement officers responding to these calls; and prosecutors deciding whether to bring charges against people who sought help.

Victims who fear being arrested themselves, for example due to an outstanding warrant or a probation violation, may hesitate to call police after surviving a violent crime. This bill would remove that risk in specific cases, potentially making victims more willing to report crimes and seek help.

• Section 1 adds new Code Section 16-3-22.2 defining 'predominant aggressor' as the person posing the most serious ongoing threat in an incident.
• Subsection (b) lists the seven specific crimes covered: aggravated assault, aggravated battery, female genital mutilation, kidnapping, rape, aggravated sodomy, and aggravated sexual battery.
• Subsection (c) bars arrest, charge, or prosecution of a victim if evidence resulted solely from that person seeking law enforcement assistance in good faith.
• Subsection (c) also shields such a person from penalties for violating a protective or restraining order, or from probation, parole, or pretrial release sanctions tied to a drug violation, if related to seeking help.
• Section 2 repeals any conflicting laws.

1. 2025-04-04House Withdrawn, Recommitted (Cámara de Representantes)
2. 2025-03-06House Committee Favorably Reported By Substitute (Cámara de Representantes)
3. 2025-02-19House Second Readers (Cámara de Representantes)
4. 2025-02-18House First Readers (Cámara de Representantes)
5. 2025-02-13House Hopper (Cámara de Representantes)

• Eric Bell (D, HD-075)Patrocinador principal
• Noelle Kahaian (R, HD-081)
• Bryce Berry (D, HD-056)
• Charlice Byrd (R, HD-020)
• Gabriel Sanchez (D, HD-042)

• crime victim protections
• criminal immunity
• domestic violence law
• sexual assault law
• law enforcement policy