Key Takeaways
- Georgia Senate passed SB572 to strengthen legal protections for self-defense use of force.
- The bill introduces a presumption that defensive force is reasonable under specific legal conditions.
- SB572 maintains existing limits on self-defense claims and expands protections against civil lawsuits.
- The legislation allows evidence of abuse in self-defense cases and clarifies immunity from criminal prosecution.
- Next, SB572 will move to the Georgia House; if passed, it will become law.
Estimated reading time: 5 minutes
ATLANTA, GA – The Georgia Senate has passed legislation that would strengthen legal protections for people who use force in defense of themselves or others.
Senate Bill 572 passed the Georgia Senate on March 6 by a vote of 30 to 23. The measure has now moved to the Georgia House of Representatives. It received its first and second readings on March 9 and March 10 and is currently pending before the House Judiciary Non-Civil Committee.
The bill was sponsored by Senators Brian Strickland, Jason Anavitarte, Randy Robertson, Steven McNeel, Bo Hatchett, and Blake Tillery. The legislation proposes several changes to Georgia law related to justification defenses, immunity from prosecution, and civil liability following a defensive use of force.
Below is a breakdown of the major provisions included in the bill.
Presumption That Defensive Force Is Reasonable
The bill updates Georgia Code Section 16-3-21, which governs the use of force in defense of self or others.
Under the legislation, a person is justified in threatening or using force when they reasonably believe it is necessary to defend themselves or a third person from the imminent use of unlawful force.
The bill also states that the use of force intended or likely to cause death or great bodily harm is justified if the person reasonably believes it is necessary to prevent death, serious bodily injury, or the commission of a forcible felony.
SB572 adds language stating that such defensive force is presumed to be reasonable and necessary when the legal conditions are met. This presumption can still be challenged in court.
Situations Where Self-Defense Does Not Apply
The bill keeps several existing limits on when force is justified.
A person cannot claim justification if they provoked the encounter with the intent to harm someone. The defense also does not apply if the person was committing or fleeing from a felony.
Self-defense is also not justified if the person was the aggressor in a mutually agreed fight unless they clearly withdrew from the encounter and the other person continued the threat.
The law also does not apply when force is used against a law enforcement officer who is performing official duties and has properly identified themselves.
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Evidence Allowed in Abuse-Related Self-Defense Cases
The legislation also addresses cases involving family violence, dating violence, or child abuse.
If a defendant raises a justification defense, they may present evidence showing they were previously subjected to abuse by the alleged victim.
Examples of relevant evidence listed in the bill include law enforcement reports, medical treatment records, requests for assistance from counselors or domestic violence programs, protective orders, and expert testimony about the effects of abuse.
This evidence may be used to help establish that the defendant reasonably believed the use of force was immediately necessary.
Immunity From Criminal Prosecution
Georgia law already provides immunity from prosecution for people who use force in accordance with justification laws.
SB572 clarifies that a person who uses force in accordance with those statutes is immune from criminal prosecution.
However, the bill states that this immunity does not apply if the person used a weapon that they were not legally allowed to possess.
The legislation also explains when and how a defendant may raise an immunity claim.
A claim of immunity may be raised at arraignment or through a pretrial motion. If the defendant presents a prima facie claim of immunity, it may only be overcome by clear and convincing evidence.
Expanded Protection From Civil Lawsuits
The bill also amends Georgia law regarding civil liability following a justified defensive use of force.
Current law protects a justified defender from civil liability brought by the person against whom force was used.
SB572 expands that protection so that legal representatives, heirs, or accomplices connected to that person cannot bring civil lawsuits related to the defensive incident.
No Duty to Retreat
Georgia law states that a person who is justified in using defensive force has no duty to retreat.
The bill maintains this principle while clarifying the scope of immunity from civil lawsuits that may arise after a justified use of force.
What Happens Next
SB572 will now be considered by the Georgia House of Representatives. If the legislation passes the House and is signed by the governor, it will become law.
The ability to defend oneself or others against unlawful violence is a long recognized right in American law. The Second Amendment affirms that the right to keep and bear arms is a fundamental civil right, and laws that clarify protections for lawful defenders help ensure that those rights can be exercised when faced with an immediate threat.
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