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GeorgiaHB 2882025-2026 Regular SessionHouse

Appeal and error; declaratory judgments in instances involving accusations made by a prosecuting attorney regarding credibility of a peace officer; provide

Sponsored By: Rob Clifton (Republican), Clint Crowe (Republican), Houston Gaines (Republican), Stan Gunter (Republican), Eddie Lumsden (Republican), Matt Reeves (Republican)

Signed by Governor

Public Safety and Homeland SecurityJudiciaryGeneral Bill

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Bill Overview

Analyzed Economic Effects

6 provisions identified: 3 benefits, 2 costs, 1 mixed.

Defendants receive required officer credibility information

Prosecutors can consider an officer’s credibility-list status when deciding whether to bring charges. In criminal cases, they must share the listing and its basis with defense lawyers or defendants as required by law. This includes the notice or relevant materials. The law does not change federal law or binding court rulings on disclosure duties.

Listed officers gain job and certification protections

The state training council must review the facts behind an officer’s credibility-list placement and notify the officer and employer of its findings. If discipline is not warranted, it must dismiss the matter and keep the investigation off the officer’s public status. The council cannot suspend, revoke certification, or otherwise punish an officer solely for being listed. Employers also cannot demote, suspend, fire, or otherwise punish an officer based only on listing. Employer action requires either an internal investigation showing the prosecutor’s stated factual basis is more likely true than not, or council discipline for the underlying conduct.

Officers get notice and credibility-list review

Prosecutors must notify employers and the state training council when placing officers on Giglio lists, which concern officers’ credibility as witnesses. Notices must give reasons and explain rights to materials, added information, and reconsideration; employers must notify officers within three days and forward notices to the council within 30 days. Former officers must receive personal service or certified mail or statutory overnight delivery to their last known address, with a return receipt requested. Officers or employers have 30 days after the employer receives notice to seek reconsideration; prosecutors must promptly review requests, explain denials, and notify employers and the council within 14 days of removal. Prosecutor offices maintaining lists must adopt statewide procedures; without a reconsideration request, listing continues unless new material information or an investigation warrants removal.

Officers face limits on suing prosecutors

Georgia prosecutors generally have protection from civil liability for placing officers on credibility lists. That protection does not apply when the officer proves actual malice or an actual intent to cause injury.

Public access to officer credibility records narrows

Records relating to officers’ Giglio credibility lists are exempt from required release under Georgia’s public-records law. Public agencies do not have to disclose these records in response to public-records requests.

Sheriff candidates face new certification rules

Georgia sheriff candidates generally must be certified peace officers, not under certification revocation, and file the state training council’s certification form. First responders, current or former law enforcement officers, and retired or honorably discharged U.S. military members can qualify without certification. They must swear to complete certification within six months after taking office. The council can extend that deadline for illness, injury, military service, or other sufficient reasons. Knowingly false qualification affidavits carry criminal penalties; duly qualified incumbent sheriffs are deemed to meet these certification requirements.

Sponsors & Cosponsors

Sponsors

  • Rob Clifton

    Republican • House

  • Clint Crowe

    Republican • House

  • Houston Gaines

    Republican • House

  • Stan Gunter

    Republican • House

  • Eddie Lumsden

    Republican • House

  • Matt Reeves

    Republican • House

Cosponsors

  • Brian Strickland

    Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 353 • No: 34

House vote • 3/31/2025

Agree to Senate Substitute

Yes: 152 • No: 14 • Other: 4

Senate vote • 3/31/2025

PASSAGE BY SUBSTITUTE

Yes: 55 • No: 0

House vote • 3/6/2025

PASSAGE

Yes: 146 • No: 20 • Other: 9

Actions Timeline

  1. House Date Signed by Governor

    5/12/2025House

  2. Act 115

    5/12/2025

  3. Effective Date

    5/12/2025

  4. House Sent to Governor

    4/10/2025House

  5. Senate Third Read

    3/31/2025Senate

  6. Senate Passed/Adopted By Substitute

    3/31/2025Senate

  7. House Agreed Senate Amend or Sub

    3/31/2025House

  8. Senate Read Second Time

    3/25/2025Senate

  9. Senate Committee Favorably Reported By Substitute

    3/21/2025Senate

  10. Senate Read and Referred

    3/10/2025Senate

  11. House Third Readers

    3/6/2025House

  12. House Passed/Adopted By Substitute

    3/6/2025House

  13. House Committee Favorably Reported By Substitute

    3/4/2025House

  14. House Second Readers

    2/10/2025House

  15. House First Readers

    2/6/2025House

  16. House Hopper

    2/5/2025House

Bill Text

  • HB 288/AP* (v8)

    PDF

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