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GeorgiaHB 5352025-2026 Regular SessionHouseWALLET

Penal institutions; credit for time served regarding probation revocation sentencing; provide

Sponsored By: Stacey Evans (Democrat), Soo Hong (Republican), Rob Leverett (Republican), Tanya Miller (Democrat), Tyler Paul Smith (Republican)

Signed by Governor

Judiciary Non-CivilJudiciaryGeneral Bill

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 3 benefits, 0 costs, 1 mixed.

Lower fentanyl sentences for qualifying defendants

Judges can use lower prison and fine ranges for qualifying fentanyl trafficking defendants. For 4–under 8 grams, the range is 2.5–10 years and $12,500–$75,000. For 8–under 14 grams, it is 5–15 years and $25,000–$150,000. For 14–under 28 grams, it is 10–25 years and $50,000–$250,000. For 28 grams or more, it is 15–35 years and $250,000–$750,000. Defendants must have no prior felony conviction and must not have led the crime. They must not have possessed or used a firearm, dangerous weapon, or hazardous object during the crime. The conduct must not have caused death or serious bodily injury to someone outside the crime. The judge must find that the mandatory minimum does not serve justice. Judges must explain departures on the record, and the State can appeal. These rules apply to offenses committed on or after enactment.

More sentence relief for trafficking defendants

For trafficking offenses, judges can approve a sentence below the mandatory minimum when the prosecutor and defendant agree. Prosecutors can also seek reduced or suspended mandatory terms for substantial help identifying, arresting, or convicting others involved. Judges must explain departures on the record, and the State can appeal. The law removes the pardon, parole, and commutation ban for sentences imposed under subsection (g) of Georgia’s trafficking law. The State Board of Pardons and Paroles can consider that relief, but release or a shorter sentence is not guaranteed. These changes apply to offenses committed on or after enactment.

Prison time counts after probation revocation

Beginning July 1, 2026, courts must give sentence credit when probation is revoked and a prison or jail sentence follows. Each day spent in confinement since the probation violation counts toward the original sentence. Time excluded under Georgia’s probation tolling rule, Code Section 42-8-36, does not count. Eligible credit reduces the time left to serve.

Fentanyl trafficking penalties have firm limits

For covered fentanyl substances and mixtures, trafficking penalties start at 4 grams. Mandatory minimum prison terms and fines are: 4–under 8 grams, 10 years and $75,000; 8–under 14 grams, 15 years and $150,000. For 14–under 28 grams, they are 25 years and $250,000; for 28 grams or more, 35 years and $750,000. The maximum penalty is 40 years in prison and a $1 million fine. Mandatory terms generally cannot be reduced, suspended, or replaced with probation except through the law’s listed exceptions. Transitional-center or work-release consideration is limited to the final year of incarceration. These rules apply to offenses committed on or after enactment.

Sponsors & Cosponsors

Sponsors

  • Stacey Evans

    Democrat • House

  • Soo Hong

    Republican • House

  • Rob Leverett

    Republican • House

  • Tanya Miller

    Democrat • House

  • Tyler Paul Smith

    Republican • House

Cosponsors

  • Bill Cowsert

    Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 391 • No: 0

House vote • 3/31/2026

Agree to Senate Substitute

Yes: 160 • No: 0 • Other: 10

Senate vote • 3/16/2026

PASSAGE BY SUBSTITUTE

Yes: 53 • No: 0 • Other: 2

House vote • 3/6/2025

PASSAGE

Yes: 178 • No: 0 • Other: 1

Actions Timeline

  1. House Date Signed by Governor

    5/5/2026House

  2. Act 384

    5/5/2026

  3. Effective Date

    5/5/2026

  4. House Sent to Governor

    4/10/2026House

  5. House Agreed Senate Amend or Sub

    3/31/2026House

  6. Senate Third Read

    3/16/2026Senate

  7. Senate Passed/Adopted By Substitute

    3/16/2026Senate

  8. Senate Committee Favorably Reported By Substitute

    3/10/2026Senate

  9. Senate Taken from Table

    1/12/2026Senate

  10. Senate Recommitted

    1/12/2026Senate

  11. Senate Tabled

    4/2/2025Senate

  12. Senate Read Second Time

    3/21/2025Senate

  13. Senate Committee Favorably Reported

    3/20/2025Senate

  14. Senate Read and Referred

    3/10/2025Senate

  15. House Third Readers

    3/6/2025House

  16. House Passed/Adopted

    3/6/2025House

  17. House Committee Favorably Reported

    3/4/2025House

  18. House Second Readers

    2/21/2025House

  19. House First Readers

    2/20/2025House

  20. House Hopper

    2/19/2025House

Bill Text

  • HB 535/AP* (v10)

    PDF

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