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GeorgiaHB 5822025-2026 Regular SessionHouse

Georgia Survivor Justice Act; enact

Sponsored By: James Burchett (Republican), Stan Gunter (Republican), Soo Hong (Republican), Kimberly New (Republican), Matt Reeves (Republican), Tyler Paul Smith (Republican)

Signed by Governor

Judiciary Non-CivilJudiciaryGeneral Bill

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Bill Overview

Analyzed Economic Effects

7 provisions identified: 5 benefits, 1 costs, 1 mixed.

Lower sentences for qualifying abuse survivors

Defendants qualify for alternative sentences by proving it is more likely than not that abuse significantly contributed to the crime. Covered abuse includes family violence, dating violence, and child abuse. Courts also must use alternative sentences when they serve justice and society's welfare, with the state's consent. For crimes punishable by death or life, the sentence is 10–30 years; going below 10 requires prosecutor and defendant agreement. For other felonies, the sentence is prison, a fine, or both: prison ranges from one year to half the usual maximum, and fines cannot exceed half the usual maximum. Parole, earned time, and other sentence reductions remain available.

Sentence review for incarcerated abuse survivors

People serving sentences can seek survivor-related review for offenses committed before July 1, 2025, or with evidence absent from any sentencing hearing's record. Filing alone does not guarantee relief; courts must reduce sentences when the law's alternative-sentencing criteria are established. Those criteria include proving, more likely than not, that family violence, dating violence, or child abuse significantly contributed to the offense. The district attorney has 60 days after service to respond, with one extension of up to 180 days. Courts presume a hearing is appropriate, with scheduling targets of 90 days after filing or 60 days after the state's response. Courts issue written findings, and either side can directly appeal the final order. A separate correction, reduction, or suspension petition has a deadline of one year after sentencing or 120 days after the sentencing court receives the direct-appeal remittitur, whichever is later.

Privacy protections for survivor justice dialogues

The law generally protects communications and actions before, during, and after victim-centered practices and victim-offender dialogues. It also protects the fact that a process was planned or held, along with covered participants, facilitators, and records. Covered information cannot generally be used as evidence, obtained through court discovery, disclosed, or publicly inspected; participants can waive only their own protection. Outside evidence remains usable, and exceptions cover imminent violence, a facilitator's reasonable belief about child abuse or safety dangers, and required reports. The law also extends specified psychotherapy, accountant-client, and dialogue privileges governing testimony and communications.

Stronger defenses for abuse and coercion

Defendants charged under Georgia's crimes-against-persons chapter can offer abuse evidence to support a defense that force was immediately necessary. The evidence must concern family violence, dating violence, or child abuse by the alleged victim. It can include past abuse, help-seeking, medical care, trauma effects, protective orders, expert testimony, and other credible evidence; normal evidence rules still apply. For crimes other than murder under Georgia's specified murder provision, coercion prevents guilt when defendants reasonably believe the act is necessary to prevent imminent death or great bodily injury to themselves or someone else. The coerced act need not be the only way to prevent that harm.

Required oath wording for Georgia officers

Beginning July 1, 2025, peace officers taking office oaths must use the wording set by Georgia law. Sheriffs and sworn deputies taking oaths on or after that date must use their applicable statutory oath. The peace officer oath commits officers to faithfully and impartially uphold Georgia law and the U.S. Constitution. Agencies can add aspirational wording, but it has no legal effect in civil or criminal proceedings.

Fewer oath-violation charges against public officers

Willful, intentional oath violations by public officers carry one to five years in prison. Georgia limits this prosecution to violations based on a felony or a misdemeanor of a high and aggravated nature. Peace officers can face this charge only for violating the specified statutory oaths for peace officers, sheriffs, and sworn deputies.

Dialogue facilitators gain protection from lawsuits

Facilitators generally cannot be held liable for civil damages for conduct during victim-centered practices or victim-offender dialogues. This protects facilitators but limits participants' ability to recover damages. Protection does not cover gross negligence with malice or willful disregard for a participant's safety or property.

Sponsors & Cosponsors

Sponsors

  • James Burchett

    Republican • House

  • Stan Gunter

    Republican • House

  • Soo Hong

    Republican • House

  • Kimberly New

    Republican • House

  • Matt Reeves

    Republican • House

  • Tyler Paul Smith

    Republican • House

Cosponsors

  • Bo Hatchett

    Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 383 • No: 3

House vote • 4/4/2025

Agree to Senate Substitute

Yes: 164 • No: 0 • Other: 5

Senate vote • 4/2/2025

PASSAGE BY SUBSTITUTE

Yes: 53 • No: 1 • Other: 1

House vote • 3/6/2025

PASSAGE

Yes: 166 • No: 2 • Other: 5

Actions Timeline

  1. Effective Date

    7/1/2025

  2. House Date Signed by Governor

    5/12/2025House

  3. Act 131

    5/12/2025

  4. House Sent to Governor

    4/10/2025House

  5. House Agreed Senate Amend or Sub

    4/4/2025House

  6. Senate Third Read

    4/2/2025Senate

  7. Senate Passed/Adopted By Substitute

    4/2/2025Senate

  8. Senate Committee Favorably Reported By Substitute

    3/28/2025Senate

  9. Senate Read Second Time

    3/28/2025Senate

  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

    2/26/2025House

  15. House First Readers

    2/24/2025House

  16. House Hopper

    2/21/2025House

Bill Text

  • HB 582/AP* (v11)

    PDF

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