06 LC 21
8571
Senate
Bill 396
By:
Senators Goggans of the 7th, Johnson of the 1st, Williams of the 19th, Whitehead
of the 24th, Unterman of the 45th and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 2 of Chapter 3 of Title 16 of the Official Code of Georgia
Annotated, relating to justification and excuse as a defense to certain crimes,
so as to provide that a person who is attacked has no duty to retreat; to
provide that such person has a right to meet force with force, including deadly
force; to provide for an immunity from prosecution; to repeal conflicting laws;
and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
2 of Chapter 3 of Title 16 of the Official Code of Georgia Annotated, relating
to justification and excuse as a defense to certain crimes, is amended by
inserting immediately following Code Section 16-3-23 a new Code section to read
as follows:
∀16-3-23.1.
A
person who is not engaged in an unlawful activity and who is attacked in any
place where he or she has a right to be has no duty to retreat and has the
right to stand his or her ground and meet force with force, including deadly
force if he or she reasonably believes it is necessary to do so to prevent death
or great bodily harm to himself or herself or to
another.∀
SECTION
2.
Said
article is further amended by striking in its entirety Code Section 16-3-24.2,
relating to immunity from prosecution and exception, and inserting in lieu
thereof the following:
∀16-3-24.2.
A
person who uses threats or force in accordance with Code Section
16-3-23,
16-3-23.1, or 16-3-24 shall be immune from
criminal prosecution therefor unless any deadly force, used by such person
utilizes a weapon the carrying or possession of which is unlawful by such person
under Part 2 or 3 of Article 4 of Chapter 11 of this
title.∀
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.