Bill Text: GA HB1308 | 2011-2012 | Regular Session | Introduced

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Bill Title: Crimes and offenses; statute relating to no duty to retreat prior to use of force and to correct a cross-reference; repeal

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Introduced - Dead) 2012-03-29 - House First Readers [HB1308 Detail]

Download: Georgia-2011-HB1308-Introduced.html

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12 LC 29 5295

House Bill 1308

By: Representatives Taylor of the 55th, Morgan of the 39th, Long of the 61st, Bell of the 58th, Brooks of the 63rd, and others

A BILL TO BE ENTITLED
AN ACT

To amend Article 2 of Chapter 3 of Title 16 of the Official Code of Georgia Annotated, relating to justification and excuse, so as to repeal the statute relating to no duty to retreat prior to the use of force and to correct a cross-reference; to provide for related matters; to provide an effective date; 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, is amended by repealing Code Section 16-3-23.1, relating to no duty to retreat prior to the use of force in self-defense.

SECTION 2.

Said article is further amended by revising Code Section 16-3-24.2, relating to immunity from prosecution, as follows:

"16-3-24.2.

A person who uses threats or force in accordance with Code Section 16-3-21, 16-3-23, 16-3-23.1, or 16-3-24 shall be immune from criminal prosecution therefor unless in the use of deadly force, 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.

This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 4.

All laws and parts of laws in conflict with this Act are repealed.