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Committee advances bill shifting burden to prosecutors at pretrial self‑defense immunity hearings
Summary
SB 572 would allow defendants to raise a pretrial immunity claim and shift the burden to the state to disprove justification by clear and convincing evidence. Supporters said it would reduce prolonged legal costs for defendants; prosecutors and defense groups warned it could force immunity hearings in most shooting cases and impair public safety unless timing and standards are clarified. The committee passed the bill 7–2.
A Senate committee advanced SB 572, a bill that would formalize pretrial immunity motions in self‑defense cases and shift the burden at that hearing to prosecutors.
The bill’s presenter said the measure confirms that a defendant may raise a pretrial immunity motion (including at arraignment) and that, once the defendant sets forth a prima facie claim, the burden shifts to the state to prove by clear and convincing evidence that the claimed immunity was not warranted.
Supporters, including Alex Doar of Georgia Gun Owners, said shifting the burden would prevent lengthy…
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