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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 prosecutions of lawful self‑defenders and reduce legal costs. “This bill will restore balance to our self defense law,” Alex Doar testified, urging a favorable recommendation.
Multiple district attorneys and criminal‑defense organizations raised concerns. Sherry Boston, DeKalb County district attorney, warned the bill flips a longstanding approach to affirmative defenses and could produce extra hearings and duplicative trials; she said some counties wait a year or more for rulings on immunity motions. "The bill flips that burden … and prima facie doesn't mean anything without a standard," she said, arguing the bill could require immunity hearings in every shooting case and impose heavy burdens on courts and victims.
Prosecutors asked for a reasonable timetable to resolve immunity motions; some suggested a set number of days after filing. Sarah Japore, a district attorney in the Western Judicial Circuit, said courts and prosecutors would need additional time if the state faces a clear‑and‑convincing standard and anticipated subpoenaing witnesses. Defense practitioners flagged potential unintended effects on common‑law rights (for example, the right to resist unlawful arrest) and suggested targeted language changes.
The committee discussed possible amendments to add a timing requirement to resolve immunity claims and to narrow exceptions; the bill’s sponsor said he would continue to consult prosecutors and defense counsel while asking the committee to move the bill forward. The committee voted to pass the bill; the transcript records the motion as passing 7–2.
What happens next: SB 572 advances for further consideration; sponsors and opponents signaled ongoing negotiations over timing, evidentiary standards, and the scope of exceptions.
