Committee advances bill shifting pretrial immunity burden to prosecutors; prosecutors and defense groups raise concerns

A Senate committee voted to advance SB 572 after extensive testimony from prosecutors, defense lawyers and advocacy groups about how the bill would change Georgia’s handling of pretrial immunity claims in use-of-force cases.

The sponsor said the bill identifies a pretrial immunity motion a defendant may file at arraignment or before trial and shifts the burden to the state to prove by clear and convincing evidence that the claim of justification is not warranted. The sponsor said the intent is to allow defendants to raise immunity earlier and avoid years of litigation before resolution.

Supporters included Alex Doerr of Georgia Gun Owners, who said the change would reduce arrests and prolonged prosecutions of law-abiding citizens asserting self defense. Doerr said similar burden-shift provisions exist in other states and called the change a restoration of balance.

Prosecutors raised several concerns. DeKalb County District Attorney Sherry Boston told the committee the bill “flips the burden” and, as drafted, could require immunity hearings in every shooting case and produce two trials — a bench immunity proceeding followed by a jury trial on the indictment if immunity is denied. Boston said the bill lacks timing rules; she called for time frames and firm procedures because, in one case she cited, she waited 365 days for an immunity ruling.

Sarah Japore, district attorney in the Western Judicial Circuit, said prosecutors would be open to a statutory timetable but noted that shifting the burden and a higher standard (clear and convincing evidence) could require more time to present witnesses and subpoenas.

Defense advocates also testified. Maisie Lynn Guertin of the Georgia Association of Criminal Defense Lawyers said the bill has unintended consequences that merit fixes — for instance, she warned lines addressing law-enforcement encounters could be read to limit a common-law right to resist unlawful arrest unless tightened.

The committee voted to pass SB 572 (transcript records the vote as 7–2). The sponsor said he will continue discussions with prosecutors and defense counsel to address concerns as the bill proceeds.

Quotation: “I will say... the way that it is written, with the presumption, it doesn't... a presumption that only certain people are going to be considered,” DeKalb County District Attorney Sherry Boston said, arguing the bill could require immunity hearings in many cases.

Next steps: The bill moves out of committee; sponsors indicated ongoing conversations with prosecutors and defense groups about clarifying amendments before further action.