Staff Analysis of the Legislation
|
HB 702 amends O.C.G.A. § 16-3-21 and 17-10-6.1, relating to the use of force in defense of self or others, and to the mandatory minimums for serious violent offenders, respectively. O.C.G.A. § 16-3-21 is amended by adding the charges of aggravated assault or aggravated battery to the list of prosecution charges when one may raise a claim of defense for self or others, in the face of imminent threat. The section is further amended by allowing the defendant to be permitted to offer evidence showing that they have been the victim of family violence or child abuse committed by the alleged victim. O.C.G.A. § 17-10-6.1 is amended by allowing for the presiding judge to depart from the mandatory minimums when a person is convicted of a serious violent felony when: the defendant had been the victim of acts of family violence or child abuse committed by the deceased; and the interests of justice will not be served by the imposition of the prescribed mandatory minimum sentence. If a judge reduces the mandatory minimum sentence pursuant to this paragraph, the judge shall specify on the record the circumstances for the reduction and the interests served by such departure. |