R Street testimony in support of HB 582: “Georgia Survivor Justice Act.”

Testimony from:
Lisel Petis, Senior Fellow, R Street Institute

Testimony in Support of HB 582: “Georgia Survivor Justice Act.”

March 27, 2025

Georgia Senate Judiciary Committee

Chairman Strickland and members of the committee,

My name is Lisel Petis, and I am a policy director at the R Street Institute, a nonprofit, nonpartisan public policy organization dedicated to practical solutions that promote free markets and limited, effective government. My work focuses on criminal justice and civil liberties. Before joining R Street, I served as a prosecutor and later as the executive director of a victim services agency, where I worked directly with survivors of domestic and sexual violence. I have seen firsthand how often the justice system fails to account for the full context of abuse. That is why I strongly support House Bill 582, the Georgia Survivor Justice Act, which would give courts the tools to make more informed, balanced decisions at trial, at sentencing, and, when appropriate, through sentence reconsideration.^[1]

More than 35 percent of women in Georgia have experienced intimate partner violence.^[2] For some, after years of threats, abuse, and fear, survival instincts take over and they act to protect themselves or their children. That’s unfortunately not surprising considering that someone in Georgia loses their life to domestic violence nearly every 48 hours.^[3] Yet too often, the justice system inadvertently responds to survivors not with protection, but with punishment. Survivors who defend themselves against their abusers can be arrested, charged, and sentenced without a judge, jury, or even the prosecutor ever hearing the full story of what led them to act.^[4]

Georgia’s justice system is not currently built to account for the realities of long-term abuse. As a result, too many survivors—mostly women, many of them mothers—end up behind bars for actions rooted in desperation or self-preservation.^[5] Some are coerced into crimes by abusive partners. Others fight back after prolonged violence. These cases deserve a process that allows courts to see the whole picture and treat their cases accordingly.

HB 582 provides that path. It does not eliminate accountability or guarantee less punitive outcomes. Rather, it ensures that judges and juries can consider relevant evidence of abuse when evaluating self-defense or coercion claims, and when determining fair sentencing. For those already incarcerated, the bill allows for limited, responsible resentencing opportunities.

Concerns about abuse of the process are understandable, and this bill addresses them. Any new evidence introduced must still meet Georgia’s existing rules of evidence. The bill also includes judicial safeguards to ensure that only well-supported petitions move forward, avoiding frivolous claims.

Georgia would not be the first state to adopt this approach. States like Oklahoma have already implemented similar laws, and others are following suit.^[6] The result: fairer outcomes for survivors, improved system efficiency, and reduced incarceration of those who pose little to no public safety risk.

HB 582 is a thoughtful, balanced bill. It ensures justice is based on facts, not blind application of the law. It strengthens our courts, respects victims, and promotes accountability without ignoring context.

I respectfully urge this committee to support the Georgia Survivor Justice Act and move HB 582 forward.

I appreciate your time and consideration.

Thank you,

Lisel Petis
Policy Director, Criminal Justice and Civil Liberties
R Street Institute
lpetis@rstreet.org 

[1] H.B. 582, Georgia Survivor Justice Act,” Georgia 2025-2026 Regular Session. https://legiscan.com/GA/bill/HB582/2025.

[2] “Shelter Statistics,” Safe Shelter, last accessed March 24, 2025. https://safeshelter.org/learn/statistics.

[3] “Family Violence Reports” Georgia Commission on Family Violence, last accessed March 24, 2025. https://gcfv.georgia.gov/resources/data.

[4] Jennifer Caldwell, et al, “Why I Hit Him: Women’s Reasons for Intimate Partner Violence,” J Aggress Maltreat Trauma, 18:7, Oct. 2009, pp. 672-697. https://pmc.ncbi.nlm.nih.gov/articles/PMC2975361.

[5] Wendy Sawyer and Wanda Bertram, “Prisons and jails will separate millions of mothers from their children in 2022,” Prison Policy Initiative, May 4, 2022. https://www.prisonpolicy.org/blog/2022/05/04/mothers_day.

[6] “Williams, Roberts Recognize Lisa Moss, Oklahoma Survivors’ Act,” State of Oklahoma House of Representatives, Feb. 11, 2025. https://www.okhouse.gov/posts/20250211_1.