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

Testimony from:

Jillian E. Snider, Policy Director of Criminal Justice and Civil Liberties, R Street Institute

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

March 3, 2025

Georgia House Judiciary Committee

Chairman Smith and members of the committee,

My name is Jillian E. Snider, and I am the policy director of criminal justice and civil liberties at the R Street Institute, a nonprofit, nonpartisan, public policy research organization. Our mission is to engage in policy research and outreach to promote free markets and limited, effective government in many areas, including the criminal justice system. That is why today’s hearing is of special interest to us.

In addition to my current role, I am also a Lecturer at John Jay College of Criminal Justice and a retired police officer from the New York City Police Department. Given R Street’s commitment to pragmatic policies that improve fairness and enhance community safety, we have a strong interest in House Bill 582, the Georgia Survivor Justice Act. We are committed to advancing policies that ensure justice for all individuals, particularly vulnerable survivors of violence, and abuse, and we support HB 582 which seeks to amend the Official Code of Georgia to allow defendants to present a justification defense based on their experiences with family violence, dating violence, or child abuse committed by the alleged victim.

This legislation represents a critical step in ensuring that survivors of abuse can present the full context of their experiences when facing criminal charges. Specifically, it allows defendants to introduce evidence of family violence, dating violence, or child abuse in cases involving self-defense, coercion, or justification claims. This bill recognizes the complexities of trauma and how it shapes an individual’s decision-making in life-threatening situations. Such evidence is vital for ensuring fairness in legal proceedings and preventing unjust convictions. Research shows that many survivors of domestic violence, particularly women, are often arrested because of their efforts to defend themselves against their abusers.^[1] HB 582 would ensure that survivors are not penalized for their attempts to protect themselves from ongoing abuse.

Intimate partner violence is a widespread issue.  Approximately 70 percent of women incarcerated in prisons and jails report prior experiences of intimate partner violence victimization, ranging from threats and intimidation to physical or sexual assault.^[2] One study showed that of women being held in jail, 77 percent had experienced intimate partner violence; 93 percent of women who reported intimate partner violence reported physical abuse, 32 percent reported partner rape, and 63 percent reported that the incident involved the use of a weapon.^[3] Such abuse leaves lasting emotional scars, including post-traumatic stress disorder (PTSD), which significantly influences the actions of victims in high-stress situations.^[4]

This bill also provides a mechanism for resentencing in certain murder cases, offering relief for individuals who were convicted of crimes after suffering prolonged abuse. This aligns with growing trends in other states, which have recently passed legislation allowing for resentencing or reconsideration of convictions for survivors of domestic violence.^[5] Such laws enable those convicted of crimes linked to their abuse to seek a more just sentencing process, where their circumstances are appropriately considered. By following this path, Georgia would continue a trend towards justice for survivors of abuse and trauma.

A significant aspect of this bill is its recognition of coercion as a valid defense. Coercion is a critical issue in cases of domestic violence as many survivors commit crimes under duress, often as a result of threats from their abusers.^[6] Under current law, however, defendants in such situations may not be allowed to present evidence of coercion. HB 582 directly addresses this gap by expanding the use of a coercion defense, providing survivors the opportunity to prove that they acted to avoid imminent harm or death.

Another key component of this bill is the provision for sentencing mitigation. Survivors of abuse who commit crimes should not be subject to the same sentencing standards of those who have not endured such trauma. Current sentencing practices often fail to take the effects of prolonged abuse into account, leading to excessively harsh sentences for individuals who were acting in response to their trauma.^[7] HB 582 provides a way for courts to consider the circumstances surrounding the crime, such as a history of abuse, when determining appropriate sentences. The inclusion of such mitigation aligns with best practices in criminal justice system changes and offers a more compassionate, fair approach to sentencing. Research on sentencing reform has shown that when judges can consider trauma in sentencing, outcomes improve, both in terms of fairness and rehabilitation, leading to lower recidivism rates.^[8]

The Georgia Survivor Justice Act provides critical protections for survivors of family violence, dating violence, and child abuse. By ensuring that defendants can present evidence of their abuse and seek a justification defense, this bill promotes fairness and enhances the integrity of the criminal justice system. It allows survivors to be heard and helps ensure that their actions, often taken in self-defense, are judged in the proper context.

I urge the committee to pass this important legislation and take a meaningful step toward justice for survivors of violence in Georgia.

Thank you for your time and consideration.

Jillian E. Snider
Policy Director, Criminal Justice and Civil Liberties
R Street Institute
jsnider@rstreet.org