Georgia bill to reduce prison sentences for domestic violence survivors on its way to becoming law

ATLANTA - A bill that would allow survivors of domestic abuse to seek reduced prison sentences for crimes tied to their abuse is headed to Georgia Gov. Brian Kemp’s desk after passing the state Senate in a near-unanimous vote.

House Bill 582, sponsored by Republican Rep. Stan Gunter, cleared the Senate 53-1 on Thursday, following overwhelming approval in the House last month. The House must now approve final changes before the measure is sent to Kemp, who is expected to sign it into law.

What we know:

If enacted, Georgia would join a growing number of states — including Oklahoma, Illinois, New York, and California — in allowing abuse victims charged with or convicted of crimes to present evidence of abuse as a mitigating factor in sentencing.

What they're saying:

"House Bill 582 would prevent survivors from serving long sentences for conduct needed for their own survival," said Sen. Bo Hatchett, the Republican who carried the bill in the Senate. "House Bill 582 would allow Georgia’s criminal law to catch up with society’s modern understanding of domestic violence dynamics."

Dig deeper:

The legislation would permit judges to reduce sentences for defendants who can show that domestic violence, dating violence, or child abuse significantly contributed to their crime. In cases where a life sentence is mandatory, judges could instead impose a prison term of 10 to 30 years — unless prosecutors agree to a lower sentence. For other felonies, judges would be limited to issuing no more than half the maximum sentence otherwise allowed. The bill also permits those already incarcerated to petition for resentencing under the new guidelines.

More than 100 women currently imprisoned in Georgia could qualify for shorter sentences, according to the Georgia Coalition Against Domestic Violence. Many, like Mary Favors — who is serving time for killing her abusive husband — claim they acted in self-defense. Favors told the Associated Press that she grabbed a knife to protect herself and that her husband jumped onto it. She hopes to work at a battered women’s shelter if released.

The other side:

Women of color are disproportionately affected, advocates note, and nationally, between 74% and 95% of incarcerated women are survivors of domestic or sexual violence, according to the coalition.

"We only got three dissenting votes the entire time, which sends such a strong message to survivors in our state that we take their experience seriously, we value them, that their voices are heard, that they’re safe, and the people care about seeing actual justice and healing," said Ellie Williams, legal director for the Georgia Coalition Against Domestic Violence.

What's next:

Prosecutors initially opposed the bill, contacting lawmakers during early debate in the House. However, the Prosecuting Attorneys’ Council of Georgia later adopted a neutral stance after revisions were made, including raising the minimum sentence from one year to 10 years in certain cases.

Supporters of the bill argue it marks a critical step toward reforming how the criminal justice system handles abuse-related cases and provides long-overdue relief to survivors imprisoned for actions they say were taken out of desperation or coercion.