Georgia Legislature approves HB535 to allow credit for time served to probationers; bill signed into law

A measure advanced by State Rep. Tyler Paul Smith, which ensures that probationers receive credit for time spent in confinement if their probation is revoked, has cleared both legislative chambers, according to the Georgia State House.

The measure received unanimous approval as of Tuesday, March 31, with the House passing it in a 160-0 vote and the Senate following with a 53-0 vote.

Filed as HB535 on Wednesday, Feb. 19 during the 2026 regular session of the 158th General Assembly, the bill was officially titled: ‘Penal institutions; credit for time served regarding probation revocation sentencing; provide.’

Here is an outline of the bill, based on the actual bill text, including clarification where needed to explain its components.

Essentially, the bill updates Code Section 42-8-38 of the Official Code of Georgia Annotated, ensuring that individuals whose probation is revoked will earn credit for confinement time served since the violation occurred. Courts, after a hearing, can choose to revoke, change, or continue probation. When probation is revoked, the original sentence, or part of it, may be enforced, with all days spent on probation subtracted from the total sentence. The provision mandates that every day confined due to a violation counts toward the sentence, excluding any tolled periods as explained in Code Section 42-8-36 and complying with Code Section 17-10-11. Any inconsistent laws are repealed.

Support in the House included 66 Democrats and 94 Republicans, with no votes in opposition.

In the Senate, all 22 Democrats and 31 Republicans present also voted in favor with no dissenting votes.

Co-sponsors listed on the bill are Rep. Stacey Evans (Democrat-57th), Rep. Soo Hong (Republican-103rd), Rep. Rob Leverett (Republican-123rd), along with two additional sponsors.

Smith earned a BA from The Citadel in 2013 and later received a JD from Atlanta’s John Marshall Law School in 2016.

Smith, a Republican, took office in the Georgia State House in 2021 as representative of the 18th House District, filling the seat formerly held by Kevin Cooke.

Gov. Brian Kemp signed the bill into law on Tuesday, May 5.

In Georgia, the legislative process starts when a legislator, sometimes prompted by constituents, works alongside the Office of Legislative Counsel to draft a bill. Once filed with the Clerk of the House or Secretary of the Senate, the bill is introduced for its first reading and assigned to a committee for review and debate. Upon committee approval, it moves to the full chamber for a final debate and vote. Passage is required in both the House and Senate—and sometimes through a conference committee if amendments are needed—before reaching the governor. The governor then has six days while the General Assembly is in session, or 40 days after adjournment (Sine Die), to sign, veto, or let the legislation become law without a signature. The Georgia General Assembly holds a 40-day session every year starting the second Monday in January.

Information in this article was obtained from the Georgia State House. The source data can be found here.