DeKalb County District Attorney Sherry Boston is warning of a legal battle if House Bill 369 is signed into law by Governor Brian Kemp.
The bill, which passed the Georgia General Assembly during the final days of the 2026 legislative session, would give the state new authority to intervene in local prosecution decisions. Critics, including several metro Atlanta district attorneys, argue the legislation undermines the independence of locally elected prosecutors and was designed to target DAs who have exercised discretion on certain categories of cases.
Boston's public warning signals that DeKalb County intends to be at the forefront of any legal challenge. The DA's office has framed the issue as one of local control and constitutional separation of powers, arguing that the bill allows the state to override the judgment of prosecutors chosen by their own communities.
Supporters of HB 369 counter that the legislation creates necessary accountability for prosecutors who decline to enforce state laws. The debate mirrors similar fights playing out in other states where legislatures have moved to rein in progressive prosecutors.
Governor Kemp has not yet indicated whether he will sign the bill. His decision will determine whether the measure becomes law or dies on his desk, with DeKalb County poised to file suit if it advances.
