Kemp Announces Overhaul of Citizen’s Arrest Statute

This bill seeks to repeal Georgia’s current citizen’s arrest law and to tailor the code to protect the rights and safety of Georgians while eliminating any potential legal loopholes that could be used to justify vigilantism.

 When an offense is committed in the officer’s presence or immediate knowledge;
 When the officer is in “hot pursuit” of an offender and the offender leaves the officer’s jurisdiction while attempting to escape;
 When the officer is assisting law enforcement officers of another jurisdiction.

When an offense is committed in the officer’s presence or immediate knowledge;

When the officer is in “hot pursuit” of an offender and the offender leaves the officer’s jurisdiction while attempting to escape;

When the officer is assisting law enforcement officers of another jurisdiction.

Section 2 repeals Georgia’s citizens’ arrest statutes.

Section 3 creates Code Section 17-4-80 and creates specific instances in which a private person may detain someone:

 A “shopkeeper’s privilege” is created which would allow owners of businesses and their employees to detain offenders who the owner or employee has probable cause to believe is committing a theft on the premises of the owner’s establishment.
 A provision allowing restaurant owners and their employees to detain offenders whom the owner or employee has probable cause to believe are attempting to “dine and dash.”
 A provision allowing weight inspectors to detain individuals when needed in the course of their duties.
 A provision allowing licensed private security officers and private investigators to detain individuals when conducting their duties in the performance of their businesses.
 A detained offender must either be released, or the owner or employee must contact law enforcement within an hour to remove the detained individual. If a law enforcement officer does not arrive within one hour of the initial detention, the detained individual must be released along with their personal belongings.
 A provision is included stating that nothing in this Code Section shall be construed to limit or alter any defense under Georgia’s defense of self and property statutes, or Georgia’s “stand your ground” statute.
 A provision is included prohibiting the use of force that is likely to cause death or great bodily harm to detain someone under this Code Section unless the detention is to protect self, others, ones’ habitation, or to prevent a forcible felony.

A “shopkeeper’s privilege” is created which would allow owners of businesses and their employees to detain offenders who the owner or employee has probable cause to believe is committing a theft on the premises of the owner’s establishment.

A provision allowing restaurant owners and their employees to detain offenders whom the owner or employee has probable cause to believe are attempting to “dine and dash.”

A provision allowing weight inspectors to detain individuals when needed in the course of their duties.

A provision allowing licensed private security officers and private investigators to detain individuals when conducting their duties in the performance of their businesses.

A detained offender must either be released, or the owner or employee must contact law enforcement within an hour to remove the detained individual. If a law enforcement officer does not arrive within one hour of the initial detention, the detained individual must be released along with their personal belongings.

A provision is included stating that nothing in this Code Section shall be construed to limit or alter any defense under Georgia’s defense of self and property statutes, or Georgia’s “stand your ground” statute.

A provision is included prohibiting the use of force that is likely to cause death or great bodily harm to detain someone under this Code Section unless the detention is to protect self, others, ones’ habitation, or to prevent a forcible felony.

Sections 4-6 clean up references to the current citizen’s arrest statute found throughout the Official Code of Georgia.

Section 7 provides civil immunity to retail business and restaurant owners who properly detain individuals under the newly created Code Section 17-4-80 from false arrest and false imprisonment claims.

Section 8 Once passed, this Act will become effective immediately upon the Governor’s signature.

Section 9 repeals any conflicting provision remaining in the Code.