Governor To Overhaul 'Citizens Arrest' Law

ATLANTA — Gov. Brian Kemp introduced a measure Tuesday to revamp Georgia’s “citizen’s arrest” law which was invoked to justify the killing of Ahmaud Arbery.

The overhaul seeks to close any legal loopholes that would allow for “vigilantism,” according to a statement from Kemp’s office, and would repeal the state’s current “citizen’s arrest” statute in favor of code better tailored to protecting the safety and rights of Georgians.

The Georgia statute, which dates back to the Civil War, rose to attention last year after three white men in Brunswick chased and cornered an unarmed Arbery — who is Black — while he was jogging and fatally shot him after claiming to believe he was a burglar. After the Glynn County district attorney recused herself, an outside prosecutor would not bring charges against former policeman Gregory McMichael, his 34-year-old son Travis, and William “Roddie” Bryan when they claimed self-defense and invoked the citizen’s arrest law.

Kemp said he is working with state legislators on this reform to “prevent evil acts of vigilantism” and to keep people safe.

"One of the most fundamental rights of any citizen is the right to defend themselves or others, and this legislation does not undermine or infringe on that sacred protection,” he said in a statement. “This bill repeals the current Civil War-era statute in order to prevent the terrible consequences of a vague and outdated law, and clarifies when a citizen, business owner, or law enforcement officer may reasonably detain an individual.”

Rep. Bert Reeves (R-Marietta) will sponsor the bipartisan nine-step bill, Kemp officials said.

Among the sections of the reformed bill is one that allows law enforcement officers to make arrests outside of their jurisdiction under three specific circumstances:

• When an offense committed in their presence or immediate knowledge
• When an officer is assisting law enforcement officials from a different jurisdiction
• When in “hot pursuit” of an offender and the offender travels outside the officer’s jurisdiction

Another section of the bill would repeal the current citizen’s arrest statutes.

A third section outlines specific instances when private citizens are allowed to make a lawful arrest. Among others, this applies leeway to private security personnel to arrest suspects. Other situations include “shopkeeper’s privilege” which empowers business owners and their employees to detain someone suspected of theft, or provision allowing restaurant owners to hold someone attempting to “dine and dash.”

This section stipulates that the business owner must either call the police within an hour to take the detained individual into custody or release the person.

Importantly, the reformed bill states that it does not hinder Georgia’s “stand your ground” law defending self and property, but prohibits the use of force “that is likely to cause death or great bodily harm.”

More language in the proposed law protects businesses and business owners who invoke the law from civil litigation.

Amid protests sparked by Arbery’s death, as well as the deaths of Breonna Taylor and George Floyd, and the determination the U.S. Department of Justice made to investigate Arbery’s shooting as a hate crime, Georgia legislators last summer enacted statewide anti-hate crimes laws.

Kemp said on Tuesday that these proposed reforms to the citizen’s arrest law were an extension of that anti-hate legislation.

“Our effort to overhaul the citizen’s arrest statute builds on that work with a balanced approach to protecting the lives and livelihoods of ourselves, our friends, and our neighbors,” he said. “In a national political climate where it often seems like no one can agree on anything, I am proud to say this bill has broad, bipartisan support in the General Assembly, our law enforcement community, and among civil rights advocacy groups.”