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GA HB1213
Bill
Status
Introduced
6/16/2020
Primary Sponsor
Jeff Jones
Click for details
AI Summary
- Replaces the concept of "citizen's arrest" with "citizen's detainment" throughout Georgia law, redefining the authority of private persons to hold alleged offenders for questioning or further action by law enforcement rather than formally arresting them
- Requires probable cause (based on personal observations) for a private person to detain someone for a felony involving an escaping offender, raising the standard from the previous "reasonable and probable grounds of suspicion"
- Limits a private person's use of force during detainment to what is reasonably necessary and prohibits the use of deadly force in property crimes; deadly force is permitted only to prevent death, great bodily injury, or the commission of a forcible felony
- Establishes an explicit right for individuals to resist unauthorized detainments by private persons using reasonable force, including deadly force if necessary to prevent death, great bodily injury, or a forcible felony
- Requires detained persons to be brought before a judicial officer or delivered to a peace officer without unnecessary delay, with release mandated if not brought before a judicial officer within 48 hours, and clarifies that the law does not grant private persons immunity from civil liability or criminal prosecution
Legislative Description
Citizens Detainment Act; enact
Last Action
House Second Readers
6/18/2020
Full Bill Text
No bill text available