§ 17-4-80 — Limited detention by certain private individuals for certain offenses; definitions; involvement of law enforcement; defenses; limited use of force

Georgia § 17-4-80

• Jurisdiction: Georgia
• Title: 17

Text

(a) As used in this article, the terms: (1) "Food service establishment" shall have the same meaning as provided in Code Section 26-2-370 . (2) "Law enforcement unit" shall have the same meaning as provided in Code Section 35-8-2 . (3) "Owner" means any person or his or her agent or employee who owns or operates a retail establishment or a food service establishment or any business owning personal property located on their own property or on the property of others on which they are conducting their business activities. (4) "Retail establishment" shall have the same meaning as provided in Code Section 16-7-2 . (b) A private person may detain an individual if such private person is: (1) An owner of a retail establishment who has reasonable grounds to believe that the individual sought to be detained has committed or attempted to commit the offense of theft by shoplifting as set forth in Code Section 16-8-14 , refund fraud as set forth in Code Section 16-8-14.1 , or theft by unlawful use of retail sales receipts or Universal Product Code labels as set forth in Code Section 16-8-17 ; (2) An owner of a food service establishment who has reasonable grounds to believe that the individual sought to be detained has committed or attempted to commit theft by taking as set forth in Code Section 16-8-2 or theft of services as set forth in Code Section 16-8-5 ; (3) An owner of any business entity operating on their own property or on the property of others on which they are doing business who have reasonable grounds to believe that the individual sought to be detained has committed or attempted to commit theft by taking as set forth in Code Section 16-8-2 or theft of services as set forth in Code Section 16-8-5 ; (4) A weight inspector under Article 5 of Chapter 2 of Title 35 when needed for purposes of performing his or her duties under such article; or (5) A licensee or registrant under Chapter 38 of Title 43 when needed in the performance of his or her business conducted in conformance with such chapter. (c) A private person who detains an individual under this Code section shall either release said individual or, within a reasonable time, contact the law enforcement unit with appropriate jurisdiction. An individual detained by a private person under this Code section who is not released shall be surrendered to a law enforcement officer together with any personal belongings removed from such individual. (d) (1) Nothing in this subsection shall be construed as limiting or altering any immunity or defense under Article 2 of Chapter 3 of Title 16. (2) Except in circumstances involving use of force in defense of self or others, involving use of force in defense of a habitation, or involving use of force to prevent the commission of a forcible felony, a person acting pursuant to this Code section shall not use force which is intended or likely to cause great bodily harm or death, but may use reasonable force to the extent that he or she reasonably believes is necessary to detain an individual.

Legislative History

Added by 2021 Ga. Laws 264,§ 3, eff. 5/10/2021.