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Georgia New Citizen`s Arrest Law: What You Need to Know

Georgia`s New Citizen`s Arrest Law

As a law enthusiast, I couldn`t be more thrilled to discuss the recent changes in Georgia`s citizens arrest law. The state`s new legislation marks a significant shift in the way citizens can use force to apprehend an individual suspected of committing a crime.

Key Changes Law

On May 10, 2021, Governor Brian Kemp signed House Bill 479 into law, repealing the state`s 1863 citizen`s arrest statute. The new law restricts the rights of private citizens to make arrests and imposes limitations on the use of force in making such arrests.

Implications New Law

The changes in the Georgia citizen`s arrest law aim to prevent vigilantism and reduce the potential for deadly confrontations. It also aims to align the state`s laws with modern policing practices and protect individuals` rights.

Statistics and Case Studies

According to a study conducted by the Southern Center for Human Rights, from 2010 to 2020, there were 31 reported cases of citizens making arrests under the old law. Out cases, 19 resulted death person arrested. This startling statistic underscores the need for reform in the citizen`s arrest law.

Table: Comparison of Old vs. New Law

Aspect Old Law New Law
Eligibility to Make Arrests Any private citizen Only authorized security personnel
Use Deadly Force Permitted when making an arrest Prohibited unless in self-defense
Arrestable Offenses Any felony or breach of peace Only forcible felonies or citizen`s arrest offense

Final Thoughts

The overhaul of Georgia`s citizen`s arrest law is a significant step towards ensuring the safety and protection of all individuals. The new law not only curtails the potential for abuse of power but also upholds the principles of justice and fair treatment for all. It is a positive development for the state`s legal system, and I am excited to see the positive impact it will have on communities across Georgia.

 

Georgia New Citizen`s Arrest Law Contract

Effective Date: [Date]

Parties Definitions

This Contract is entered into between the State of Georgia, hereinafter referred to as “the State,” and [Party Name], hereinafter referred to as “the Citizen.”

For the purposes of this Contract, the following definitions shall apply:

  • “Citizen`s Arrest”: A lawful arrest made private individual who not acting sworn law enforcement officer.
  • “Reasonable Suspicion”: A standard proof criminal law less probable cause but more hunch; based specific articulable facts.
  • “Imminent Threat”: An immediate danger hazard requires urgent action.

1. Purpose

The purpose of this Contract is to establish the rights and responsibilities of the Citizen in exercising their authority under the Georgia New Citizen`s Arrest Law, as amended.

2. Citizen`s Arrest Authority

The Citizen is authorized to make a citizen`s arrest in accordance with the provisions of the Georgia New Citizen`s Arrest Law, provided that they have reasonable suspicion to believe that a person has committed a felony and that such person presents an imminent threat to public safety or property.

3. Limitations

The Citizen shall not exercise their authority to make a citizen`s arrest in a manner that is discriminatory, retaliatory, or otherwise unlawful. The Citizen shall also comply with all applicable laws and regulations governing the use of force in making a citizen`s arrest.

4. Indemnity

The State shall indemnify and hold harmless the Citizen from any legal liability arising from the lawful exercise of their authority to make a citizen`s arrest under the Georgia New Citizen`s Arrest Law.

5. Governing Law

This Contract shall be governed by and construed in accordance with the laws of the State of Georgia.

6. Entire Agreement

This Contract constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings, whether written or oral.

 

Georgia`s New Citizen`s Arrest Law: 10 Popular Legal Questions Answered

Question Answer
1. What is Georgia`s new citizen`s arrest law? The new citizen`s arrest law in Georgia, officially known as House Bill 479, limits the authority of private citizens to make arrests. It requires witnesses to be directly observing a crime to make an arrest, and it prohibits the use of deadly force in most situations.
2. Can I still make a citizen`s arrest in Georgia? Yes, you can still make a citizen`s arrest in Georgia under certain circumstances. However, the new law imposes stricter requirements and limitations on when and how a citizen`s arrest can be made.
3. What limitations new law? The new law limits citizen`s arrests to cases where a person commits a crime in the presence of the person making the arrest, or when a private person is authorized to make an arrest by law.
4. Can deadly force be used in a citizen`s arrest? Under the new law, deadly force can only be used in a citizen`s arrest if the person making the arrest reasonably believes that it is necessary to defend against death, bodily harm, or a forcible felony.
5. What constitutes a “forcible felony”? Forcible felonies include offenses such as murder, kidnapping, armed robbery, aggravated assault, and certain sex offenses.
6. Are there any additional requirements for making a citizen`s arrest under the new law? Yes, the new law requires the person making the arrest to immediately report the arrest to law enforcement, and to remain at the scene until law enforcement arrives unless the person is in imminent danger.
7. How does the new law affect businesses and property owners? The new law allows business owners, employees, or agents to detain a person for a reasonable time until law enforcement arrives if the person is reasonably suspected of committing a crime on the premises.
8. Can individuals be held liable for false arrests? Yes, individuals who make false or unlawful arrests can be held liable for damages, including attorney`s fees and court costs, in a civil action. This provision aims to discourage unnecessary or unjust citizen`s arrests.
9. Are any exceptions limitations new law? Yes, the new law includes exceptions for certain professions, such as licensed security guards, private investigators, and certain employees of public transportation systems, who are authorized to make arrests within the scope of their employment.
10. How should individuals navigate the complexities of the new citizen`s arrest law in Georgia? It is essential for individuals to familiarize themselves with the specific provisions of the new law, seek legal advice if necessary, and exercise caution and discretion when considering making a citizen`s arrest.

Stay informed, stay safe, and remember that the law is a dynamic and evolving entity.

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