HB 1175: Crimes; offense of theft by shoplifting of essential items; provide

Under current Georgia law, theft by shoplifting is punished based on the value of the goods taken, with penalties that can include fines and jail time. This bill adds a new category for shoplifting 'essential items,' defined as food or toiletry goods necessary for daily survival and basic well-being. When the stolen essential items are worth less than $100 total, the offense becomes a misdemeanor punished according to rules set by the local county government where the theft happened. Counties could allow the case to be handled through a citation issued by an authorized county agent rather than a full arrest, and courts could not impose a fine, instead potentially requiring community service such as work at a food pantry or nonprofit as a condition of probation. If someone is convicted of this offense a third time, they would face the harsher penalties that already apply to repeat shoplifters under existing law.

• Creates a new misdemeanor category for theft by shoplifting when the stolen goods are food or toiletry items (defined as 'essential items') worth less than $100 total.
• Lets county governing authorities set punishment for this offense and allow prosecution to start with a citation issued by an authorized county agent instead of a standard arrest.
• Bars courts from imposing a fine for this offense and allows community service, including work at a food pantry or nonprofit, as a probation condition instead.
• Sets specific requirements for the citation, including the time and place to appear, the charge, an identifying case number, the accused's identity, and the issuing agent's signature.
• Escalates punishment to the existing, harsher repeat-offender penalties under O.C.G.A. § 16-8-14 upon a third conviction for shoplifting essential items.

People accused of shoplifting food or toiletry items worth under $100, county governments and their citation-issuing agents, local courts handling these cases, and organizations like food pantries or nonprofits that could host community service placements.

People caught taking small amounts of food or hygiene products could avoid fines and instead face community service, and cases could move through a citation process rather than arrest, changing how minor shoplifting is handled county by county. Repeat offenders would still face the standard, tougher shoplifting penalties on a third conviction.

• Section 1 amends O.C.G.A. § 16-8-14(b), Georgia's theft by shoplifting law, by adding paragraph (5) covering 'essential items.'
• Subparagraph (A) defines 'essential item' as a food or toiletry good or merchandise necessary and fundamental for daily survival and basic well-being.
• Subparagraph (B) makes shoplifting essential items worth less than $100 total a misdemeanor punished as set by the local county governing authority, bars fines, and allows community service such as food pantry work as a probation condition.
• Subparagraph (B) also lets counties choose to start prosecution through a citation issued by an authorized county agent instead of a standard charging process.
• Subparagraph (C) lists required contents of the citation: appearance time and place, the charge, a case identifying number, the accused's identity and service date, and the issuing agent's signature.
• Subparagraph (D) applies the existing harsher penalties in subparagraph (b)(1)(B) of the shoplifting law upon a third conviction for this offense.
• Section 2 repeals any conflicting laws.

1. 2026-02-05House Second Readers (House)
2. 2026-02-04House First Readers (House)
3. 2026-02-03House Hopper (House)

• Yasmin Neal (D, HD-079)Primary sponsor

• shoplifting law
• criminal justice
• theft penalties
• food insecurity
• county courts