Georgia CommonsHouse · Introduced · 2025-2026 Regular Session
HB 1175: Crimes; offense of theft by shoplifting of essential items; provide
Last action February 5, 2026 · House Second Readers
A Georgia House bill would create a lesser charge for shoplifting food or toiletry items worth less than $100, letting counties handle it by citation with no fine and possible community service instead of standard shoplifting penalties.
The summaries below were written by an AI model (claude-sonnet-5) from the text of the bill and are not part of it. Quote the text, not the summary. The stored text is the Introduced version, the latest the General Assembly's website lists.
In plain language
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.
What the bill does
- 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.
Who it affects
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.
Why it matters
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.
Key provisions
- 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.
From the bill
“the term 'essential item' means a food or toiletry good or merchandise that is necessary and fundamental for a person's daily survival and basic well-being.”
“no fine shall be assessed, and the court may order that community service, which may include an assignment to a local food pantry or nonprofit organization, be considered as a condition of probation”
Discussed in meetings (3)
The House and Senate meetings that took this bill up, from their machine transcripts. Each account was written by Georgia Commons with AI and is not part of the record; the video is what was said.
House Judiciary Non-Civil Committee, March 6, 2026
From 0:25:53 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: The sponsor said HB 1175 would connect people sentenced for stealing essential food, toiletries or other daily necessities with food pantries, community service or nonprofit assistance to prevent repeat theft. A Georgia Association of Criminal Defense Lawyers witness said the revised version reduced the qualifying total value from $100 to $50, prohibited fines and allowed up to 10 days of confinement. The witness later explained technical changes using existing citation procedures and community-service provisions. Discussion paused because members lacked the correct substitute, then resumed later. One committee member opposed the proposal, warning that repeated theft could cause stores to close and worsen access to groceries. The sponsor argued that jail costs can outweigh the value of stolen items and said confinement was added after consulting grocery and convenience stores. Asked whether judges could already impose similar sentences, the sponsor agreed they could. Another member asked which chief judges had supported the proposal, and the sponsor identified three. The committee rejected the substitute on a voice vote, with no numerical tally announced.
Status timeline
- House Second Readers (House)
- House First Readers (House)
- House Hopper (House)
Sponsors
- Yasmin Neal (D, HD-79)
Topics
- shoplifting law
- criminal justice
- theft penalties
- food insecurity
- county courts