---
title: HB 1175. Crimes; offense of theft by shoplifting of essential items; provide
collection: bills
id: 2025-2026/hb1175
cite_as: HB 1175, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/hb1175
md_url: https://georgiacommons.org/bills/2025-2026/hb1175.md
text_url: https://georgiacommons.org/bills/2025-2026/hb1175/text
source_url: https://www.legis.ga.gov/legislation/72786
date: 2026-02-05
status: introduced
corpus_version: bills-2026-09-13
license: Public record of the Georgia General Assembly, via LegiScan; see about.md
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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omitted: votes and history
omitted_chars: 129
omitted_url: https://georgiacommons.org/bills/2025-2026/hb1175.md?full=1
bill_number: HB 1175
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: House
bill_type: bill
status_date: 2026-02-03
last_action: House Second Readers
sponsors:
- Yasmin Neal
text_version: Introduced
has_text: true
legiscan_url: https://legiscan.com/GA/bill/HB1175/2025
upstream_id: 2106669
summaries_model: claude-sonnet-5
topic_tags:
- shoplifting law
- criminal justice
- theft penalties
- food insecurity
- county courts
---
# HB 1175. Crimes; offense of theft by shoplifting of essential items; provide
## Text
House Bill 1175
By: Representative Neal of the 79th
A BILL TO BE ENTITLED
AN ACT
To amend Article 1 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated,
relating to theft, so as to provide for the offense of theft by shoplifting of essential items; to
provide for penalty and for prosecution by citation; to provide for punishment; to provide for
a definition; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 1 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to theft,
is amended by revising subsection (b) of Code Section 16-8-14, relating to theft by
shoplifting, by adding a new paragraph to read as follows:
"(5)(A) As used in this paragraph, 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.
(B) A person convicted of the offense of theft by shoplifting, as provided in
subsection (a) of this Code section, when the property which was the subject of theft
is an essential item and when the aggregate value of such essential item or items is less
than $100.00, commits a misdemeanor and shall be punished by the local governing
authority of the county in which such theft occurred. Such local governing authority
may provide that prosecution for an offense under this paragraph shall be commenced
by the completion, signature, and service of a citation by any agent of the county who
is authorized by the local governing authority to issue citations; provided, however, that
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 in lieu of other court imposed sentencing orders or financial
obligations.
(C) The citation provided for in subparagraph (B) of this paragraph shall:
(i) State the time and place at which the accused is to appear for trial;
(ii) Identify the offense with which the accused is charged;
(iii) Include an identifying number by which such citation shall be filed with the
court;
(iv) Indicate the identity of the accused and the date of service; and
(v) Be signed by the authorized agent who completes and serves the citation.
(D) Upon the third conviction of the offense of theft by shoplifting of an essential item
under this paragraph, the defendant shall be subject to penalties provided in
subparagraph (b)(1)(B) of this subsection."
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.
## Summaries written by Georgia Commons
The following was written by claude-sonnet-5 from the text above and is not part of the bill. Quote the text, not the summary.
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.
### Plain-language summary
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 it 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.
## Status
- Status: Introduced (2026-02-03)
- Last action: House Second Readers (2026-02-05)
- Sponsors: Yasmin Neal
- Official page: https://www.legis.ga.gov/legislation/72786
> The history, votes, and amendments (129 characters) are at https://georgiacommons.org/bills/2025-2026/hb1175.md?full=1