HB1175: HB1175 Crimes; offense of theft by shoplifting of essential items; provide

Georgia's shoplifting law (O.C.G.A. § 16-8-14) currently treats theft by shoplifting as a misdemeanor or felony depending on the value stolen, with standard court fines and penalties. This bill adds a new category for 'essential items,' defined as food or toiletry goods necessary for a person's daily survival and basic well-being. When someone is convicted of shoplifting essential items worth less than $100 total, the county's local governing authority would handle punishment instead of standard court processes. Counties could let authorized agents issue citations rather than making arrests, and courts could waive fines entirely in favor of community service, such as working at a food pantry, as a condition of probation. However, if someone is convicted a third time under this provision, they would face the tougher penalties normally reserved for repeat shoplifting offenders under existing law.

• Creates a new legal category of 'essential item' theft by shoplifting, covering food or toiletry goods needed for daily survival and well-being.
• Allows counties to prosecute shoplifting of essential items under $100 through citations issued by authorized county agents instead of standard arrest and court procedures.
• Lets courts waive fines for a first or second essential-item shoplifting conviction and substitute community service, including work at a food pantry or nonprofit.
• Requires citations to include the trial date and place, the charge, an identifying number, the accused's identity, service date, and the issuing agent's signature.
• Escalates punishment to the standard repeat-offender penalties under existing law upon a third conviction for shoplifting essential items.

People accused of shoplifting food or toiletries worth less than $100, county governing authorities and their citation-issuing agents, local courts handling these cases, and food pantries or nonprofits that might host court-ordered community service.

People caught taking small amounts of food or toiletries could avoid fines and possibly avoid a traditional arrest process, instead doing community service, while counties gain new authority over how these minor cases are prosecuted and punished, at least for the first two offenses.

• Section 1 adds a new paragraph (5) to O.C.G.A. § 16-8-14(b), defining 'essential item' as food or toiletry goods necessary for daily survival and basic well-being.
• Sets the threshold for this special treatment at essential items with an aggregate value under $100.00.
• Gives local governing authorities the power to determine punishment and allows them to authorize citation-based prosecution instead of standard charges.
• Bars fines under this provision and lets courts substitute community service, including food pantry or nonprofit work, as a probation condition.
• Specifies five required elements for any citation issued under this provision, including trial time and place, the charge, a filing number, and the agent's signature.
• Requires that a third conviction for essential-item shoplifting be punished under the harsher repeat-offender penalties already in subparagraph (b)(1)(B) of the theft by shoplifting law.

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 penalties
• food insecurity
• county courts
• theft crimes