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

26 LC 48 1705 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 Cod e of Georgia Annotated,1 relating to theft, so as to provide for the offense of theft by shoplifting of essential items; to2 provide for penalty and for prosecution by citation; to provide for punishment; to provide for3 a definition; to provide for related matters; to repeal conflicting laws; and for other purposes.4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:5 SECTION 1.6 Article 1 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to theft, 7 is amended by revising subsection (b) of Code Section 16-8-14, relating to theft by8 shoplifting, by adding a new paragraph to read as follows:9 "(5)(A) As used in this paragraph, the term 'essential item' me ans a food or toiletry10 good or merchandise that is necessary and fundamental for a person's daily survival and11 basic well-being.12 (B) A person convicted of the offense of theft by shoplifting, as provided in13 subsection (a) of this Code section, when the property which wa s the subject of theft14 is an essential item and when the aggregate value of such essential item or items is less15 than $100.00, commits a misdemeanor and shall be punished by th e local governing16 H. B. 1175 - 1 - 26 LC 48 1705 authority of the county in which such theft occurred. Such local governing authority17 may provide that prosecution for an offense under this paragraph shall be commenced18 by the completion, signature, and service of a citation by any agent of the county who19 is authorized by the local governing authority to issue citations; provided, however, that20 no fine shall be assessed, and the court may order that community service, which may21 include an assignment to a local food pantry or nonprofit organization, be considered22 as a condition of probation in lieu of other court imposed sentencing orders or financial23 obligations.24 (C) The citation provided for in subparagraph (B) of this paragraph shall:25 (i) State the time and place at which the accused is to appear for trial;26 (ii) Identify the offense with which the accused is charged;27 (iii) Include an identifying number by which such citation sha ll be filed with the28 court;29 (iv) Indicate the identity of the accused and the date of service; and30 (v) Be signed by the authorized agent who completes and serves the citation.31 (D) Upon the third conviction of the offense of theft by shoplifting of an essential item32 under this paragraph, the defendant shall be subject to penalti es provided in33 subparagraph (b)(1)(B) of this subsection."34 SECTION 2.35 All laws and parts of laws in conflict with this Act are repealed.36 H. B. 1175 - 2 -