51-7-60. Preclusion of recovery for detention of person suspected of theft under certain circumstances.

Ga. L. 1958, p. 693, § 1; Ga. L. 2014, p. 404, § 2-4/SB 382; Ga. L. 2021, p. 625, § 7/HB 479.

The 2021 amendment, effective May 10, 2021, substituted the present provisions of the introductory paragraph for the former provisions, which read: “Whenever the owner or operator of a mercantile establishment or any agent or employee of the owner or operator detains, arrests, or causes to be detained or arrested any person reasonably thought to be engaged in shoplifting or refund fraud and, as a result of the detention or arrest, the person so detained or arrested brings an action for false arrest or false imprisonment against the owner, operator, agent, or employee, no recovery shall be had by the plaintiff in such action where it is established by competent evidence:”, substituted the present provisions of paragraph (1) for the former provisions, which read: “That the plaintiff had so conducted himself or herself or behaved in such manner as to cause a person of reasonable prudence to believe that the plaintiff, at or immediately prior to the time of the detention or arrest, was committing the offense of shoplifting, as defined by Code Section 16-8-14, or refund fraud as defined in Code Section 16-8-14; or”, and deleted “or arrest” following “detention” in paragraph (2). See Editor’s note for applicability.

Ga. L. 2021, p. 625, § 8/HB479, not codified by the General Assembly, provides, in part, that: “This Act shall not apply to rights and duties that matured, penalties that were incurred, or proceedings that were begun before the effective date of this Act.” This Act became effective May 10, 2021.

For note, “Publicly Funded Private Security: A Critical Examination of Georgia Law Pertaining to the Private Employment of Off-Duty Police Officers,” see 51 Ga. L. Rev. 879 (2017). For article, “HB 479: Repeal of Georgia’s Citizen’s Arrest Law,” see 38 Ga. St. U.L. Rev. 25 (2021).