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Código Oficial de Georgia Anotado

Título 51. TORTS · Capítulo 7. FALSE ARREST, FALSE IMPRISONMENT, MALICIOUS PROSECUTION, AND ABUSIVE LITIGATION · Artículo 4. DETENTION OR ARREST ON SUSPICION OF SHOPLIFTING, THEFT, OR FILM PIRACY

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

Vigente

Actualizado hasta: Including Acts of the 2025 Regular Session of the General Assembly.

El texto siguiente es la ley tal como la imprime el estado, en inglés.

  1. Whenever the owner or operator of a retail establishment as defined in Code Section 16-7-2 or a food service establishment as defined in Code Section 26-2-370 or any agent or employee thereof detains or causes to be detained any person pursuant to Code Section 17-4-80 and any person who detains or causes to be detained a person while acting pursuant to Article 2 of Chapter 3 of Title 16 wherein the person so detained brings an action for false arrest or false imprisonment against such owner, operator, agent, employee, or person, no recovery shall be had by the plaintiff in such action when it is established by competent evidence:

  2. (1)

    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, was committing an:#

    1. (A)

      Offense authorized for detention pursuant to Code Section 17-4-80; or#

    2. (B)

      Act which caused a detention which was justified as provided in Article 2 of Chapter 3 of Title 16; and#

  3. (2)

    That the manner of the detention and the length of time during which such plaintiff was detained was under all the circumstances reasonable.#

Las notas siguientes se imprimen con la sección, pero no son ley promulgada (O.C.G.A. § 1-1-1(c)). Se muestran aparte del texto.

History

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

Amendments

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.

Editor's notes

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.

Law reviews

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).

Leer la página oficial (el PDF del estado, abierto en la página de la que se leyó este texto).

Actualizado hasta: Including Acts of the 2025 Regular Session of the General Assembly.

Texto leído de t51-(v39)-pdf.pdf, Volumen V39, edición 2017, suplemento de 2025, páginas 71 a 72; acción de fusión: replaced; SHA-256 del archivo 9104a04c683d.