‘Unnecessary, dangerous’: Groups applaud effort to reform citizen’s arrest law

Published 8:00 am Wednesday, February 17, 2021

ATLANTA — Gov. Brian Kemp wants to reform the state’s Civil War-era citizen’s arrest law.

Some state lawmakers and civil rights activists have called for reform of the statute since a prosecutor used it as justification for not seeking criminal charges in the shooting death of Ahmaud Arbery, an unarmed Black man, near Brunswick in February of last year. After video of the incident became public, three white men were charged with murder. They have pleaded not guilty.

Flanked by lawmakers from both political parties, Kemp, a Republican, said Tuesday his proposal would “close dangerous loopholes that could be used to justify future acts of vigilantism.”

“I believe it is time for Georgia to take another step toward a better, safer and more just future for our state,” he said. “… This bill repeals the current Civil War-era statute, to prevent the terrible consequences of a vague and outdated law.”

The bill clarifies when business owners, security officers, private investigators, weight inspectors and off-duty law enforcement officers outside of their jurisdiction can “reasonably” detain an individual when they have knowledge that a crime was committed.

The legislation does not “undermine or infringe” on Georgians’ right to defend themselves or their property, Kemp added.

Last summer, Atlanta was among cities across the nation that saw protests against racial violence, and there were calls for Georgia lawmakers to update the state’s criminal justice laws.

The outcry sparked the bipartisan passage of a hate crimes bill — after more than a decade without one — but other reforms, like changes to the citizen’s arrest statute, were not passed before the session ended.

In his State of the State address last month, Kemp called the citizen’s arrest statute an “antiquated law that is ripe for abuse and enables sinister, evil motives.”

On Tuesday, he noted the significance of the bill’s bipartisan support. He was joined by Rep. Calvin Smyre, D-Columbus, who championed the hate crimes legislation, and members of the Glynn County delegation who represent Brunswick.

“In a national political climate where it often seems as if no one agrees on anything,” he said, “I’m proud to say the wide-reaching bipartisan group of individuals you see here today behind me supports this bill.”

Republican leaders of both the House and the Senate have agreed there’s an “appetite” for change to the 150-year-old statute and that Georgians expect it this session.

Republican Lt. Gov. Geoff Duncan said during a press conference outlining his legislative priorities that this session gives lawmakers the opportunity “to build on momentum” of the hate crimes legislation passing and that Arbery’s death was a “tragic catalyst” to make changes to the citizen’s arrest law.

Some civil rights activists argued last session that the law has been historically used to justify the killing of Black people and that it’s long overdue for state legislators to address it.

After Kemp’s announcement, the NAACP and the Southern Center for Human Rights commended him for his proposal.

“It is high time to repeal Georgia’s citizen’s arrest law,” Marissa Dodson, public policy director at the center, said. “It is unnecessary, dangerous, and has held a central role in perpetuating anti-Black vigilante violence both recently and historically.”

The Rev. James Woodall, state president of the Georgia NAACP, noted that the announcement comes a week before the one-year anniversary of Arbery’s death — Feb. 23 — and called the proposed legislation a “great first step to a more just Georgia.”

“The newly introduced bill will have to go through the entire legislative process,” Woodall said. “But we have full confidence that Gov. Kemp and legislators in both chambers and both parties will be able to make this legislation into law during this session.”

Riley Bunch covers the Georgia statehouse for CNHI’s newspapers and websites.