Kemp welcomes the passage of a regulation to repeal the Georgia Residents Detention Act

ATLANTA – Georgia Governor Brian Kemp applauded the final passing of HB 479, a revision of the arrest statute for Georgian citizens, a top priority of the legislature following the assassination of Ahmaud Arbery.

The bill was passed with overwhelming bipartisan support in both the House and Senate and sent to the governor’s desk for signature.

Arbery was a black jogger with family ties to the CSRA who was shot dead in Glynn County in February 2020. The white father and son on trial on his death said they thought he was committing a crime and were trying to arrest a citizen.

The case sparked nationwide protests from many alleging racist motivation for the murder of Arbery, who is buried near Waynesboro.

“Our revision of the Georgian Citizens’ Arrest Statute is a critical balance in allowing Georgians to protect themselves and their families while removing the civil war-era language in our laws that is ripe for abuse,” said Kemp in a statement. “This legislation has widespread support from law enforcement agencies, civil rights groups and the General Assembly.”

Garden City State Representative Carl Gilliard helped fund the bill. He says he has been working on such laws for a number of years, and Georgia would be the first state to repeal a civil arrest law.

House Bill 479 cleared its final hurdle on Wednesday after the House of Representatives voted 169-0 to amend the law.

For Gilliard, the passage of the bill is personal.

“In 1957 my brother lost his life in Pembroke in what was considered a civil arrest and was mutilated. People are losing their lives every day, and people have been losing their lives since 1863, ”said Gilliard.

The Law on Arresting Citizens was enacted in 1863. After Arbery’s death last year, pressure grew on lawmakers to pass a law to get rid of it.

“Those who took his life shouted a very, loud, proud ‘citizen arrest,’ and this is a law that has been out of date and antiquated since 1863 and had up to 48 hours to detain in 1863, so it’s important that Georgia set the pace on this bill. We definitely dedicate it to Ahmaud Arbery and every other family who has lost a family member through a citizen arrest law, ”said Gilliard.

While the current Citizen Arrest Act, which allows private individuals to arrest another person, is repealed, the new law would allow security guards and camp workers to detain people accused of a crime until the police arrive.

Gilliard said lawmakers in other states, such as New York and South Carolina, are looking to repeal their citizens’ arrest laws.

He looks forward to working with them and others across the country.

Kemp has 40 days to sign or reject the bill, or has the option not to adopt it at all.

With the passing of HB 479, Georgia becomes the first state in the country to repeal and reform the Law on the Arrest of Citizens. Read the invoice here.

From reports by WRDW and WTOC