Citizen’s arrests in Georgia to face limits in General Assembly bill

Gov. Brian Kemp and state lawmakers detailed proposed changes to Georgia’s citizen’s arrest law on Feb. 16, 2021. (Photo by Beau Evans)

ATLANTA – State officials unveiled details of a bipartisan bill Tuesday aimed at revising Georgia’s citizen’s arrest law to limit who can detain someone suspected of a crime.

The first major criminal-justice measure proposed in the 2021 legislative session, sponsored by Rep. Bert Reeves, R-Marietta, would repeal a current Georgia law that broadly allows private citizens to detain someone who commits a crime in their presence or during an escape attempt.

It would still allow owners and employees in businesses including restaurants, as well as security guards and out-of-jurisdiction police officers, to detain those believed to have committed a crime on their property – so long as they’re handed over to local authorities within an hour.

The proposed changes would not affect the state’s stand-your-ground law or any other legal protections for Georgians who seek to reasonably defend themselves from crimes committed against themselves or others, officials stressed at a news conference Tuesday.

“Our bill to overhaul the citizen’s arrest statute is a balanced approach to protecting the lives and livelihoods of ourselves, our friends [and] our neighbors, while also preventing rogue vigilante-ism from threatening the security and God-given potential of all Georgians,” said Gov. Brian Kemp.

Kemp, joined by more than a dozen top state lawmakers from both parties, called the state’s current Civil War-era citizen’s arrest law “an antiquated law that is ripe for abuse.”

He said the bill stems from the killing of Ahmaud Arbery, a Black man who was jogging in a neighborhood outside Brunswick on Feb. 23, 2020, when two white men who suspected him of robbing a nearby home under construction shot him dead while trying to detain him.

The two men, Travis and Gregory McMichael, were arrested months later after protests over police brutality and racial injustice swept across the country and drew attention to the lack of action in the case by coastal Georgia authorities. They have pleaded not guilty, citing the citizen’s arrest law.

Anger over Arbery’s death and protests over the killing of George Floyd by a police officer in Minnesota on May 25, 2020, convinced a bipartisan slate of Georgia lawmakers last June to pass legislation outlawing hate crimes in the state. The citizen’s arrest bill follows up on that measure, Kemp said.

“Like the anti-hate crimes legislation, reforming Georgia’s citizen’s arrest statute is first and foremost about who we are as a state,” Kemp said Tuesday. “In Georgia, we value lives … regardless of race, creed or culture.”

The bill comes as Democratic lawmakers push a wide-ranging package of criminal-justice reform proposals including bans on certain police tactics like no-knock warrants and chokeholds, citizen-led oversight of inquiries into officer-involved shootings and stronger standards for use-of-force training.

Republican lawmakers have taken a less-expansive approach to criminal justice this session, so far filing bills to ease employment challenges for people on probation and carrying out Kemp’s priority to crack down harder on human trafficking.

So far, Reeves’ measure on citizen’s arrests faces the best odds for passing in the Republican-controlled General Assembly, despite wariness by some Democratic leaders to accept the proposed legal protections for business owners to detain suspected criminals.

Rep. Calvin Smyre, D-Columbus, who is the legislature’s longest-serving member, sought to quell concerns from within his party Tuesday by assuring the bill has backing from criminal-justice advocates and has elicited “excitement” from Arbery’s family.

“I think we’re on pretty good footing,” Smyre said after the news conference. “We assured the [Arbery] family and those in Brunswick that citizen’s arrest would be our next move. … It would have been an abdication of our responsibility if we had not touched citizen’s arrest early on in this legislative session.”

The bill also has support from James Woodall, the president of Georgia’s chapter of the National Association for the Advancement of Colored People, saying he “fully endorses” Reeves’ measure.

“We urge members of both parties and in both chambers to do the same,” Woodall said.

‘Express lane’ children’s Medicaid bill clears Georgia House

Georgia Rep. Sharon Cooper

ATLANTA – The Georgia House of Representatives unanimously passed legislation Tuesday that would make it easier to enroll low-income children in Medicaid.

Under House Bill 163, children in families that are eligible for food stamps could be enrolled in Georgia’s Medicaid program automatically rather than having to go through the normal application process.

“For many families, this is difficult,” said state Rep. Sharon Cooper, R-Marietta, chairman of the House Health and Human Services Committee and the bill’s chief sponsor. “They don’t have computers, they live in South Georgia where there’s no internet, or don’t have a car to go to the DFCS [Division of Family and Children Services] office.

“We have children today who are eligible for Medicaid but aren’t getting it because of this glitch.”

If it becomes law, the “express lane” bill would allow an estimated 60,000 additional Medicaid-eligible Georgia children to enroll in the joint state-federal health coverage program, according to the nonprofit advocacy group Georgians for a Healthy Future.

Cosponsors of the bill include Reps. Houston Gaines, R-Athens; Katie Dempsey, R-Rome; Spencer Frye, D-Athens; Eddie Lumsden, R-Armuchee , and Mesha Mainor, D-Atlanta.

The legislation now moves to the Georgia Senate.

Georgia House passes parental leave measure

Georgia Rep. Houston Gaines

ATLANTA – State employees and Georgia teachers would be able to take up to three weeks of paid parental leave under legislation the state House of Representatives passed overwhelmingly Tuesday.

The bill, which passed 155-2, would apply to parents following the birth of a child of their own, an adopted child or a foster-care placement.

The House passed the same bill last March, shortly before the General Assembly was forced to take a three-month break because of the coronavirus pandemic.

When lawmakers returned to the Capitol, the state Senate essentially gutted the bill and swapped in a different measure reducing legislators’ salaries in a bid to cut costs because of the pandemic. When the House refused to go along with the change, the bill died.

“This is something [former] President Trump and Ivanka Trump led on at the national level,” Rep. Houston Gaines, R-Athens, the legislation’s chief sponsor, told his House colleagues Tuesday. “This is a positive step forward for the state.”

The legislation is a priority of House Speaker David Ralston, R-Blue Ridge, who instituted a parental leave policy for House employees two years ago.

The bill’s cosponsors include House Speaker Pro Tempore Jan Jones, R-Milton, and Reps. Sharon Cooper, R-Marietta; Marcus Wiedower, R-Watkinsville; Bonnie Rich, R-Suwanee and Terry England, R-Auburn.

The legislation now moves to the Georgia Senate.

Bill to block defunding police in Georgia advances in state House

Thousands gathered outside the State Capitol to protest police brutality and racial injustice as lawmakers met for the 2020 legislative session on June 19, 2020. (Photo by Beau Evans)

A bill aimed at preventing Georgia city and county governments from making deep cuts in the budgets of their local police agencies advanced in the Georgia House of Representatives Tuesday.

Sponsored by state Rep. Houston Gaines, R-Athens, the bill would limit local governments from reducing funds for police by more than 5% over a 10-year span. It includes exemptions for smaller jurisdictions and for spending on equipment purchases.

Gaines highlighted recent failed attempts by some Athens and Atlanta elected officials to slice millions of dollars from their police budgets amid protests over police brutality and racial injustice that swept across Georgia and the country last summer.

“These efforts are underway in our state and certainly something I think we need to fight against,” Gaines said. “We all recognize that supporting law enforcement is of the utmost importance and, in my opinion, the most important role that our local governments have.”

Gaines’ bill cleared the House Governmental Affairs General Government Subcommittee on a party-line vote. It heads to the full committee for another vote before potentially moving to the House floor.

The bill comes after last summer’s protests following high-profile killings of Black men by police officers, including the deaths of George Floyd in Minnesota and Rayshard Brooks in Atlanta.

Property destruction and violence at some of those protests sparked a backlash from conservative leaders over a push by some progressive officials to curb police funding, dubbed “defund the police.” The subject took center stage as an issue for both political parties in the 2020 election cycle.

Opposition to the bill came Tuesday from the Georgia Municipal Association and the Association County Commissioners of Georgia (ACCG), which represent city and county governments. Decisions on police funding should be left to local officials, said Todd Edwards, ACCG’s deputy legislative director.

“Police power is one of our inherent or supplemental powers under the constitution,” Edwards said. “We’d like to maintain our flexibility to fund and manage police forces how our local elected officials – those accountable to the public – feel is the best use of taxpayer dollars.”

Georgia a top-10 exporting state for the first time

Georgia Economic Development Commissioner Pat Wilson

ATLANTA – Georgia was ranked among the nation’s 10 top exporting states last year for the first time, Gov. Brian Kemp announced Monday.

Georgia businesses exported $38.8 billion in goods in 2020, reaching 215 countries and territories and suffering the lowest rate of export contraction among the top-10 states, despite the economic effects of the coronavirus pandemic.

“Over the last year, hardworking Georgians showed their tenacity and their determination to transform obstacles into opportunities,” Gov. Brian Kemp said. “These numbers are yet another example of their strength.”

Georgia’s total trade last year reached $137.7 billion, spanning 221 countries and territories.

The state’s top five export markets were Canada, Germany, China, Mexico and Singapore. Several export markets experienced significant growth, with exports to Germany increasing nearly 50%, followed by China and Hong Kong at 45% and 41%, respectively.

Increased exports to China reflect purchases made under a trade agreement the U.S. and China signed in January 2020. The return of market access for U.S. poultry proved a huge benefit to Georgia producers.

About two-thirds of Georgia trade involves the 12 strategic markets where the state maintains representation: Brazil, Canada, Chile, China, Colombia, Europe, Israel, Japan, Korea, Mexico, Peru, and the United Kingdom.

“Georgia’s network of international representatives around the world provides our state’s businesses with a unique resource,” said Pat Wilson, commissioner of the Georgia Department of Economic Development. “Particularly during 2020 – when needs, supply chains, and conditions were changing rapidly – our international offices provided timely information that proved to be an incredible asset for our state’s growers, manufacturers, and business community as a whole.”

About 90% of Georgia merchandise exports are manufactured goods, and the state’s manufacturing exports have grown by more than 30% over the last 10 years.

Aerospace products, the state’s second-largest manufacturing industry, remain the state’s No.-1 export, totaling $9.98 billion in 2020. Aerospace exports to Hong Kong surged more than 140% last year, while Germany remains the top customer for these products.