House unanimously passes bill to repeal citizen's arrest law
Mar. 9—ATLANTA — House lawmakers unanimously passed a measure Monday that would do away with Georgia's Civil War-era citizen's arrest law.
The "vigilante style" killing of Ahmaud Arbery, an unarmed Black man, in Brunswick last year sparked statewide calls for the law to be repealed after a prosecutor used it as justification for not seeking criminal charges.
In the beginning of the legislative session, Gov. Brian Kemp pledged to lead an effort to do away with what he called earlier this session "antiquated law that is ripe for abuse and enables sinister, evil motives."
The measure would repeal the old law completely but still offers a number of protections for Georgians defending themselves or their property.
It 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.
St. Simon's Republican Don Hogan, from the same county where Arbery was killed, got emotional at the well.
"Ahmaud jogged that road, everyday. In fact he lived across the road. He had on his jogging shoes and the jogging outfit and he was not doing anything wrong but just jogging down the road," he said. "...That heinous crime that was committed against a young man who was a citizen in my community, it has been very upsetting. Many sleepless nights worried about the family."
Voting for the bill is "the right thing to do," Hogan said.
The push to repeal the 150-year-old statute comes on the heels of lawmakers' passage of historic hate crimes legislation last session after Atlanta joined nationwide protests for social justice and police reform.
Columbus Democrat Dean Calvin Smyre, the longest serving member under the Gold Dome, led the push for hate crimes legislation last year. After visiting Brunswick and meeting Arbery's family, he said the General Assembly should next repeal the citizen's arrest law.
"It's lingered too long. Too much has happened. Too many people have died. Now's the time for us to move the cloud again on the citizen's arrest," he said on the floor. "... I just come today with a heavy heart, asking you to vote yes. Now is the time. If not now, when?"
Other lawmakers recounted their experiences after the tragic death of Arbery and their time spent mourning with his family. Hephzibah Democrat Rep. Gloria Frazier took part in the vigil on the one-year anniversary of his killing last month. She said she was "shaken to the core by the deep cry" of Arbery's mother, Wanda Cooper.
"Let's give Ms.Wanda Cooper a degree of peace for a lifetime of sorrow that she will suffer," she said.
In all, 173 House members voted in favor of doing away with the statute that criminal justice advocates say was historically used for the justification of killing Black people.
Rep. Al Williams, D-Midway, said when he first stepped foot under the Gold Dome, it would be "impossible" for a bill like the repeal of the citizen's arrest to get to the floor.
"As sad as it is, how it looks like there is no light, out of his death comes this day," Williams said. "We have the opportunity to say to America: this is not the Georgia of old."
