Georgia cash bail expansion passes on Sine Die, heads to governor’s office for signature, veto

ATLANTA — As the final day of the Georgia legislative session came to an end, Sine Die, a bill expanding the list of crimes that were only eligible for cash bill passed the state House and Senate, putting it on its way to Gov. Brian Kemp for approval, or veto.

The legislation, Senate Bill 63, adds a provision that offenses which violate local ordinances can now be included for cash-only bail payments.

Additionally, the bill requires that no bail schedule, local standing order, official policy or local ordinance will allow the release of an accused individual on an unsecured judicial release before they appear in court before a judge.

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For legal purposes, SB 63 also specifies that bail will only count if it includes releasing a person by use of secured means set by law, use of a professional bondsman as defined in state code, or via property approved by the county sheriff where the offense was committed.

As stated in SB 63, no one charged with a bail-restricted offense will be eligible for release by any judge on an unsecured judicial release.

Additionally, anyone seeking to cover the cost of another’s bail may not post more than three per year for each and any individual, corporation, organization, charity, nonprofit corporation or group in any jurisdiction.

Any of the above individuals or organizations will be required to submit to the same requirements as a professional surety company, per state statute, without limitation, according to the bill.

Violation of the provision will open individuals and groups to potential prosecution for a misdemeanor.

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The American Civil Liberties Union of Georgia told Channel 2′s Richard Elliot on Thursday that if Kemp signs the bill into law, they plan to sue the state, claiming it will mean people have to stay in jail based on their income.

“SB 63 is terrible policy and on top of that, it’s unconstitutional,” Cory Isaacson, legal director for the ACLU of Georgia told Channel 2 Action News. Other criticism of the bill argued it would add to overcrowding at jails across the state.

State Sen. Randy Robertson said it was untrue that the bill would lead to overcrowding at county jails.

“A lot of the individuals, the vast, vast, vast majority based on the statistics that we received from the jail are violent felonies with those trafficking in drugs or participating in gang activity,” Robertson said.

As defined by the bill, the following offenses were defined as “bail restricted,” for the purpose of cash bail:

Murder or felony murder
Armed robbery
Kidnapping
Rape
Aggravated child molestation
Aggravated sodomy
Aggravated sexual battery
Aggravated assault
Aggravated battery
Hijacking a motor vehicle in the first-degree
Aggravated stalking
Child molestation
Enticing a child for indecent purposes
Pimping
Robbery
Burglary
Bail jumping
Escape
Possessing a firearm or knife during the commission of or attempt to commit certain crimes
Possession of firearms by convicted felons and first offender probationers
Trafficking in cocaine, illegal drugs, marijuana or methamphetamine
Participation in criminal gang activity
Habitual violator
Driving under the influence of alcohol, drugs or other intoxication substances
Entering an automobile or other mobile vehicle with intent to commit theft or felony
Stalking
Crimes involving family violence

Under the new bill provisions, the following violations are also defined as bail-restricted:

Reckless stunt driving, when the offense is a second or subsequent offense of the accused
Promoting or organizing drag race exhibitions or laying drags
Laying drags
Reckless driving, when the offense is the second or subsequent
Fleeing or attempting to elude a police officer
Obstruction of a law enforcement officer
Criminal trespass, if the offense is a second or subsequent offense
Theft by taking, if the offense is a second or subsequent offense
Theft by deception
Theft by extortion
Destruction, removal, concealment, encumbrance or transfer of property subject to security interest
Bribery
Purchase, possession, manufacture, distribution or sale of controlled substances or marijuana
Forgery
Exploitation and intimidation of disabled adults, elder persons and residents, or obstruction of a related investigation
Battery
Voluntary manslaughter
Cruelty to animals
Violation of oath by a public officer
Financial transaction card fraud
Financial transaction card theft
Identity fraud
Racketeering and conspiracy
Trafficking of persons for labor or sexual servitude
Failure to appear, if the offense is a second or subsequent offense
Domestic terrorism
Riot
Inciting to riot
Unlawful assembly
Possession of tools for the commission of a crime