Opponents of new Georgia cash bail crimes file lawsuit
30 crimes will soon require cash bail under law signed by Gov. Brian Kemp.
ATLANTA, Ga. (Atlanta News First) - A lawsuit has been filed against the State of Georgia challenging a new law that requires cash bail for 30 more crimes, including 18 that had been previously classified as misdemeanors.
The new laws, passed under SB-63, also limit bail fund groups to assisting with bail for no more than three individuals per year.
“This is a part of our heritage, us being able to pay for the freedom of our folks that can’t afford it,” said Bri Simpson, executive director of Barred Business, the lead plaintiff in the case against the state.
“So yeah, it’s devastating to the body of work that we do because we don’t just bail somebody out, we invest in their lives,” Simpson said in an interview with Atlanta News First on Wednesday.
In late April, Gov. Brian Kemp signed Senate Bill 63 and nine other new crime and public safety measures passed by the most recent General Assembly. The bill also limits charitable bail funds or even individuals from bailing multiple people out of jail, reserving that ability only to those who meet legal requirements to be bail bond companies.
In a bill signing ceremony in early May, Kemp said these new laws would help address repeat offenders.
“This bill will make sure dangerous criminals do not walk our streets and commit violent crimes,” Kemp said.
Now, the American Civil Liberties Union has filed a lawsuit on behalf of the Barred Business Foundation Co., an organization that describes itself as a community-based nonprofit for people who had previous involvement with the criminal justice system.
“We don’t have the luxury of just leaving our people to languish. So no, we will not stop until we are able to get equitable treatment. So what that means is litigation,” said Simpson.
On Wednesday, a spokesperson for the governor’s office said they cannot comment on pending or active litigation.
On Friday, the U.S. District Court for the Northern District of Georgia will hold an emergency hearing on the lawsuit ahead of July 1, which is when many of Georgia’s new laws are set to go into effect.
Opponents said the bill would roll back changes that were passed almost unanimously in 2018 under then-Gov. Nathan Deal. That law allowed judges to release many people accused of misdemeanors without bail.
“It is unconstitutional on many fronts,” said Cory Isaacson, legal director for the ACLU of Georgia, in an interview Wednesday.
“We think we have a very strong argument to present to the judge that this unconstitutionally restricts peoples’ speech and action. And that the state, if they want to impose these restrictions, they have to have a very good reason to do so, and they do not have that here,” Isaacson said.
Isaacson added that how the law defines “groups” and “jurisdictions” is vague and thus raises questions about enforcement.
The measure was adopted by lawmakers along straight party-line votes.
Here are the 30 crimes now qualified as “bail-restricted offenses”:
- Reckless stunt driving provided that such offense is the person’s second or subsequent offense
- Promoting or organizing an exhibition of drag races or laying drags
- Laying drags
- Reckless driving provided that such offense is the person’s second or subsequent offense
- Fleeing or attempting to elude a police officer
- Obstruction of a law enforcement officer
- Criminal trespass provided that such offense is the person’s second or subsequent offense
- Theft by taking provided that such offense is the person’s 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 an 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 provided that such offense is the person’s second or subsequent offense
- Domestic terrorism
- Riot
- Inciting to riot
- Unlawful assembly
- Possession of tools for commission of a crime
Atlanta News First and Atlanta News First+ provide you with the latest news, headlines and insights as Georgia continues its role at the forefront of the nation’s political scene. Download our Atlanta News First app for the latest political news and information.
Copyright 2024 WANF. All rights reserved.
