A controversial Republican-backed bill that would criminalize state bail funds and expand the list of charges requiring cash or property bail has been signed into law by Gov. Brian Kemp.
“This bill implements important bail reforms that will ensure that dangerous individuals cannot walk our streets and commit other crimes,” Kemp said, in statements provided by his office regarding signing the bill.
The legislative move comes amid ongoing protests over the construction of the Atlanta Public Safety Training Center, dubbed “Cop City” by its critics, which will be used for specialized training of law enforcement and firefighters.
The bill adds about 30 charges that could not be released without property or cash bail. Those charges include unlawful assembly and obstructing a law enforcement officer, as well as racketeering and conspiracy – charges that have been filed against several “Cop City” protesters.
At least 61 people have been indicted for allegedly violating the Racketeer Influenced and Corrupt Organizations (RICO) Act in connection with protests against the controversial training center. Three activists involved with a bail fund, the Atlanta Solidarity Fund, which posted bail for protesters arrested in connection with “Cop City” were also recently charged with charitable fraud and money laundering for allegedly “inducing erring contributors using funds raised through the Network for Strong.” Communities, which manages the Atlanta Solidarity Fund, to finance the actions of Defend the Atlanta Forest,” according to the Associated Press.
The bill would also make it an offense for “any individual, corporation, organization, charity, non-profit corporation or group in any jurisdiction” to submit more than three cash bonds per year. Bail is the money a defendant must pay to get out of jail while awaiting trial, according to the Justia legal research database. This is a safeguard for the court to ensure that the accused will return for the remainder of their criminal trial.
This bill could make it harder for local advocacy organizations like Southerners On New Ground to bail out Black mothers and caregivers on Mother’s Day or for groups like the Atlanta Solidarity Fund to bail out protesters arrested during protests, according to lawmakers who oppose the bill. Invoice.
In this Nov. 6, 2023, file photo, “Stop Cop City” protesters demonstrate outside the Fulton County Courthouse as 61 other protesters are arraigned on RICO (racketeer-influenced organizations and corrupt) in Atlanta.
Erik S. Lesser/EPA via Shutterstock, FILE
When Sen. Kim Jackson asked if the bill would impact her congregation’s ability to post bail as a charity, Sen. Josh McLaurin responded that it would, per the wording of the bill. legislation.
In this Jan. 11, 2024, file photo, Georgia Gov. Brian Kemp delivers the State of the State address in Atlanta.
Brynn Anderson/AP, FILE
McLaurin — who opposes the bill — argued that it would require judges to set bail even in cases where defendants would otherwise have been released on their own recognizance, including those charged with minor offenses or non-violent. He added that it could worsen conditions in Georgia’s prisons.
“We have to remember that someone is innocent until proven guilty on remand,” McLaurin said. “So that means it’s unconstitutional to use cash bail or pretrial proceedings as punishment.”
Republican Sen. Randy Robertson argued the legislation would make communities feel safer and address concerns about violence.
“Our county jails are not overcrowded with offenders who cannot afford bail,” he said, according to local media outlet Georgia Recorder.
He also cited the Supreme Court case – Citizens United v. FEC – which ruled that restrictions on “independent expenditures” constitute a ban on speech.
ABC News
