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

Sam Sachs
·4 min read
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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

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