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The bill was passed by the state Senate.
A controversial Republican-backed bill that would criminalize state bail and expand the list of charges that require cash or property bail has passed the Georgia Senate.
The bill comes amid ongoing protests over the construction of the Atlanta Public Safety Training Center, dubbed “Cop City” by critics. The training center will be used for specialized training for both law enforcement and fire department personnel.
The bill adds about 30 charges that cannot be released without a real estate or cash bond. These charges include unlawful assembly and obstructing a law enforcement officer, extortion and conspiracy, charges leveled against several Cop City protesters.
At least 61 people have been charged with violating the Racketeering Influenced and Corrupt Organizations Act (RICO) in connection with protests over a controversial training center. Three activists involved in the Atlanta Solidarity Fund, a bail fund that put up bonds for protesters arrested in connection with Cop City, also recently announced that they were using funds raised through networks for the strong. He was indicted on charges of charity fraud and money laundering. “The community runs the Atlanta Solidarity Fund to fund efforts to protect Atlanta’s forests,” the Associated Press reported.
The bill would also make it a misdemeanor for any “individual, corporation, organization, charity, nonprofit corporation, or group in any jurisdiction” to post more than three cash bonds in a year.
This has led local advocacy groups like Southerners On New Ground to provide relief to Black mothers and caregivers on Mother’s Day, and organizations like Atlanta Solidarity Fund to provide relief to protesters arrested during demonstrations. It will be difficult to do so.
According to legal research database Justia, bail is money that a defendant must pay to get out of jail while awaiting trial. This is collateral for the court to ensure that the defendant returns for the remainder of the criminal trial.
When Sen. Kim Jackson asked if this bill would affect the ability of church members to post bail as charities, Sen. Josh McLaughlin said it would if they followed the bill’s language. .
McLaughlin, who opposes the bill, said it would prevent defendants from going to trial in cases where they could have been released on their own recognizance, including those charged with minor or nonviolent crimes. He argued that officials would be forced to set bail. He added that conditions in Georgia’s prisons could worsen.
“We must remember that a person is innocent until proven guilty before trial,” McLoughlin said. “This means it is unconstitutional to use cash bail or pretrial proceedings as punishment.”
He also cited the Supreme Court case Citizens United v. FEC, which held that restrictions on “independent spending” are a speech ban.
Republican Sen. Randy Robertson argued the bill would make communities feel safer and address concerns about violence.
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