A Georgia bill that would require cash bail for 30 crimes, including many misdemeanor crimes, is headed to Gov. Brian Kemp’s desk after receiving final approval in the House on Tuesday.
Senate Bill 63 was approved by the Republican-led House on a 97-69 vote Thursday after senators passed the bill on a 30-17 vote. The bill is in direct opposition to a law sponsored by former Gov. Nathan Deal in 2018 that allows judges to release most people charged with misdemeanors without bail.
If passed, the bill would require bail for anyone charged with a misdemeanor or a second or subsequent misdemeanor such as reckless driving or trespassing. Bail is also required for people charged with failing to appear in court on a traffic ticket if it is at least a second offense.
The measure also limits charities and individuals from being able to bail more than three people out of prison in a year, but the limit does not apply to bail bond companies that meet the legal requirements to be classified as bail bonds.
Georgia considers requiring cash bail for broader crimes
A Georgia bill seeking to tighten bail conditions is expected to go to Gov. Brian Kemp’s desk after receiving final approval in the House of Representatives on Tuesday. (St. Petersburg)
Republican Rep. Houston Gaines, who introduced the bill in the House, said the bill would ensure “Georgia will not follow the path of failure seen in other states and communities that have abolished cash bail.” said.
He posted on X (formerly Twitter) on Tuesday that Georgia is “holding criminals accountable” by requiring cash bail for more crimes.
Gaines also criticized the bail fund for being “unaccountable” and noted the indictment of the fund’s leaders who released those arrested in the riot against the proposed Atlanta Police Training Center.
Gaines added that part of the 2018 bill that requires judges to consider a person’s ability to pay when setting bail will remain law.
House Speaker John Burns, a fellow sponsor of the bill, also praised the lawmakers who passed the bill Tuesday.
“The facts are clear: Cash bail prevents recidivism and keeps bad guys off the streets. Today, the House of Representatives took a strong position to require cash bail for certain crimes, and we are committed to supporting the state of Georgia. We will continue to strive to make our communities as safe as possible!” he wrote.
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Other lawmakers who oppose the bill say it targets poor defendants and locks them up for crimes that may not result in prison time, even if they are ultimately convicted. I think it’s possible.
Supporters of the bill believe it will keep repeat offenders off the streets, but opponents say the bill would leave them behind bars for crimes that may not result in a prison sentence. I believe they are targeting “poor defendants.” (Getty)
Democratic Rep. Tanya Miller of Atlanta described the measure as “the criminalization of poverty” and said there is no evidence it would make communities safer.
“This bill will put a lot of people in jail. [offenses] “If they are thoroughly vetted through due process, even if they are found guilty, they won’t even go to jail,” Miller said.
She went on to say, “The most frightening thing about this bill is that it would criminalize churches and religious institutions that have historically been at the forefront of social justice and civil rights.”
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Kemp has said he favors more restrictive bail conditions, but has not said whether he would sign the bill once it reaches his desk.
The Associated Press contributed to this report.
