By Joe Johnson
Current Georgia law mandates bail for only 14 crimes, mainly violent offenses like murder and rape.
However, under Senate Bill 63 such nonviolent crimes as unlawful assembly, failing to appear in court for a traffic violation, and possession of marijuana would be added to the list.
The pending legislation comes as a sharp rebuke to more than two decades of criminal justice reform in Georgia, including a 2018 law championed by then-governor Nathan Deal that sought to make the legal system more equitable for those accused of nonviolent misdemeanors.
Proponents of the bill, which was first introduced in 2023, say that the measure is necessary to deter crime in the state. However, the bill was voted down last session, and underwent several revisions before reaching the version that passed in the Senate. The most recent version of the bill notably excludes a provision that would have made domestic terrorism a "serious violent felony" in Georgia.
Opponents argued that even in its revised form, mandating cash bail will negatively impact low-income residents, those with mental health issues and communities of color, all of whom often face disproportionate barriers in the justice system.
If passed, the bill would have striking implications, not only for those in the criminal justice system, but for those who seek to help them. Friends and family members, religious groups and nonprofit bail funds alike would all be severely restricted by the cash bond cap, which limits them to posting bail just three times each year. Bail bond agents, who use a slightly more complex process known as surety bonds, would not face a cap on the number of bonds they can post.
The bill will now be transferred to the House for a vote. If it passes, Gov. Brian Kemp is expected to sign it into law.
Crimes that would require bail under SB63
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
Possession of 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
Participating in criminal gang activity
Habitual violator
Driving under the influence of alcohol, drugs, or other intoxicating substances
Entering an automobile or other mobile vehicle with intent to commit theft or felony
Stalking
Crimes involving family violence
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