Led by newly re-elected Governor Brian Kemp, Republican lawmakers who control the state legislature are introducing several “hard-crime” bills in this session that undermine the eight-year legacy of criminal justice reform of Kemp’s Republican predecessor, Nathan Deal.
“We will use government resources to support law enforcement, increase penalties for criminals, fight human trafficking, and use every means at our disposal to protect your family,” Kemp said after serving for his second one last month term had been sworn in.
A handful of bills introduced in the 2023 Georgia General Assembly propose increasing prison terms for various crimes, penalizing elected prosecutors for declining to press charges with misdemeanors, and more.
Here is an overview of these GOP-sponsored bills:
Action against gang crime
The state Senate this week narrowly voted 31-22 for Senate Bill 44, broadly along the party line. The measure, which will move to the House of Representatives after Crossover Day on March 6, imposes an additional penalty on anyone convicted of a gang-related crime, including those who have recruited minors into a gang.
Georgia already has a five-year to 20-year sentence extension for gang convictions, but judges can issue probation instead of jail. The “Street Gang Terrorism and Prevention Act.” Introduced by Bo Hatchett, the Kemp Senate leader, would add five years to the sentences for anyone convicted of a gang-related crime, and ten years for those convicted of recruiting minors into a gang were convicted.
“This legislation is part of the overall approach to affirm that Georgia will not tolerate gang activity or recruitment,” said Lt. Governor Burt Jones in a press release.
The bill would allow prosecutors and judges to consider a reduced sentence in certain circumstances, including situations where the defendant did not have a gun, did not have a prior conviction for a felony, or provided “substantial assistance” in identification, arrest or conviction performs other gang members.
Some Democrats say Georgia’s criminal laws are already tough enough. “What do we want to address?” asked Senator Derek Mallow, a Democrat from Savannah, during the ground debate. “Is it leniency in sentencing? I don’t think that’s a big problem here in Georgia.”
A crime to engage in or pay for sex
Senate Bill 36 is another bill aimed at increasing prison sentences. If passed, it would be a crime for anyone to pay for sex or facilitate prostitution through pimping.
Currently, a first offense of pimping or payment for sex, legally known as “pandering,” is an offense under Georgian law that requires a minimum of 72 hours in prison. This law would make this a felony and carry a penalty for a first conviction of up to 10 years in prison and a fine of up to $100,000. A second or subsequent violation would trigger a mandatory minimum sentence of one year unless the prosecutor and defendant come to an agreement.
The Senate voted 33 to 16 to pass the bill, and it will go to the House of Representatives over Democrats’ objections that mandatory minimum sentences do not deter crime.
Classify dog fighting as organized crime
People convicted of dog fighting would face harsher sentences if Senate Bill 68 advances. The bill, authored by Sen. Rick Williams (R-Milledgeville), would reclassify dogfighting, currently considered a felony, as racketeering activity under the state’s Racketeer Influenced and Corrupt Organizations (RICO) statute. Blackmail, which carries harsher penalties, is defined as a form of organized crime in which the perpetrators set up an illegal coordinated scheme or operation (a “blackmailer”) for profit.
Currently, dog fighting carries a prison sentence of one to five years for the first offense and one to ten years for subsequent convictions. Application of the state’s RICO law would escalate this to five to 20 years in prison.
The bill passed the Senate Public Safety Committee by a 5-3 vote and was approved by all Republican members.
Get away from DAs
Elected prosecutors could face disciplinary action, removals or, more simply, voter recalls under two bills introduced by Republicans.
House Bill 231 would create a state prosecutors oversight commission to investigate complaints of misconduct by prosecutors and attorneys general and recommend penalties — including removal — to the Georgia Supreme Court. Likewise, House Bill 229 would make it easier to remove a district attorney by claiming that he does not prosecute cases. It adds wording to update a district attorney’s defined duties, stating that he must “review each individual case for which there is probable cause for prosecution and make available a prosecutor’s decision under the law.” It adds that refusing to do so would violate a prosecutor’s oath of office.
None of the bills had been voted on by Wednesday.
New focus on auto crime
House Bill 268 addresses a rise in motor vehicle crime, including carjacking, theft and burglary. A 2022 report estimated that according to Atlanta Police Department statistics, half of Atlanta’s total crime reports for Zone 5, which includes Midtown and Downtown, are car-related crimes.
Among other provisions, the bill provides for a grant program to fund vehicle-related crime prevention and the establishment of the Georgia Motor Vehicle Crime Prevention Advisory Board.
This bill has been read twice in committee but has not yet been voted on in Georgia House.
More power for the Georgia Ports Authority cops
By a bipartisan vote of 164 to 2, the Georgia House passed House Bill 35, which would expand the arresting powers of the Georgia Ports Authority (GPA) security forces and police. They currently have the power to make arrests for traffic offenses and accidents on Port Authority property and the law would extend this to incidents within a mile of their property.
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