The Georgia House of Representatives passed a bill that would introduce mandatory minimum sentences of five to 25 years in prison for those convicted of crimes under the Street Gang Terrorism and Prevention Act.
The bill passed along party lines 99-74.
A “criminal street gang” is defined as:
Any organization, association or group of three or more persons, formal or informal, actually engaged in criminal gang activity. The existence of such an organization, association or group of persons who are actually connected may be demonstrated by evidence of a common name or distinctive marks, symbols, tattoos, graffiti or clothing or other distinguishing feature including, but not limited to, common activities, customs or behavior. This term does not include three or more individuals who are actually associated, whether formally or informally, who are not involved in criminal gang activity, as defined in OCGA §16-5-3(2).
2021 Georgia Code
Title 16 – Crimes and Misdemeanors
Chapter 15 – Street Gang Terrorism and Prevention
§ 16-15-4. Participation in criminal gang activities prohibited
The bill, proposed by Gov. Brian Kemp, aims to fulfill his campaign promise to eliminate gang-related crimes from Georgia’s cities and towns, while also prosecuting those who recruit youth into these criminal organizations.
The bill, introduced by Senator Bo Hatchett, a Republican from Clarkesville, would propose that any person found guilty of a felony serve a mandatory minimum sentence of five years.
Fulton County District Attorney Fani Willis said in a May 2022 interview that “75% to 80% of all violent crime that we see in our community” can be traced to gang activity.
Additionally, according to a 2018 Georgia Gang Investigators Association survey, 157 counties reported an increase in gang activity and 155 school districts reported suspected gang activity. The Georgia Bureau of Investigation’s Gang Task Force investigated 446 gang-related cases in 100 Georgia counties and in 2021 indicted more than 170 gang members.
Georgia Attorney General Chris Carr also said investigators linked 60% of all violent crimes statewide to gang affiliations.
During the debate, Republicans hit back at allegations that this legislation would set a precedent for mandatory minimum prison sentences.
See more
Senate Bill 44, passed along party lines, 99-74 this afternoon at Georgia House. This bill would establish mandatory minimum sentences of 5 to 20 years for people convicted of crimes under the Street Gang Terrorism and Prevention Act. #GaPol #TheAtlantaVoice pic.twitter.com/mq95UaTCPH
— The Atlanta Voice (@theatlantavoice) March 20, 2023
“We have removed mandatory minimum sentences,” said House Majority Leader Chuck Efstration. “So what has happened is that this term is now being used as a catchphrase to try to attack the legislation. And what we put into the law are provisions like the ones in this bill that give judges the discretion to do the right thing.”
Democrats debated for an hour that mandatory minimum sentences would not solve Georgia’s gang problems.
“This law does not implement evidence-based policies that have actually been shown to prevent children from being recruited into gangs and make us safer,” said Rep. Tanya Miller, D-Atlanta. “This law will only back down our state to appear to be cracking down on crime.”
Currently, 13-17 year olds can be charged as adults in the Georgian criminal justice system. This bill would give prosecutors the ability to try teenagers as adults under the proposed Street Gang Terrorism and Prevention Act.
“Mandatory minimum sentences are a failed policy,” said Rep. Sam Park, a Lawrenceville Democrat. “These are failed strategies and that is not my opinion. And that’s why so many of my Democratic colleagues are so staunchly opposed to mandatory minimums in this and other legislation.”
Also, Democrats said the bill could prosecute and criminalize black and brown children.
“Isn’t it true that the extension of the mandatory minimum detention period doesn’t send harsh messages to the communities? Every day it seems like black men and other minorities are lying in private prison beds,” said state assemblyman Solomon Adesanya, a Marietta-based Democrat.
The law now goes back to the Georgia Senate for final passage.
Georgia State Representative Inga Willis, D-Atlanta, speaks in the Chamber of Georgia House on Monday, March 20, 2023. Willis opposed legislation that would establish mandatory minimum sentences for individuals guilty of committing gang crimes in Georgia. (Photo: Itoro N. Umontuen/The Atlanta Voice)
“Gang violence is a fruit problem,” said Rep. Inga Willis, a Democrat from Atlanta. “Lack of opportunity, inequality and systemic prison governance are actually at the root. Gang violence is at the root of resource deserts [and] Poverty. And while I absolutely welcome proposals to fully fund QBE (Georgia’s Quality Basic Education Formula), specifically, gang violence is the result of underfunding public education by $10.2 billion since 2003. That ranks Georgia 38th in the nation on a yearly basis of student funding.”
Related
