Proposed legislation could result in more people being required to pay bail
A new bill in Georgia aims to expand the use of cash bail for certain misdemeanor offenses. If passed into law, the bill would make bail mandatory for individuals accused of misdemeanor battery, as well as those with a second or subsequent offense of reckless driving or criminal trespass.
Limiting bail for traffic offenses
In addition, the bill would require bail for individuals charged with failing to appear in court for a traffic ticket, if it’s at least their second offense. The measure also includes a provision that restricts charitable organizations and individuals from bailing out more than three people in a year. However, this restriction does not apply to bail bond companies that meet the necessary legal requirements.
Supporters argue for accountability
Republican Rep. Houston Gaines, the bill’s sponsor in the House, asserts that the legislation sends a clear message: “Georgia is not going down the path of failure seen by other states and communities that have eliminated cash bail.” Gaines took to X, formerly Twitter, to express his belief that Georgia is holding criminals accountable by requiring cash bail for a wider range of offenses. He also criticized bail funds, calling them “unaccountable” and highlighting recent indictments related to funds that freed those arrested.
Gaines emphasized that the 2018 measure, which requires judges to consider a person’s ability to pay when setting bail, would remain in effect.
Speaker of the House supports the bill
Speaker of the House Jon Burns, another proponent of the bill, commended lawmakers for passing it on X. In a statement, he stated, “The facts are clear: cash bail prevents repeat offenses and keeps bad actors off the streets. Today, the House took a strong stand by requiring bail for a broader range of offenses, and we will continue working to make Georgia communities as safe as possible!”
Opposition and concerns
However, some lawmakers oppose the bill, arguing that it unfairly targets defendants from low-income backgrounds. They fear that this legislation could potentially leave these individuals stranded in jail for crimes that may not result in incarceration if they are ultimately convicted.
Democratic Rep. Tanya Miller called the bill a “criminalization of poverty” and questioned its effectiveness in making communities safer. Miller expressed concern about the impact on churches and religious institutions that have historically been at the forefront of social justice and civil rights causes.
Governor’s decision pending
While Governor Brian Kemp has expressed support for the bill, he has yet to announce whether he will sign it into law once it reaches his desk. The final decision rests with him.
This report contains information from The Associated Press.
