Part of Ga. bail law temporarily blocked from taking effect
ATLANTA, Ga. (Atlanta News First) - Part of a new law that would now require a cash bail for over two dozen more crimes has been temporarily halted from going into effect.
The United States District Court for the Northern District of Georgia has issued a temporary restraining order from enforcing a certain section of the law, also known as SB 63. The new law would also limit bail fund groups from assisting with bail for no more than three individuals a year — the section of the law temporarily halted from going into effect.
The other sections of the law will still go into effect on July 1.
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The order is for 14 days.
The restraining order follows a lawsuit from the ACLU and the Barred Business, an Atlanta-based nonprofit.
“We are encouraged by the judge’s ruling and its recognition that this law is unnecessary, harmful and likely unconstitutional. We are relieved for our plaintiffs and the many people across the state that they serve. It’s unconscionable that people doing charitable bail work would face criminal penalties simply because they are helping people who are languishing in jail because of their poverty and have no other means of relief,” Cory Isaacson, ACLU of Georgia legal director, said.
Gov. Brian Kemp, who signed the bill into law in April, was named in the lawsuit.
Here are the 30 crimes the law defines as “bail-restricted offenses”:
- 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 tres 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
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