The legislation also broadens the cash bail system, thereby limiting the likelihood of repeat offenders securing bail.
This legislative action is a response to the numerous individuals facing RICO and terrorism charges due to their involvement in criminal activities during the ongoing "Stop Cop City" protests, which are backed by Antifa.
February 03, 2024
The bill, known as SB 63, was approved by a 30-17 vote in the Georgia Senate on Thursday and is slated for a vote in the House of Representatives on Tuesday. The bill is anticipated to secure approval in both chambers before proceeding to Governor Brian Kemp's office for final ratification.
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The new law will introduce 30 additional charges that will disqualify individuals from obtaining signature bonds or unsecured judicial releases. These charges are linked to crimes committed during protests, including unlawful assembly, obstruction of a law enforcement officer, and street racing, among others. Once the law is enacted, only elected and appointed judges will have the authority to set bonds in Georgia, thereby eliminating the power of unelected and unappointed judges to oversee bond hearings in the event of a vacancy.
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February 03, 2024
The legislation also restricts the number of times an individual, business, or organization can post cash bail annually. "No more than three cash bonds may be posted per year by any individual, corporation, organization, charity, nonprofit corporation, or group in any jurisdiction," the bill stipulates.
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The Atlanta Solidarity Fund, a prominent bail organization that has assisted Antifa-affiliated and far-left suspects implicated in crimes during the "Stop Cop City" protests, is expected to be significantly affected by this legislation.
Marlon Kautz, a spokesperson for the fund, told the Atlanta Community Press Collective, “Courts usually aren’t allowed to hold someone in jail before evidence has been presented and they’ve had a chance to defend themselves."
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Under the new law, Georgia Bail Funds must register as professional bail bondsmen with the relevant county sheriffs where they intend to operate. This registration process involves fingerprinting and a comprehensive background check conducted by the respective sheriffs and the FBI. To secure a surety bond, registered bail bondsman organizations must engage a third-party corporation, as they are still restricted to paying no more than three cash bonds annually.
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Furthermore, professional bondsmen are legally prohibited from recommending defense attorneys to clients seeking bond in Georgia, a service typically provided by the Atlanta Solidarity Fund. Violation of this provision is considered a misdemeanor under Georgia law.
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In May 2023, the Atlanta Solidarity Fund came under scrutiny when an Atlanta Police Department SWAT team and Georgia Bureau of Investigations agents raided the residence of the fund, leading to the arrest of three organizers, including Kautz, on charges of money laundering and charity fraud. This incident drew national attention.
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Georgia Attorney General Chris Carr, along with 58 other individuals, indicted these three organizers on racketeering charges as part of a crackdown on a multi-year protest movement against the Atlanta Public Safety Training Center, derogatorily referred to as "Cop City" by violent protesters.
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In a press release issued in June following the arrest of its organizers, the Atlanta Solidarity Fund stated that it began operations in 2016 "with the purpose of providing resources to protestors experiencing repression," according to the outlet. "We guarantee the protection of their rights within the criminal justice system and facilitate their access to legal representation to help them navigate the legal system."
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