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Legislative Update: Sine Die Edition

The Georgia General Assembly adjourned sine die over midnight on Thursday, March 30, ending the 2023 session. Over the last three months, lawmakers have debated hundreds of bills, including dozens that will impact the criminal legal system. Southern Center’s state policy team was present with our partners throughout the session advocating for evidence-based reforms to mitigate the harm experienced by those entrapped in the criminal legal system. 

Thanks to all our partners and supporters, and special thanks to our state policy team including Public Policy Counsel Kaitlyn Malloy, Public Policy Associate James Woodall and Audra Murphy, our 2023 Policy Intern, for working tirelessly in advocating for equity in our legal system and fighting against harmful legislation this session.

Read on to learn more about the bills we worked on this session and find out what made it to the Governor’s desk.  

Bills We Support 

  • HB 126, sponsored by Rep. Tyler Paul Smith and brought forth by the Georgia Association of Criminal Defense Lawyers, improves procedure related to out-of-time motions for new trial and appeals in criminal cases. This bill has been passed by the Senate and House and now awaits the signature of the governor. 
  • SB 157, sponsored by Sen. Brian Strickland and brought forth by the Georgia Justice Project, eliminates some barriers in the occupational licensing process to support people with criminal records returning to the workforce. The bill also expands access to criminal record restriction. The bill has been passed by the Senate but was not voted on by the House, so it has been recommitted to the House Judiciary Non-Civil Committee.  
  • SB 272, sponsored by Sen. John Kennedy, reestablishes the Criminal Case Data Exchange Board, which is responsible for reviewing the feasibility of a system to track and analyze criminal history data related to recidivism, criminal plea agreements, immunity defenses, and post-adjudication proceedings. This bill has been passed by the Senate and House and now awaits the signature of the governor. 

Bills We Oppose 

  • SB 44 has been passed by the House and Senate, over the objections of the community and criminal legal reform advocates. Sponsored by Sen. Bo Hatchett on behalf of Governor Kemp, SB 44 imposes mandatory minimums for gang offenses, punishing children who are charged under an overbroad gang statute, and enhances penalties for recruitment of minors or people with disabilities into gangs. The bill also mandates cash bail for anyone who has had a bench warrant issued for their arrest for failure to appear for any offense, not including traffic violations, in the last five years. This bill, which will only increase jail and prison populations and undermine public safety, now awaits the governor’s signature.  
  • SB 63, sponsored by Sen. Randy Robertson, mandates cash bail for more than 30 additional offenses, including many misdemeanors, and prohibits own recognizance bonds for anyone with a felony conviction in the last seven years. This bill has been passed by the Senate but was not voted on by the House after our advocacy alongside several other partners. It returns back to the House Judicial Non-Civil Committee.  
  • SB 92, sponsored by Sen. Randy Robertson, creates the Prosecutor Qualifications Commission which shall have the power to discipline, remove, and cause involuntary retirement of elected and appointed local prosecutors. The bill also mandates that elected District Attorneys and Solicitors General review every case for which probable cause for prosecution exists and make a prosecutorial decision based on the facts of each individual case. This Commission would provide yet another mechanism to remove duly elected District Attorneys and Solicitors Generals. The House and Senate have passed this bill, and it now awaits the governor’s signature. 

We are grateful to see the end of this year’s legislative session. Remember that bills that do not become law this year are still viable for passage next year, during the second year of the biennial session.  

Bill Tracking 

SCHR Actively* Supports 

Fighting Mass Incarceration 

  • HB 126 – Sponsor: Rep. Tyler Paul Smith – Improves procedure related to out-of-time motions for new trial and appeals in criminal cases – Status: Passed by the House and Senate and awaiting the governor’s signature 
  • SB 272 – Sponsor: Sen. John Kennedy – Reestablishes the Criminal Case Data Exchange Board, responsible for improving interagency reporting and sharing of data – Status: Passed by the House and Senate and awaiting the governor’s signature 

Eliminating Barriers to Reentry 

  • SB 157 – Sponsor: Sen. Brian Strickland – Improves occupational licensing process – Recommitted to House Judiciary Non-Civil  

SCHR Actively* Opposes 

Exacerbating State-Sanctioned Violence 

  • SB 11 – Sponsor: Sen. John Albers – Authorizes the Georgia Bureau of Investigation to work independently or concurrently with other law enforcement with almost no limitation – Status: Passed by the House and Senate and awaiting the governor’s signature 

Expanding Mass Incarceration 

  • SB 12 – Sponsor: Sen. John Albers – Imposes mandatory minimums for subsequent felonies involving abuse of a disabled adult, elder person; increases penalties for possession of a firearm by a person with a felony conviction; expands venue options for gang cases; revises various evidence rules – Status: Passed by the Senate and assigned to House Judiciary Non-Civil 
  • SB 44 – Sponsor: Sen. Bo Hatchett – Imposes mandatory minimums for gang offenses and enhanced penalties for recruitment of minors or people with disabilities – Status: Passed by the House and Senate and awaiting the governor’s signature 
  • HB 188 – Sponsor: Rep. Steven Sainz – Mandates a sentence of life imprisonment or a term of imprisonment followed by probation for life for subsequent “sexual felony” convictions; permits termination of such lifetime probation after 10 years in limited circumstances – Status: Passed by the House and Senate and awaiting the governor’s signature 

Criminalizing Poverty 

  • SB 63 – Sponsor: Sen. Randy Robertson – Mandates cash bail for more than 30 additional offenses – Status: Recommitted to House Judiciary Non-Civil 
  • SB 159 – Sponsor: Sen. Randy Robertson – Criminalizes bringing a cell phone behind the guard lines of a county or state penal institution – Status: Senate Disagreed to House Substitute 

Punishing Protesters 

  • HB 227 – Sponsor: Rep. Rob Leverett – Creates the offense of criminal interference with the function of critical infrastructure – Status: Passed by the House and Senate and awaiting the governor’s signature  
  • HB 500 – Sponsor: Rep. Deborah Silcox – Creates the offense of arson of a law enforcement vehicle – Status: Recommitted to Senate Judiciary 
  • HB 505 – Sponsor: Rep. Mike Cheokas – Enhances the offense of riot from a misdemeanor to a felony – Status: Recommitted to Senate Judiciary  

SCHR Opposes & Is Monitoring 

  • SB 31 – Sponsor: Sen. Brandon Beach – Permits the Attorney General to be reimbursed by a district attorney for expenses associated with prosecutions brought by the AG because the DA failed to prosecute the case – Status: Recommitted to House Judiciary Non-Civil  
  • SB 36 – Sponsor: Sen. Randy Robertson – Increases penalties for pimping and pandering – Status: Recommitted to House Judiciary Non-Civil 
  • SB 62 – Sponsor: Sen. Carden Summers – Prohibits local governments from adopting a policy prohibiting or discouraging enforcement of any ordinance prohibiting public camping, with an exception for diversion programs; requires the state auditor to review homeless programs in the state – Status: Passed by the House and Senate and awaiting the governor’s signature  
  • SB 68 – Sponsor: Sen. Rick Williams – Adds dogfighting to the list of predicate offenses for the purposes of RICO – Status: Passed by the House and Senate and awaiting the governor’s signature 
  • SB 92 – Sponsor: Sen. Randy Robertson – Creates the Prosecutor Oversight Commission – A Passed by the House and Senate and awaiting the governor’s signature  
  • HB 383 – Sponsor: Rep. Matt Reeves – Creates new offenses for aggravated assault and aggravated battery upon an emergency health worker or health care worker at a hospital – Status: Passed by the House and Senate and awaiting the governor’s signature 
  • HB 231 – Sponsor: Rep. Joseph Gullett – Creates the Prosecuting Attorneys Oversight Commission – Status: Recommitted to Senate Judiciary  

SCHR Is Monitoring 

  • SB 155 – Sponsor: Sen. Kay Kirkpatrick – Restructures the offense of harming a law enforcement animal – Status: Passed by the House and Senate and awaiting the governor’s signature   
  • HB 147 – Sponsor: Rep. Will Wade – Requires the Professional Standards Commission to create a school safety and anti-gang endorsement for eligible personnel who elect to complete a training program for promoting and preserving safe schools and for identifying and deterring youth gangs; requires schools to conduct annual intruder alert drills – Status: Passed by the House and Senate and awaiting the governor’s signature 
  • HB 268 – Sponsor: Rep. John Corbett – Provides for a grant program, pending funding, to support law enforcement agencies in the prevention of motor vehicle theft – Status: Passed by the House and Senate and awaiting the governor’s signature 
  • HB 364 – Sponsor: Rep. Scott Holcomb – Wrongful Conviction Compensation Act – Status: Passed by the House and assigned to Senate Appropriations 

*SCHR opposes all legislation that relies on enhancing penalties within and expanding the reach of the criminal legal system. Each session, however, we are forced to prioritize certain bills for our active legislative advocacy. These bills represent those on which our staff are actively engaged with legislators and community stakeholders. Other potentially harmful bills are noted in this updated as “SCHR Opposes & Is Monitoring.”