Federal court temporarily blocks criminal bond law change in Georgia

Taylor Croft

“A federal court judge temporarily blocked part of a new Georgia law set to go into effect July 1 that created limits on charitable funds and individuals paying criminal bond for detainees who cannot afford to post bail.

U.S. District Judge Victoria Marie Calvert issued the 14-day block on Section 4 of Senate Bill 63 to give time for both sides in the lawsuit to argue over whether it should be stopped for the duration of the lawsuit. The bill was passed by the state Legislature and signed by Gov. Brian Kemp earlier this year.

The American Civil Liberties Union of Georgia sued to stop the limits from going into effect, alleging they are cruel and unconstitutional. The provision restricts charity organizations or individuals helping others make bail from doing so more than three times each year.

That section of the bill was spurred by frustration with bail funds that helped Atlanta Public Safety Training Center protesters get out of jail while awaiting trial.

The ACLU of Georgia is representing Barred Business, an Atlanta nonprofit that has a program for those who can’t afford bail, and two members of the Oconee Street United Methodist Church in Athens, which also has a charitable bail fund.

The bill also adds 30 other offenses, many of which are often misdemeanors, that will now require cash bail, including failure to appear in court for a traffic citation.

Fulton County District Attorney Fani Willis also denounced the bill this week. She said is considering a legal challenge of her own because it “criminalizes being poor and those good Samaritans who attempt to help the poor.”