Democrats Unveil Slate of 'Georgia Justice Act' Police, Legal Reforms
Building on the momentum of public protest and outrage over the deaths of George Floyd in Minnesota and Ahmaud Arbery in Georgia, Democrats are pushing for more than a stalled hate crimes bill that has garnered bipartisan and business support.
June 11, 2020 at 04:41 PM
5 minute read
Georgia's Democratic state senators are hoping to jumpstart several pieces of stalled legislation and add new ones under the just-announced Georgia Justice Act, a sweeping legislative package seeking to pass hate crime laws; ban rubber bullets, chokeholds and no-knock warrants; and lift qualified immunity protections for officers accused of wrongdoing, among other reforms.
In the wake of massive protests over the deaths of George Floyd in Baltimore, Ahmaud Arbery in Georgia and Breona Taylor in Louisville, lawmakers from both parties have spoken out in favor of passing House Bill 426, the "Hate Crimes Bill" that passed the House last year only to languished in the Senate Judiciary Committee.
The General Assembly, shut down during the COVID-19 pandemic, is set to reopen on June 15.
On Thursday, the state Senate Democratic Caucus unveiled the Georgia Justice Act, a slate of 10 pieces of legislation—five introduced last year, and others from prior sessions—along with several more proposed reforms.
In a statement announcing the initiative, Senate Minority Leader Steve Henson said the first priority "is passing a meaningful hate crimes bill that will allow prosecutors and judges to pursue increased sentencing for those charged and convicted of hate crimes. House bill 426 has been sitting in a Senate committee for months and we should bring it forward for debate."
His colleague and fellow Stone Mountain Democrat, Sen. Gloria Butler, pointed to the other bills aimed at reining in police abuses, most of which rarely got beyond being read and assigned to a a committee in the Republican-controlled Legislature.
"For years, we have been introducing legislation aimed at curtailing police violence and offering tools that would increase awareness and training efforts," said Butler, also quoted in the statement.
"However, the vast majority of Democratic legislation has been sidelined and has not received a committee hearing. Too many of our citizens have died or been injured, while politics are at play. That time is over," she said.
The current version of HB 426—which first failed to win passage in March 2019 but later passed on a 96 to 64 vote—applies to anyone convicted of a crime found to have been motivated by "actual or perceived race, color, religion, national origin, sexual orientation, gender, mental disability or physical disability."
If the crime is a felony, an extra two years can be added to the sentence. For misdemeanors, the enhancements can range from three months to a year may include a fine of up to $5,000.
Senate Bill 166, which also provides for enhanced hate crime penalties, has also been filed but has not moved.
Other legislation filed for the 2019-2020 session includes:
- Senate Bill 63, which prohibits police chases unless there is probable cause to believe a murder, kidnapping, rape, armed robbery or aggravated battery has been committed or that someone's life or safety is at stake.
- SB 193, which would require the Peace Officer Standards and Training Council to include training for post-traumatic stress disorder as part of its requirements for Georgia law enforcement officers.
- SB 10, which would make the possession of less than two ounces of marijuana a misdemeanor.
- SB 414, which would allow nonviolent felons—those not convicted of "crimes of moral turpitude"—to vote upon completion of their sentences.
The package also includes legislation from prior sessions repealing Georgia's "stand your ground" law, requiring body cameras for all police agencies, prohibiting the use of no-knock warrants and barring officers from using race or ethnicity as a basis for traffic stops.
According to Henson's office, new legislation is being drafted that will ban rubber bullets and choke-holds, require officers to intervene when another officer is observed using excessive force, remove civil immunity from lawsuits for police officers, and require that police reports be submitted under penalty of perjury.
"Our caucus is calling on our colleagues in the majority party to set aside politics and do what is right and necessary," said Henson, who is leaving the Senate at year's end. "Georgians are clear-minded about what needs to happen and the time has come to protect and ensure equity for all citizens."
How the rest of the package will fare is anybody's guess, but House Speaker David Ralston, R-Blue Ridge, has been a vocal supporter of the hate crime bill. The Georgia Chamber of Commerce and Metro Atlanta Chamber of Commerce, along with dozens of major companies including Delta Airlines, Coca-Cola and The Home Depot, have joined a campaign to press for the legislation.
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