The Georgia House of Representatives passed a bill that would establish mandatory minimum sentences ranging from five to 25 years in prison for people convicted of crimes under the Street Gang Terrorism and Prevention Act.
The bill passed along party lines 99-74.
A “Criminal street gang” is defined as:
Any organization, association, or group of three or more persons associated in fact, whether formal or informal, which engages in criminal gang activity. The existence of such organization, association, or group of individuals associated in fact may be established by evidence of a common name or common identifying signs, symbols, tattoos, graffiti, or attire or other distinguishing characteristics, including, but not limited to, common activities, customs, or behaviors. Such term shall not include three or more persons, associated in fact, whether formal or informal, who are not engaged in criminal gang activity, according to O.C.G.A. §16-5-3(2).
2021 Georgia Code
Title 16 – Crimes and Offenses
Chapter 15 – Street Gang Terrorism and Prevention
§ 16-15-4. Participation in Criminal Gang Activity Prohibited
The bill, which was proposed by Governor Brian Kemp, aims to fulfill his campaign promise of ridding gang related crimes from Georgia’s major cities and small towns while going after individuals that recruit youngsters into said criminal organizations.
The bill, brought forth by Senator Bo Hatchett, a Republican from Clarkesville, would propose any person found guilty of committing crimes must serve a mandatory minimum of five years in prison.
Fulton County District Attorney Fani Willis said “75% to 80% of all of the violent crime we are seeing in our community,” can be attributed to gang activity in a May 2022 interview.
Additionally, according to a 2018 survey conducted by the Georgia Gang Investigators Association, 157 counties reported a rise in gang activity and 155 school districts reported suspected gang activity. The Georgia Bureau of Investigation’s Gang Task Force investigated 446 gang-related cases across 100 Georgia counties and charged more than 170 gang members in 2021.
Georgia Attorney General Chris Carr also said investigators have linked 60% of all violent crime around the state to gang affiliations.
During the debate, Republicans hit back at accusations claiming this legislation would re-establish a precedent for mandatory minimum prison sentences.
“We have not repealed mandatory minimum sentences,” said House Majority Leader Chuck Efstration. “So what’s happened is that term has now been used as a buzzword to try to attack legislation. And what we have put into the law is provisions such as the one in this bill to allow judges the discretion to do what’s right.”
Democrats debated for an hour that mandatory minimum sentences will not solve Georgia’s gang problems.
“This bill fails to implement evidence-based strategies actually proven to prevent children from being recruited into gangs and making us safer,” said Rep. Tanya Miller, D-Atlanta. “This bill will move our state backwards solely for the purpose of appearing to be tough on crime.”
Currently, thirteen-year-olds to seventeen-year-olds can be charged as adults in Georgia’s criminal justice system. This bill would present prosecutors with the opportunity to try teenagers as adults under the proposed Street Gang Terrorism and Prevention Act.
“Mandatory minimum sentences are failed policies,” said State Rep. Sam Park, a Democrat from Lawrenceville. “They are failed policies and that is not my opinion. And this is also why so many of my Democratic colleagues are so strongly opposed to mandatory minimums in this and in other pieces of legislation.”
Also, Democrats said the bill could over prosecute and criminalize Black and Brown children.
“Is it not true that extending mandatory minimum prison time doesn’t really send tough messages to communities? For each day, it seems like Black males and other minorities are in private prison beds,” said State Rep. Solomon Adesanya, a Democrat from Marietta.
The legislation now heads back to the Georgia Senate for final passage.
“Gang violence is a fruit issue,” said State Rep. Inga Willis, a Democrat from Atlanta. “A lack of opportunity, inequality and systemic prison pipelines are in fact the root. Gang violence is the fruit of resource deserts [and] poverty. And although I absolutely appreciate proposals that fully fund QBE (Georgia’s Quality Basic Education Formula), more concretely, gang violence is a result of underfunding public education by $10.2 billion dollars since 2003. Putting Georgia 38th in the nation, as per student funding.”