An effort to increase mandatory penalties for people who recruit gang members passed the Georgia Senate on Monday.
The legislation is one of a number of bills backed by Gov. Brian Kemp that aim to reduce crime in Georgia.
Senate Bill 44 would require judges to sentence anyone convicted of recruiting members to a street gang to five to 20 years in prison. That time would be served after any additional sentence for a gang-related crime, and the recruitment sentence could not be reduced for good behavior.
The bill passed 31-22 on a nearly party-line vote, with Republicans supporting the measure. State Sen. Colton Moore, R-Trenton, was the only Republican to vote against SB 44.
State Sen. Bo Hatchett, a Cornelia Republican who sponsored the legislation on behalf of the governor, said the bill will help protect children.
“There’s no room for gangs in Georgia, and you don’t need to come after our children,” he said.
The proposed law would increase the minimum sentence for gang recruitment to at least 10 years if the person being recruited is under 17 or has a mental disability.
SB 44 also would take away a judge’s option to sentence people convicted of gang recruitment to a fine of between $10,000 and $15,000 to avoid time in prison.
Supporters of the bill say mandatory-minimum sentences are the best way to deter people from joining gangs.
Opponents of the legislation said bills such as SB 44 are a departure from the overhaul of Georgia’s criminal justice system under then-Gov. Nathan Deal, which included taking a step back from state laws dictating sentences.
State Sen. Derek Mallow, a Savannah Democrat, said the bill implies that those pushing for the legislation are basing their support on the idea that judges are issuing sentences that are too lenient.
“I don’t think that’s a major problem here in Georgia. (As far as) increasing penalties, if that was the absolute (answer) to deterring crime, we shouldn’t have any crime,” Mallow said. “It’s not about increasing the penalties, it’s about (having) more law enforcement officers in communities, more social services.”
SB 44 now goes to the House for its consideration.
About the Author
