A federal judge has issued a temporary block on a section of a Georgia law that limits the number of cash bonds individuals or organizations can post in a year. The ruling by U.S. District Judge Victoria Marie Calvert comes in response to Senate Bill 63, which was set to take effect on July 1.
The blocked section of the law restricts individuals and organizations from posting more than three cash bonds annually unless they meet specific requirements for bail bond companies. These requirements include passing background checks, paying fees, obtaining a business license, securing approval from the local sheriff, and establishing a cash escrow account or collateral.
While Judge Calvert has allowed other parts of the law to proceed, such as the mandate for cash bail for certain crimes before pretrial release, a lawsuit filed by the American Civil Liberties Union of Georgia and the Institute for Constitutional Advocacy and Protection challenges the law's restrictions on bail funds.
The lawsuit argues that the legislation imposes severe limitations on charitable bail funds, potentially eliminating them in Georgia. The Bail Project, a national nonprofit aiding low-income individuals with posting bonds, had to close its Atlanta branch due to the law.
Supporters of the law contend that charitable bail funds should adhere to the same rules as bail bond companies. The state argues that the law does not infringe on free speech rights, as it regulates conduct rather than speech.
The law's introduction follows Republican efforts to curb community bail funds, particularly after these funds were used to post bonds for protesters arrested during 2020 demonstrations against racial injustice and the construction of an Atlanta public safety training center.
The judge's decision to temporarily block part of the law has been welcomed by critics who view the legislation as unnecessary, harmful, and potentially unconstitutional. The lawsuit seeks to prevent the law from impeding charitable bail work and aiding individuals in need of relief from pretrial detention due to financial constraints.
