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SB 402 - Prohibits the Use of "Unsecured Judicial Release" - Georgia Key Vote

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Title: Prohibits the Use of "Unsecured Judicial Release"

Vote Smart's Synopsis:

Vote to pass a bill that prohibits the use of "unsecured judicial release," among other provisions.

Highlights:

 

  • Prohibits a person charged with a bail restrict offense from being released on bail on an unsecured judicial release for the purpose of entering a pretrial release program, a pretrial release and diversion program, or a pretrial intervention and diversion program (Sec 1).

  • Defines a “bail restricted offense” as (Sec 1):

    • Murder or felony murder;

    • Armed robbery;

    • Kidnapping;

    • Rape;

    • Aggravated child molestation;

    • Aggravated sodomy;

    • Aggravated sexual battery;

    • Aggravated assault;

    • Aggravated battery;

    • Hijacking a motor vehicle in the first degree;

    • Aggravated stalking;

    • Pimping;

    • Robbery;

    • Bail jumping;

    • Escape;

    • Possession of a firearm or knife during the commission of or attempt to commit certain crimes;

    • Possession of firearms by convicted felons and first offender probationers;

    • Trafficking in cocaine, illegal drugs, marijuana, or methamphetamine;

    • Participating in criminal street gang activity;

    • Habitual violator; or

    • Driving under the influence of drugs, alcohol, or other intoxicating substances.

  • Defines “unsecured judicial release” as any release on a person’s own recognizance that does not purport a dollar amount through secured means or property as approved by the sheriff in the county where the offense was committed (Sec 1).

  • Authorizes an elected judge to issue an unsecured judicial release if (Sec 1):

    • Such unsecured judicial release is noted on the release order; and 

    • The person is not charged with a bail restricted offense.

  • Authorizes a judge of any court having jurisdiction over a person charged with committing an offense against the criminal laws of this state to release a person on an unsecured judicial release only (Sec 1).

  • Requires the court to issue an order of arrest for a defendant who is released on an unsecured judicial release and fails to appear for trial (Sec 1).

  • Requires any bond issued by a judge that purports a dollar amount to be executed in the full-face amount through secured means or by use of the property as approved by the sheriff in the county where the offense was committed (Sec 2).

  • Authorizes a duly sworn sheriff to release an inmate from custody in cases of a medical emergency with the consent of the judge in the county in which they preside (Sec 2).

  • Specifies that any person convicted of a felony and who has been given liberty under an unsecured judicial release but fails without significant excuse to appear at court will be convicted of felony bail jumping and will be sentenced to 1 to 5 years in prison, a fine of up to $5000, or both (Sec 3). 

  • Specifies that any person convicted of the commission of a misdemeanor and has been given liberty under an unsecured judicial release but fails without significant excuse to appear at court will be guilty of a misdemeanor (Sec 3).

  • Prohibits any person from being released on an unsecured judicial release without having the approval in writing of the judge of the court having jurisdiction of the case (Sec 3).

Title: Prohibits the Use of "Unsecured Judicial Release"

Title: Prohibits the Use of "Unsecured Judicial Release"

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