Judge Temporarily Halts Georgia Law Restricting Bond Postings

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Judge Temporarily Halts Georgia Law Restricting Bond Postings

A federal judge has temporarily blocked part of a Georgia law that restricts individuals and organizations from posting more than three bonds a year unless they qualify as bail bond companies. This decision, made by U.S. District Judge Victoria Marie Calvert, came just before the law was set to take effect on July 1. The judge issued a 14-day injunction on Senate Bill 63, requesting further arguments to determine if the injunction should remain until the lawsuit is resolved.

The blocked section of the law requires individuals and groups to comply with bail bond company regulations, such as passing background checks and securing local sheriff approval, to post more than three cash bonds annually. However, other sections of the law will still take effect, including a mandate for cash bail before release from pretrial detention for certain crimes. This list includes 30 offences, many of which are frequently misdemeanours.

The American Civil Liberties Union of Georgia and the Institute for Constitutional Advocacy and Protection at Georgetown University Law Center filed the lawsuit, arguing that the restrictions are unconstitutional. The suit claims the legislation imposes some of the strictest limits on charitable bail funds in the U.S., warning that it could eliminate such funds in Georgia. The state argues that the law does not infringe on free speech and association rights, maintaining that it only restricts conduct unrelated to speech. Proponents of the law believe that charitable groups should comply with the same regulations as bail bond companies.

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