Georgia House backs Kemp’s push for tougher gang penalties

ATLANTA — Georgia House members Monday turned aside objections that tougher anti-gang sentencing laws would sweep too many young people into prison for long stretches, passing a bill backed by Republican Gov. Brian Kemp that would crack down on people convicted of recruiting minors into a gang.

“Gangs must recruit in order to survive, and we are sending a strong message with this bill, that if you come into our state and you are recruiting our children, that we will have severe punishment for you,” said Soo Hong, a Lawrenceville Republican who carries bills for Kemp as a floor leader.

Senate Bill 44 passed on a 99-74 vote and goes back to the Senate for more debate because the House amended it to include a much-reduced version of stricter cash bail provisions that senators are seeking.

The bill reverses a trend of Georgia lawmakers reducing mandatory sentences or refusing to add new ones. Now Kemp and other Republicans who campaigned last year on fighting crime say more criminals must be locked away for long stretches.

Opponents say there’s no proof that longer prison sentences work. They also warn that the law could be used against juveniles tried as adults, or older teens who recruit their younger siblings and friends into a gang.

Currently, people who are convicted of criminal gang activity under Georgia’s sweeping anti-gang law can be sentenced to an additional five to 20 years in prison, but a judge has the power to waive extra prison time. Under the new measure, judges’ ability to waive extra prison time would be reduced. Judges could order less prison time if they list specific findings, including that a defendant didn’t have a gun, is not a gang leader, has no prior felony conviction or didn’t cause death or injury.

Penalties for recruiting minors into gangs would be much stiffer. Judges would be required to sentence those people to at least 10 years of actual prison time unless a prosecutor asked the court to cut the sentence because a defendant provided substantial assistance against other criminals.