Federal lawsuit challenges Georgia law that limits many people or groups to posting 3 bonds a year

Associated Press (AP) — A new federal lawsuit challenges a Georgia law that expands cash bail and restricts organizations that help people pay bail so they can be released while their criminal cases are pending.

Senate Bill 63, which was signed into law last month by Gov. Brian Kemp and which takes effect July 1, includes a section that limits people and organizations from posting more than three cash bonds in a year unless they meet requirements for bail bond companies. That means passing background checks, paying fees, holding a business license, securing the local sheriff’s approval and establishing a cash escrow account or other form of collateral.

The American Civil Liberties Union of Georgia and the Institute for Constitutional Advocacy and Protection at Georgetown University Law Center filed the lawsuit last week. They represent Barred Business Foundation, an Atlanta-based nonprofit whose activities include facilitating campaigns to pay cash bail, and two people who live in Athens and run a charitable bail fund in association with their church.

The lawsuit argues that the section of the law is unconstitutional and asks the judge to prevent its enforcement. It also asks for a preliminary order to keep the law from being enforced while the legal challenge plays out.

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