Yesterday morning state Sen. John Albers, R-Roswell, and Fulton County District Attorney Fani Willis sat together testifying before the Georgia House Judiciary Committee hearing on Senate Bill 359, the Safe and Secure Georgia Act.
SB 359, loaded with enhancements to the Georgia Street Gang and Terrorism Prevention Act, was introduced by Albers after two years of dramatic increases in gang violence in the Peach State. It parallels House Bill 1134, now pending in the Georgia Senate Judiciary Committee. HB 1134 would give concurrent jurisdiction over prosecuting street gangs to the Georgia attorney general, a strong step towards increasing gang prosecution statewide.
Both Albers and Willis spoke about the bipartisan nature of these real criminal justice reforms and implored the committee to vote favorably for a new measure that benefits everyone.
Willis reiterated the law also focuses on curbing domestic violence as her office is currently working to adjudicate 70 domestic-related homicides, most of which involve felons in possession of a firearm.
Albers then called two Fulton County Executive Deputy District Attorneys Michael Scott “Mike” Carlson and George L. Jenkins, Jr., and Special Assistant District Attorney John Floyd, a prosecutorial powerhouse team, to explain the new provisions. One of the strongest enhancements to the Gang Act they mentioned would add a new “venue” provision allowing DAs to prosecute street gangs like criminal enterprises similar to a racketeering case.
This would, essentially, allow prosecutions by a DA in one county for gang-related activity committed in any county where the gang operates in Georgia. Carlson, Jenkins, and Floyd all insisted DAs needed a new tool to disrupt street gang enterprises operating in multiple counties across the state. This is particularly true when differences between judicial districts get in the way of dismantling multiple-county sprees of organized street gang activity.
Also included is a new rule requiring Superior Court Judges to rule on evidentiary issues prior to trial to prevent a “trial by ambush,” a term used when a judge delays ruling on evidence issues, for example, only to later rule the evidence inadmissible in the middle of a trial.
Willis highlighted that these new rules will help both prosecutors and defense counsel as knowing exactly what evidence will be used prior to going before a jury benefits everyone.
The bill passed unanimously by the committee, but it still heads to the House floor for a vote before going to Gov. Brian Kemp for his signature.
Bill Black is an Atlanta attorney specializing in government investigation, cybercrime and privacy.
