ATLANTA — Among the more than 540 bills under consideration in the 2023 Georgia legislative session so far, a slew of bills were filed in the third week, many of them related to crime and public safety.   

On Feb. 2, Republicans filed two bills that target the leadership of local district attorneys and solicitors general.

Athens Rep. Houston Gaines and Dallas Rep. Joseph Gullett sponsored House Bill 229, which requires district attorneys to make prosecutorial decisions when there is probable cause for prosecution. Failure to do so would make a prosecutor subject to recall – adding to the existing criteria that make a public official eligible for recall, according to the proposal.

HB 229 substantially lowers the required threshold for the number of signatures required to recall a prosecutor.

Currently, state law requires signatures of 30% of the registered voters in the district to recall state officers (which includes district attorneys and solicitors general) in a district.

The proposed bill seeks to lower the threshold, specifically for DAs and solicitor generals, to 2%.

The second bill, HB 231 would create the Prosecuting Attorneys Oversight Commission, which would be appointed by the governor, lieutenant governor, speaker of the House and Senate Committee on Assignments.

The commission would be allowed to review prosecutors for alleged misconduct, failing to perform duties, personal convictions of a crime of moral turpitude or who display dishonorable conduct. The commission could determine disciplinary measures, which include removal from office.  

“District attorneys and solicitors general are entrusted with the responsibility to enforce the law and play a pivotal role in seeking justice,” Gullett said. “We must hold them accountable for their actions to ensure the integrity of our criminal justice system.”

The measures come after several district attorneys around the state have indicated their intent to not prosecute cases that violate Georgia’s six-week abortion ban. Those attorneys have claimed that the law, which is currently being challenged in court, violates the constitutional right to privacy. Republicans have also argued that some district attorneys have been lenient on the prosecution of criminals.

Democrats file gun safety legislation

Rep. Michelle Au of Johns Creek and Mary Margaret Oliver of Decatur filed a legislative package they say will enhance gun safety and reduce gun violence.

The four-bill package includes:

HB 44 would require private gun sales and transfers to be subject to background checks to ensure the buyer is not prohibited from buying a gun under state or federal law. The proposal includes provisions for familial firearm transfers or gifts, and other instances where transfer may be necessary. Currently, only licensed firearm dealers are required to perform a background check on a buyer.

In another proposal, HB 45, firearm buyers at licensed dealers would have to wait three days to receive the gun — called a “cooling-off” period — in an effort to potentially defuse violent acts of impulse, such as mass shootings, domestic violence and suicide.

The calculation of the three-day waiting period would not include Saturday, Sunday or state or federal holidays, according to the bill. The proposal would require licensed sellers to make records available for inspection by law enforcement to assist with criminal investigations.

HB 135 and HB 161 target gun owners, putting in requirements on gun accessibility.

The latter would subject gun owners to misdemeanor criminal negligence if a child gains access to a readily dischargeable firearm by the gun owner’s failure to secure the firearm, or if the gun is left in a place of the child’s knowledge or a place the child could gain access to.

HB 161 states the crime would be a misdemeanor of making a firearm accessible to a child. The crime would be a misdemeanor of high and aggravated nature if the child discharges the firearm and causes death or bodily harm to himself or herself or another person.

Similarly, HB 135 would charge gun owners with misdemeanor failure to adequately store a firearm if the gun is used by anyone during a crime or an act that results in an injury or death.

“Gun violence is a public health crisis and the key lever to addressing any public health issue is prevention,” Au said. “This slate of bills are a multimodal approach to address several key deficiencies in our gun safety systems and will ultimately avert harm and save lives.”

‘Georgia Fights Terrorism Act’ first bill to pass in Senate

Senate Bill 11, sponsored by Sen. John Albers, R–Roswell, passed Feb. 1 with bipartisan support.

The act would would provide independent and concurrent jurisdiction to the Georgia Bureau of Investigation for crimes related to terrorism.

“Georgia has some of the strongest terrorism laws in the nation,” Albers said. “The safety and security of our citizens is of the utmost importance and with this legislation, we are able to continue to protect the well-being of all Georgians in the face of terrorism. The Senate body stands behind Georgia’s law enforcement agencies and the GBI and I am pleased to see this legislation make it across the finish line with bipartisan support.”  

The bill allows the GBI  to go into local jurisdictions to work independently, work concurrently with other law enforcement agencies, and request the assistance of other law enforcement agencies when then their work would not compromise the successful completion of cases involving  the “identification, investigation, arrest and prosecution of an individual or groups of individuals for violation of laws concerning domestic, cyber, biological, chemical and nuclear terrorism.”

Heightened penalties proposed for dogfighting

Senate Bill 68 proposes to charge dogfighting crimes under Racketeer Influenced and Corrupt Organizations Act, which is often used to target organized crimes.

RICO charges in Georgia come with a five- to 20-year sentence, a fine or both. Under current law, dogfighting is a felony punishable by one to five years in prison, a fine of not less than $5,000 or both for the first conviction. Subsequent dogfighting convictions come with up to 10 years imprisonment, a fine of not less than $15,000 or both.