Last week, the Georgia Senate approved a bill aimed at expanding the state’s cash bail system while simultaneously criminalizing charitable bail organizations. This legislation seeks to prohibit activists detained for common protest-related charges, such as unlawful assembly and obstruction of a law enforcement officer, from securing release without paying bail. Additionally, it would criminalize the operations of bond funds, stipulating that no more than three cash bonds may be posted annually by any individual, corporation, organization, charity, nonprofit corporation, or group in any jurisdiction.

This move against bail funds comes on the heels of charges filed six months ago against three organizers from the Atlanta Solidarity Fund — Marlon Scott Kautz, Savannah D Patterson, and Adele Maclean. The organizers were accused of money laundering and charity fraud following a raid on May 31, 2023. Responding to the charges, the Atlanta Solidarity Fund said in a statement, “The outrageous political charges against the Atlanta Solidarity Fund, as well as Cop City protestors, are part of a new playbook that criminalizes the coalition of advocates who are providing financial and physical support to movements.”

After reviewing the evidence against Kautz, Patterson, and Maclean, presiding Judge James Altman said of the case, “ I don’t find it very impressive. There’s not a lot of meat on the bones of the allegations that thousands of dollars are going to fund illegal activities.”

The charges provoked a nationwide outcry from activists and legal advocates. Lauren Regan, Executive Director of the Civil Liberties Defense Center, stated:

Bailing out protestors who exercise their constitutionally protected rights is simply not a crime. In fact, it is a historically grounded tradition in the very same social and political movements that the city of Atlanta prides itself on. Someone had to bail out civil rights activists in the 60s – I think we can all agree that community support isn’t a crime.

However, community support, in the form of bail fund organizing, is now on the verge of being criminalized in Georgia. SB63, the bill that would broaden cash bail and criminalize bail funds, is expected to pass in Atlanta’s House of Representatives this week. Concerns have been raised by activists who fear that this legislation, if........

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