Nine Republicans and one Democrat are backing a bill that would amend definitions within Georgia’s Racketeer Influenced and Corrupt Organizations (RICO) Act — “to include felonies and certain misdemeanors which meet criteria for the imposition of enhanced penalties.”
Senate Bill 359, alternately known as the Protecting Georgians Act, was introduced during the current Georgia General Assembly session on Jan. 18. As of Jan. 23, it was pending further action within the Georgia Senate Judiciary Committee.
Among the 10 sponsors of SB 359 is District 54 state Sen. Chuck Payne, R-Dalton.
The five-page bill revises the definition of “a pattern of racketeering activity” to include “committing, attempting to commit or soliciting, coercing or intimidating another person to commit one or more acts which constitute a felony or a designated misdemeanor.”
The bill contains a lengthy list of “designated misdemeanor offenses” that would fall under the reclassification, running the gamut from simple assault and simple battery to “littering in violation of Code Section 16-7-43” and “placements of posters, signs and advertisements in violation of Code Section 16-7-58.”
Other “designated misdemeanor offenses” spelled out in the bill would include loitering and prowling, harassing communications and “disorderly or disruptive conduct with the intent to impede, disrupt, disturb or interfere with the orderly conduct of any funeral or memorial service or with the normal activities and functions carried on in the facilities or buildings where such funeral or memorial service is taking place.”
SB 359 also lays out new sentencing guidelines “if the trier of fact determines beyond a reasonable doubt that the defendant intentionally selected any victim or group of victims or any property as the object of the offense because of such victim’s or group of victims’ actual or perceived race, color, religion, national origin, sex, sexual orientation, gender, political affiliation or beliefs, mental disability or physical disability.”
Under SB 359, a designated misdemeanor offense conviction would produce an imprisonment sentence of six to 12 months and a fine not to exceed $5,000.
Felony convictions would produce sentences of imprisonment for at least two years and a minimum fine of $5,000.
If signed into law, the changes would become effective July 1, 2024, and apply to all subsequent offenses committed on or after that date.
“Nothing in this code section shall be construed to diminish or infringe upon any right protected under the First Amendment to the United States Constitution or the Georgia Constitution or any individual’s right to engage in legally protected conduct or expressive activity pertaining to any matter of United States foreign or domestic policy or international affairs.”
The lone Democrat backing the bill is District 15 state Sen. Ed Harbison of Columbus.