Georgia Senate backs Kemp's push for tougher gang penalties

ATLANTA (AP) — Georgia senators are backing Gov. Brian Kemp's push for long prison sentences for gang members and even longer sentences for anyone convicted of recruiting minors into a gang.

The Senate voted 31-22 for Senate Bill 44 on Monday, mostly along party lines. The measure, which moves to the House for more debate, would add a mandatory five years to prison sentences for anyone convicted of a gang crime and 10 years for anyone convicted of recruiting minors into a gang.

The bill reverses a trend of Georgia lawmakers reducing mandatory sentences or refusing to add new ones. Now Kemp and other Republicans who campaigned last year on fighting crime say more criminals must be locked away for long stretches.

“There’s no room for gangs in Georgia, and you don’t need to come after our children,” said Sen. Bo Hatchett, a Cornelia Republican who is a Kemp floor leader.

The measure would require that anyone convicted under Georgia's sweeping anti-gang law serve at least five years in state prison on top of any other sentence, restricting judges' ability to reduce sentences and giving prosecutors an unusual right to appeal lesser sentences.

The bill would also impose a mandatory 10 additional years, with no possibility of probation or parole, for anyone convicted of recruiting a minor into a gang.

There's already an enhancement of five to 20 years for gang convictions in Georgia, but judges can give probation instead of prison. Under the new bill, to go below the five-year minimum, a prosecutor could seek leniency in cases where a defendant aids an investigation.

Judges could order less prison time if they list specific findings, including that a defendant didn’t have a gun, is not a gang leader, has no prior felony conviction or didn’t cause death or injury. Prosecutors would get a new right to appeal such leniency, intended as a check on judges who might be seen as soft on crime.