Bill would expand RICO law to include littering, other misdemeanors
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A bill introduced in the Georgia Senate would greatly expand the list of crimes that could be prosecuted under the state's RICO statute.
Why it matters: People handing out fliers, littering, disorderly conduct or loitering could face stiffer penalties and RICO charges if the proposal were to become law.
Driving the news: Senate Bill 359, sponsored by State Sen. John Albers, passed the Senate Judiciary Committee on Monday.
- Some of the "designated misdemeanors" that could be classified as patterns of racketeering include criminal trespass, littering, distributing posters, signs and leaflets in restricted areas, disrupting a funeral or memorial service and loitering or prowling.
- The legislation also allows for enhanced penalties for a defendant if a victim was targeted due to their political beliefs or affiliations.
What they're saying: Albers, a Republican from Roswell, told committee members that the legislation is "fairly simple in its desire to make sure that people who are committing these heinous acts are held accountable for their crimes."
Yes, but: State Sen. Ed Setzler (R-Acworth) said he wants to see the legislation tweaked so people handing out political leaflets are not charged with racketeering.
- "I don't think that's a RICO enterprise," he said.
The other side: Ben Lynde, policy counsel with the ACLU of Georgia, which is opposed to the bill, told the committee that sanctions for civil disobedience should be proportional to the conduct and applied equally, "not just speech that is disfavored by the state."
- Grant Park resident Lisa Magee, who has protested Atlanta's public safety training center, said she felt like the legislation is "directed specifically at people in my organizing community."
- "Whether or not you agree about what the protest is for, or what the fliers says, [or] what political bias you think is the motivating factor, these actions should not be lumped into racketeering and conspiracy charges," Magee said.
State of play: Under Georgia's RICO law, prosecutors must prove that a criminal enterprise occurred and document a "pattern of racketeering activity" in at least two related instances, Axios Bec Falconer previously reported.
- The statute is currently being used by Fulton County District Attorney Fani Willis to prosecute former President Trump and 18 other co-defendants accused of interfering with the 2020 presidential election.
- Rapper Young Thug and 27 other people were also indicted in May 2022 on charges of racketeering and other crimes as part of their affiliation with what Fulton prosecutors say is the YSL, or Young Slime Life, street gang.
- Sixty-one people were also indicted last September on racketeering and domestic terrorism charges in their roles to halt the public safety training center project.
What we're watching: The bill will most likely be tweaked and amended as it goes through the General Assembly.
What's next: S.B. 359 will be placed on the calendar for a Senate floor vote.