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'More teeth to attack the issue': Georgia legislators consider new minimum sentence for gang crime

This bill would make it mandatory, for anyone convicted of a gang crime, to serve a five year minimum on top of their sentence for the other crimes.

MACON, Ga. — Gang members caught committing a crime may be in prison longer if a Georgia bill passes.

State senators advanced a bill this week.

The governor and other republicans are pushing their "tough on crime" agenda by introducing a bill that would lock up criminals for longer periods.

This bill would make it mandatory for anyone convicted of a gang crime to serve a five-year minimum on top of their sentence for the other crimes.

Several district attorneys in the state have already supported the bill, including DA Wright Barksdale from the Ocmulgee Judicial Circuit.

"Any piece of legislation that's going to give us more teeth to attack the issue," Barksdale said.

One of those issues Barskdale is referring to gun violence. In Milledgeville, part of the area he serves, drive-by shootings are a problem.

"I would tell you majority of the drive-by shootings that we saw and have experienced are gang-related," Barksdale said.

Barksdale says the other problem is kids being recruited into Georgia's gangs.
If this bill passes, gang members caught recruiting minors could face a harsher sentence.

 The bill would tack on a mandatory 10 additional years, with no possibility of probation or parole.

"They're now recruiting children that are in middle school. And by the time they're in high school, they're full-fledged gang members, and they're perpetrating the crimes that are typically gun violence and distribution of drugs and so forth," Barksdale said.

"Typically, it's a 17 or 18-year-old kid recruiting another 17,16 or 15-year-old kid, they're closer and age," said Frank Hogue, a defense lawyer.

He, like other opponents, says this proposed penalty would end up being used against 17- and 18-year-olds who are recruiting younger teens.

"Prisons are not places where people rehabilitate, the prisons are more, particularly for longer sentences. They are crime schools, people go to prison, and they learn how to commit newer, better crimes," Hogue said.

But supporters like Barksdale say the goal is to take the gang population off the streets, no matter the age.

"My intention is, as I'm weighing out what's best for the community is to make the community safe. And unfortunately, that means harsh punishments, long prison sentences," Barksdale said.

District Attorney Anita Howard sent a statement Wednesday saying she hopes the bill could allow appropriate discretion by prosecutors and the courts for offenders who agree to help the state by identifying gang leaders.

As the bill is written, judges could order less prison time if the person is not a gang leader, has no prior felony conviction or didn't cause death or injury.

    

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