Georgia Pretrial Safety, Accountability, and Victim Protection Act
A Petition to the Georgia General Assembly
We, the undersigned residents of the State of Georgia, respectfully petition the Georgia General Assembly to introduce, consider, and enact the Chris Freeland Act — Georgia Pretrial Safety, Accountability, and Victim Protection Act.
This proposed legislation is intended to strengthen protections for victims, victims' family members, witnesses, and the community when a person is charged with malice murder, felony murder, or attempted murder, while preserving the constitutional rights and presumption of innocence of the accused.
WHY THIS MATTERS
When someone is accused of taking another person's life, the legal process does not end with the arrest.
For the surviving family, it can be the beginning of an entirely different kind of fear.
Families may have to face the possibility of the accused being released before trial while they are grieving, witnesses may have concerns about their safety, and victims' families may feel that their voices are not adequately heard when decisions affecting their safety are made.
The Chris Freeland Act seeks to establish a stronger, more transparent, and more consistent process for these extraordinary cases.
WHAT THE CHRIS FREELAND ACT WOULD DO
1. Require an enhanced pretrial safety review
Before a defendant charged with a covered offense is released, the court would conduct an individualized hearing addressing the defendant's potential risk of flight, danger to victims, victims' family members, witnesses, and the community, as well as other legally relevant factors.
2. Require competency and mental-health evaluations
Before a final release decision, the court would obtain and consider a competency evaluation and an independent mental-health evaluation, subject to appropriate legal and medical exceptions.
The evaluations would provide professional information to the court. The judge would retain the authority to make the legal decision regarding release.
3. Give victims and victims' family members a meaningful voice
Victims and qualifying victims' family members would receive notice of release proceedings and an opportunity to:
Appear before the court;
Provide relevant safety information;
Submit written information;
Address the court;
Respond to proposed release conditions;
Request reasonable protective conditions; and
Receive notice of the release decision and significant changes to release conditions.
4. Strengthen protection against intimidation and retaliation
The court would consider credible evidence of:
Threats;
Intimidation;
Harassment;
Coercion;
Retaliation;
Witness interference;
Obstruction; and
Attempts to influence or discourage testimony or cooperation with law enforcement.
This protection would also address qualifying conduct carried out through third parties acting on behalf of, at the direction of, or in coordination with the defendant.
5. Establish a $150,000 minimum secured bond when release is authorized
If the court determines that a defendant is eligible for pretrial release, the proposed Act would establish a minimum secured bond of $150,000, subject to constitutional protections against excessive bail.
The purpose of this requirement would include providing a meaningful financial incentive to appear for court proceedings, discouraging flight, encouraging compliance with release conditions, and protecting the integrity of the judicial process.
6. Allow a higher bond when justified by flight risk
When the evidence establishes that the defendant may reasonably present a risk of flight, the court could impose a bond greater than $150,000 when reasonably necessary for the lawful purposes of bail.
The judge would be required to provide written findings explaining the factual basis for an increased bond.
7. Require financial disclosure
Before determining the form of monetary security, the defendant would submit a sworn financial disclosure identifying relevant financial resources, including, where applicable:
Cash;
Bank accounts;
Investments;
Securities;
Cryptocurrency and other digital financial assets;
Real property;
Vehicles and significant personal property;
Business interests;
Trust or beneficial interests;
Retirement accounts;
Income;
Jointly controlled assets;
Significant debts and obligations; and
Other relevant financial resources.
8. Allow the court to determine whether cash security is necessary
After reviewing the defendant's financial circumstances, the court could require the bond to be secured by cash in full when reasonably necessary to provide adequate assurance of appearance and compliance.
The court could also authorize another legally permitted form of secured bond when that form provides sufficient assurance.
The court would be required to explain its decision in writing.
9. Make release decisions more transparent
When release is granted, the judge would provide written findings addressing the factors considered, including:
Flight risk;
Victim safety;
Victims' family safety;
Witness safety;
Community safety;
Intimidation or retaliation;
Competency and mental-health evaluations;
Bond amount;
Form of security; and
Conditions of release.
10. Strengthen notification after release
Victims and qualifying victims' family members would receive timely notice concerning:
The defendant's release;
Release conditions;
Significant modifications;
Material violations; and
Hearings concerning modification or revocation of release.
WHAT THIS PETITION DOES NOT ASK FOR
The Chris Freeland Act does not seek to eliminate the presumption of innocence.
It does not give victims or their families an absolute veto over a judge's decision.
It does not authorize excessive bail.
It does not make an accusation of intimidation automatically true.
It does not eliminate the defendant's right to counsel, due process, judicial review, or other constitutional protections.
Instead, it seeks to create a heightened but individualized pretrial process for some of Georgia's most serious violent offenses.
OUR REQUEST
We respectfully ask the Georgia General Assembly to:
Introduce the Chris Freeland Act;
Refer it to the appropriate legislative committees;
Conduct a thorough legal and constitutional review;
Hear from victims, victims' family members, witnesses, legal professionals, mental-health professionals, law enforcement, prosecutors, defense attorneys, and other stakeholders;
Consider the experiences of Georgia families affected by violent crime; and
Pass legislation strengthening pretrial safety, transparency, accountability, and victim protections in Georgia.
No family should have to choose between grieving the person they lost and fearing what may happen to the people left behind.
We believe Georgia can protect constitutional rights and do more to protect victims, victims' families, witnesses, and communities.
PLEASE SIGN AND ASK YOUR GEORGIA REPRESENTATIVE AND SENATOR TO SUPPORT THE CHRIS FREELAND ACT.