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HB 0233 - Georgia Uniform Civil Forfeiture Procedure Act; enact

Tracking Level: Monitor
Sponsor: Atwood, Alex 179th
Last Action: 7/1/2015 - Effective Date
State Code Titles: 3, 5, 7, 9, 10, 12, 15, 17, 27, 36, 38, 40, 45, 46, 48, 49, 52
House Committee: Judy
Senate Committee: JUDYNC
Assigned To:
05. Superior CourtsNext Bill
06. State CourtsNext Bill

Staff Analysis of the Legislation
House Bill 233 is the equivalent to HB 1 from the 2013-2014 General  Assembly Sessions. HB 233 consolidates forfeiture and condemnation laws  in a new chapter of Title 16 of the O.C.G.A. The bill provides for  non-judicial civil forfeiture for personal property valued at less than  $25,000, and civil forfeiture actions for both in rem and in personam  actions. HB 233 authorizes all types of property to be seized if  probable cause exists to believe that the property is subject to  forfeiture. The bill also eliminates the current taxpayer standing to  file a lawsuit against a law enforcement agency that fails to file an  annual forfeiture report that identifies forfeited property and  specifies its use.   The proposed Georgia Uniform Civil Forfeiture Procedure Act retains the  state's burden of proof in civil forfeiture actions as a preponderance  of evidence standard. The bill allows the court to provide for limited  discovery in contested civil forfeiture actions. It also sets forth  procedures regarding how seized property must be reported, what agencies  are responsible for the reporting, and how seized property can be used,  sold or transferred to other government entities.  Language from HB 418 was added to HB 233. The language prohibits certain  individuals from serving as grand jurors: 1. Any individual in a  pretrial release program, a pretrial release and diversion program, or a  pretrial intervention and diversion program; 2. Any individual  sentenced under a conditional discharge for possession of controlled  substances as first offense and certain nonviolent property crimes and  has not completed the terms of their sentence; 3. Any individual on  first offender probation; or 4. Any individual who is participating in a  drug court, mental health court, veterans court, or similar federal  court program.  

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