House Bill 978

Chair's Name: Calvin Hill

Committee: Special Rules

House Sponsor: James Mills

HB 978 would make any motor vehicle registered in this state to be subject to forfeiture if it is involved in a traffic violation or accident while being operated by a person who is not in legally in this country. Any interested holder or owner of a motor vehicle seized is entitled to use all of the defenses and procedures related to seizure, forfeiture, and recovery of a motor vehicle provided by law, unless they actually knew that the person operating the motor vehicle was not legally in this country. The Rules Committee substitute further protects innocent interest holders and owners by allowing them to present to the agency or officer with custody of the vehicle a sworn affidavit to the fact they had no actual knowledge of the operator’s legal status. Unless the law enforcement agency has sufficient evidence to prove actual knowledge, the vehicle must be returned promptly and without penalty. When a vehicle is forfeited and sold under these provisions, the court may order that a portion of the proceeds be distributed to any victims involved in the accident caused by the person not legally in the country.

This Rules Committee Substitute comes to the Floor under the Modified Open Rule.

Chairman Hill’s Opinion of the legislation:

This bill works to solve the problem of people who are in the state of Georgia illegally and are operating vehicles and being involved in traffic accidents and traffic violations. It is already a violation of federal law to knowingly transport someone who is in this country illegally; the Federal Government is already allowed to seize vehicles involved in the transport of people who are in this country illegally. Repeat offenders who are legally in the State of Georgia can be removed from the roads under current law; however a person who is in this state illegally is virtually impossible to convict as a repeat offender since they are driving without a license. This is a public safety issue to all people who are in Georgia legally. Many Georgians have been harmed in accidents with people who were in Georgia illegally and did not have a drivers license or any form of insurance.

This Legislation:

•      Reduces Government and the Tax Burden on our Citizens by decreasing the about of traffic accidents and violations, thus decreasing the burden and costs on state and local law enforcement.

•      Protects the Family by protecting families from potential traffic accidents, and DUIs committee by unlicensed drivers in our state illegally.

Increases personal responsibility by making people consider the consequences before operating a vehicle in this state illegally.