Forfeitures, Fees, and Fine Add Ons (15)

Date of Last Recorded Action: 3/16/2020

HB 0107 EvaluatingChange in Burden of Proof Required for Law Enforcement to Initiate a Civil Forfeiture Scot Turner
2/6/2019 House Second Readers Judiciary --
2019/01/31 Report Debra Nesbit Forfeitures, Fees, and Fine Add Ons Public Safety and Courts
This legislation increases the burden of proof for law enforcement to initiate a civil forfeiture proceeding against an individual charged with a crime.  The burden of proof is currently a preponderance of the evidence, this bill would increase that burden to "clear and convincing evidence" which is a tougher standard.
HB 0111 EvaluatingIncreased Reporting Requirements for Law Enforcement Agencies on Property and Proceeds from Civil Forfeiture Actions Scot Turner
2/6/2019 House Second Readers Judiciary --
2019/01/31 Report Debra Nesbit Forfeitures, Fees, and Fine Add Ons Public Safety and Courts
This legislation increases the current reporting requirements for law enforcement agencies on civil forfeiture actions to clearly identify which proceeds are attached to which criminal cases and the disposition of those cases.
HB 0113 NeutralDistracted Driving Prohibit Individuals Under 18 from using Stand-Alone Electronic Devices John Carson
2/25/2020 House Committee Favorably Reported By Substitute Public Safety and Homeland Security --
Debra Nesbit Forfeitures, Fees, and Fine Add Ons Public Safety and Courts Traffic Enforcement
This legislation prohibits any individual under the age of 18 from using a stand alone electrtonic device or wireless telecommunications device while driving.  The bill also eliminates the first offense waiver and raises the fine by $50 respectively for first, second and third offenses.  The legislation also requires points to be assessed on driver's license for each offense.  Additionally a $50 surcharge is assessed on each offense with the "intent" that the funds will be used for the Georgia Trauma Commission.
HB 0115 EvaluatingProhibition of use of Federal Forfeiture Laws by Local Law Enforcement to Circumvent State Forfeiture Law Scot Turner
2/6/2019 House Second Readers Judiciary --
2019/01/31 Report Debra Nesbit Forfeitures, Fees, and Fine Add Ons Public Safety and Courts
This legisaltion prohibits the common practice of local law enforcement of seizing property and proceeds under the federal forfeiture statute to avoid the requiements of the state forfeture statute.
HB 0278 EvaluatingRequire Conclusion of Criminal Proceedings Prior to Civil Forfeiture Scot Turner
2/14/2019 House Second Readers Judiciary --
2019/02/15 Report Debra Nesbit Forfeitures, Fees, and Fine Add Ons Public Safety and Courts
This legislation requires that all criminal proceedings be concluded prior to the initiation of any civil forfeture proceeding.
HB 0295 EvaluatingRequirement for Judges to Stay Civil Forfeiture Proceedings in Criminal Cases Scot Turner
2/15/2019 House Second Readers Judiciary --
2019/02/15 Report Debra Nesbit Forfeitures, Fees, and Fine Add Ons Public Safety and Courts
This legislation requires judges to issue a stay in all civil forfeiture proceedings until the final disposition and conclusion of the underlying criminal case.
HB 0858 SupportNotice Requirement for a Pending Sale of Unclaimed Property by Law Enforcement Josh McLaurin
2/3/2020 House Second Readers Judiciary - Non-Civil --
2020/02/07 Civil Procedure Debra Nesbit Forfeitures, Fees, and Fine Add Ons General County Government
Law Enforcement Public Safety and Courts
This legislation allows law enforcement to post legal notice of a pending sale of unclaimed property on their website or the county website once a week for four weeks, in lieu of running an ad in the paper.
HB 0859 NeutralPenalty for Tinting of Motor Vehicle Windshields Clay Pirkle
3/9/2020 Senate Read and Referred Public Safety and Homeland Security Special Judiciary -
2020/02/07 2020/02/28 Report Debra Nesbit Econ. Dev. & Transportation Forfeitures, Fees, and Fine Add Ons
Public Safety and Courts Traffic Enforcement
This legislation sets the maximum penalty for motor vehicles windshield tinting at $25.00.  The bill was amended to prohibit any fees or surcharges being added to the maximum fine.
HB 1036 OpposeAsset Forfeiture Steve Tarvin
2/28/2020 House Second Readers Judiciary - Non-Civil --
2020/02/28 Report Civil Procedure Criminal Procedure Debra Nesbit Forfeitures, Fees, and Fine Add Ons
Public Safety and Courts
This legislation requires that proceeds from a judicial sale as a result of asset forfeiture be remitted to the Indigent Care Trust Fund and the Safe Harbour for Sexually Exploited Children.  Under current law the proceeds from Judicial sales stay at the local level to fund law enforcement activities.
HB 1040 NeutralRevise Total Maximum Fee to be Collected for Pay-only Probation is Imposed Emory Dunahoo
3/5/2020 House Committee Favorably Reported Judiciary - Non-Civil --
2020/02/28 Report 2020/03/06 Report Debra Nesbit Forfeitures, Fees, and Fine Add Ons Probation
Public Safety and Courts
This legislation increases the amount of time given for individuals to pay their fine when pay-only probation is imposed from three to six months.
HB 1078 SupportAuthorization for Magistrate Court to Collect a Technology Fee Andrew Welch
3/12/2020 House Committee Favorably Reported By Substitute Judiciary --
2020/03/06 Report Clerk of Court Debra Nesbit Forfeitures, Fees, and Fine Add Ons General County Government
Magistrate Court Probate Court Public Safety and Courts Revenue & Finance State Court
Superior Court
This legislation authorizes any county to pass a resolution enacting a $10.00 court technology fee in magistrate court cases.  The county must keep in a separate account and use only for specified technology related expenses.  Each county enacting the resolution must have a criminal justice information system committee chaired by the chief superior court judge with members consisting of the chief magistrate, probate, state court judges, sheriff and clerk of court. 
HB 1086 NegotiatingRequirement for Conclusion of Criminal Proceeding Prior to Civil Forfeiture Proceedings Ed Setzler
3/5/2020 House Committee Favorably Reported By Substitute Judiciary - Non-Civil --
2020/03/06 Report Civil Procedure Criminal Procedure Debra Nesbit Forfeitures, Fees, and Fine Add Ons
Public Safety and Courts
This legislation requires the court to stay civil forfeiture proceedings during the pendency of the criminal proceedings unless the owner or interest holder of the property waives such stay.
SB 0446 SupportCash Bonds and Unclaimed Cash Bonds Change Length of Time Court must Hold Larry Walker
1/1/2021 Effective Date Judiciary - Non-Civil Public Safety -
2020/06/19 Report Criminal Procedure Debra Nesbit Forfeitures, Fees, and Fine Add Ons Public Safety and Courts
Sheriff
This bill will allow courts to hold cash bonds that are unclaimed for no more than two years, under existing law they must hold those funds for seven years.  Funds not claimed after notice will revert to the county.
SB 0448 NeutralAuthorization for the Collection of the Law Library Fees in County Recorders' and Magistrate Court by Ordinance Freddie Sims
2/27/2020 Senate Read and Referred -State and Local Governmental Operations -
2020/02/28 Report 2020/03/06 Report Debra Nesbit Forfeitures, Fees, and Fine Add Ons Magistrate Court
Public Safety and Courts
This legislation allows recorders' and magistrate courts to collect the law library fee approved by resolution of the county.
SB 0497 SupportAuthorizes County Governing Authorities to Impose Law Library Fees in County Recorders and Magistrate Courts John Kennedy
3/5/2020 Senate Read and Referred -State and Local Governmental Operations -
2020/03/06 Report Debra Nesbit Forfeitures, Fees, and Fine Add Ons Magistrate Court Public Safety and Courts
Revenue & Finance
This legislation allows counties to impose the law library fee in county recorders and magistrate courts by ordinance or resolution.
Green background on status indicates a bill has been acted on the last recorded legislative day.








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