Civil Procedure (6)

Date of Last Recorded Action: 4/24/2024

HB 0233 SupportGeorgia Uniform Civil Forfeiture Procedure Act Atwood, Alex 179th
7/1/2015 Effective Date Judy JUDYNC -
Auditing/Budget Civil Procedure Debra Nesbit District Attorneys Emergency Management/Preparedness
Firearms/Carry Laws Forfeitures, Fees, and Fine Add Ons General County Government Law Enforcement Public Safety and Courts
Revenue & Finance Sheriff

This legislation relocates and rewrites the civil procedure by which law enforcement seize and dispose of property or assets involved with illegal activity by state and local law enforcement. For a general summary click here.  This legislation was amended to include the language from H.B. 418 which changes the qualifications for persons serving on the grand jury.

This legislation will require the sheriff to report on a standardized form, the assets and cash seized and forfeited, and submit to the county commission, as well as the Carl Vinson Institute.  Counties should continue to include this form with the budget submission to the Carl Vinson Institute. If the Sheriff fails to comply with reporting requirements their ability to seize assets and forfeitures will be suspended.

HB 0298 NeutralRepeals the Sunset on the Certification Requirements for Process Servers Jacobs, Mike 80th
2/23/2015 Senate Read and Referred Judy JUDY -
Civil Procedure Debra Nesbit Public Safety and Courts Sheriff
This legislation allows the current method of sheriffs certifying process servers to continue. It currently has a sunset date of July 1, 2015.
HB 0832 OpposeDelay of Civil Forfeiture Proceedings until Conclusion of Criminal Proceedings Turner, Scot 21st
1/27/2016 House Second Readers Judy --
Civil Procedure Criminal Procedure Debra Nesbit District Attorneys Forfeitures, Fees, and Fine Add Ons
Law Enforcement Public Safety and Courts Sheriff

This legislation requires a court to pause civil forfeiture proceedings on property involved in criminal proceedings until the criminal proceedings are over. Current law only stays the civil forfeiture proceedings if good cause is shown to the court by either the state or the property owner. If the criminal proceeding ends in an acquittal or dismissal, then the there can be no civil forfeiture. Under current law, civil forfeiture may continue even if the criminal proceeding ends in an acquittal or dismissal.

HB 1025 SupportService of Citation for Violations of Ordinance Violations Taylor, Tom 79th
7/1/2016 Effective Date Judy JUDY -
Animal Control Business and Occupation Tax Civil Procedure Clerk of Court Code Enforcement
Criminal Procedure Debra Nesbit Forfeitures, Fees, and Fine Add Ons General County Government Health and Human Services
Land Use/Zoning Local Legislation Magistrate Court Nat. Res. & the Environment Property Tax
Public Safety and Courts Revenue & Finance Sewer/Septage Tax Commissioner Water Quality
This legislation allows local legislation permitting county ordinance violations that deal with the condition of real property to be served by leaving a copy of the citation at the property, mailing a copy to the property owner shown in the records of the tax commissioner or tax assessor, and filing a copy with the magistrate court clerk.  If the owner of the property fails to attend the trial, a fine against the property (i.e., "in rem") is the only penalty permitted.
SB 0110 NeutralRepeal Sunset Provision for Certification of Process Servers Bethel, Charlie 54th
1/11/2016 Senate Recommitted -JUDY -
Civil Procedure Debra Nesbit Public Safety and Courts Sheriff

 This legislation eliminates the sunset on the current method of certifying process servers by the sheriff. 

SB 0262 NeutralDisqualification of Judges, Judicial Officers, Grand Jurors for being Related to a Party and E-filing Stone, Jesse 23rd
7/1/2016 Effective Date Judy JUDY -
Civil Procedure Criminal Procedure Debra Nesbit Juveniles Magistrate Court
Public Safety and Courts State Court Superior Court

This legislation disqualifies judges, grand jurors and trial jurors from serving on a case where they are related within three degrees of anyone interested in the outcome of the case. This includes relations as a child, parent, sibling, aunt, uncle, niece, nephew, grandparent, grandchild, great-grandparent or great-grandchild. Current law requires disqualification if there is a relationship of four degrees (which would include up to second cousins, great-aunts and uncles, great-great-aunts and uncles, great-nieces and nephews, and great-great-nieces and nephews).

This bill was amended to include HB 1027 which provides that by court rule or standing order any state court may accept electronic filings and for the acceptance of payments and remittances by electronic means.

Please contact ACCG's Debra Nesbit at dnesbit@accg.org if this will negatively impact smaller counties.

Green background on status indicates a bill has been acted on the last recorded legislative day.








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