HB 0233 |
Support | Georgia Uniform Civil Forfeiture Procedure Act |
Atwood, Alex 179th |
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7/1/2015 |
Effective Date |
Judy |
JUDYNC |
- |
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| 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 |
Neutral | Repeals the Sunset on the Certification Requirements for Process Servers |
Jacobs, Mike 80th |
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2/23/2015 |
Senate Read and Referred |
Judy |
JUDY |
- |
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| 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 |
Oppose | Delay of Civil Forfeiture Proceedings until Conclusion of Criminal Proceedings |
Turner, Scot 21st |
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1/27/2016 |
House Second Readers |
Judy |
- | - |
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| 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 |
Support | Service of Citation for Violations of Ordinance Violations |
Taylor, Tom 79th |
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7/1/2016 |
Effective Date |
Judy |
JUDY |
- |
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| 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 |
Neutral | Repeal Sunset Provision for Certification of Process Servers |
Bethel, Charlie 54th |
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1/11/2016 |
Senate Recommitted |
- | JUDY |
- |
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| This legislation eliminates the sunset on the current method of certifying process servers by the sheriff.
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SB 0262 |
Neutral | Disqualification of Judges, Judicial Officers, Grand Jurors for being Related to a Party and E-filing |
Stone, Jesse 23rd |
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7/1/2016 |
Effective Date |
Judy |
JUDY |
- |
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| 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. |