GA HB1

Enacts the Georgia Uniform Civil Forfeiture Procedure Act (Chapter 16 of Title 9), establishing a comprehensive, unified civil forfeiture framework filed by state attorneys in superior court as either in rem (against property) or in personam (against persons) actions, with the state bearing the burden of proof by preponderance of the evidence at all times.

Authorizes nonjudicial forfeiture for personal property valued at $25,000 or less through a notice-and-claim process; if no claim is filed within 30 days of notice, property is forfeited to the state by operation of law. If any claim is filed, the state attorney must file a formal complaint within 30 days.

Requires seizing officers to inventory and report seized property within 30 days; state attorneys must initiate forfeiture proceedings within 60 days of seizure or release the property upon request. Seized currency must be deposited within 60 days into a separate interest-bearing account, with annual interest paid into the County Drug Abuse Treatment and Education Fund.

Provides innocent owner protections: property interests are exempt from forfeiture if the owner or interest holder demonstrates they were not privy to, did not consent to, and had no knowledge or reason to know of the criminal conduct, and did not hold property as a nominee for the person whose conduct gave rise to forfeiture.

Establishes forfeiture proceeds distribution priorities: (1) costs of forfeiture proceedings; (2) 10% to the Forfeiture and Investigative Support Trust Fund administered by the Prosecuting Attorneys' Council; (3) pro rata distribution to participating law enforcement agencies and multijurisdictional task forces. Currency distributed to local law enforcement is capped at 33⅓% of locally appropriated funds and may not supplant existing funding or pay law enforcement salaries.

Creates the Forfeiture and Investigative Support Trust Fund for each district attorney, administered by the Prosecuting Attorneys' Council, with permitted uses including investigations, forensic services, equipment, training, and victim/witness assistance services.

Grants courts broad temporary relief powers, including restraining orders, injunctions, and receiver appointments, with provisions for ex parte temporary restraining orders when notice would jeopardize property availability. Owners and interest holders may request a probable cause hearing within 30 days of learning of seizure or lien filing.

Provides that persons suffering pecuniary loss or physical injury from trafficking, computer crimes, or RICO violations may intervene in forfeiture proceedings and hold a superior claim to forfeited property over state and local government entities, excluding costs.

Imposes mandatory annual reporting by all recipients of forfeited property or proceeds, using forms developed by the Carl Vinson Institute of Government at the University of Georgia, with enforcement mechanisms including prohibition from receiving forfeiture property for noncompliant entities and a 2-year bar for entities employing persons convicted of filing false reports.

Consolidates forfeiture procedures by repealing separate vessel forfeiture provisions (Code Section 52-7-7.4), bringing vessel forfeiture under the new uniform act, and replaces the terms "fines and forfeitures" with "fines and bond forfeitures" across more than 35 Code sections spanning multiple titles to distinguish civil asset forfeiture from bond forfeitures.