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GA HB832

Bill

Official Source

Status

Introduced

1/25/2016

Primary Sponsor

Scot Turner

Click for details

Origin

House of Representatives

2015-2016 Regular Session

AI Summary

  • Amends O.C.G.A. § 9-16-15 to change the stay of civil forfeiture proceedings from discretionary ("may") to mandatory ("shall"), requiring courts to stay civil forfeiture proceedings during the pendency of related criminal proceedings
  • Civil forfeiture proceedings must wait until the related criminal case concludes through a guilty plea, conviction after trial, acquittal after trial, or other conclusion before the trial court
  • Removes the prior requirement that the state or property owner show "good cause" to obtain a stay of civil forfeiture proceedings
  • Eliminates the provision that an acquittal or dismissal in a criminal proceeding shall not preclude civil forfeiture proceedings, meaning an acquittal or dismissal could now bar forfeiture

Legislative Description

Civil practice; conclusion of criminal proceedings prior to civil forfeiture proceedings; require

Last Action

House Second Readers

1/27/2016

Full Bill Text

No bill text available