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GA HB137
Bill
Status
Engrossed
3/3/2017
Primary Sponsor
Scot Turner
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AI Summary
- Prohibits attorneys appointed by the Attorney General or district attorney to represent the state in forfeiture actions from being compensated on a contingency basis, whether by a percentage of forfeited assets or through hourly/fixed fee arrangements contingent on successful prosecution
- Expands the scope of the contingency fee ban to cover forfeiture actions brought under multiple Georgia titles (Titles 3, 7, 10, 12, 17, 27, 40, 46, 48, 49, and 52) in addition to Title 16
- Requires that appointments of special assistant attorneys and their compensation terms be in writing and filed with the clerk of court, with copies provided to the presiding judge and the Prosecuting Attorneys' Council of Georgia
- Establishes a 10-day filing deadline for appointment and compensation terms — measured from the conclusion of criminal proceedings for all codefendants or the final forfeiture order (whichever is last) when connected to a criminal case, or from the final forfeiture order when not connected to a criminal case
- Preserves the authority of the Attorney General and district attorneys to appoint special assistants or other attorneys to assist in prosecuting actions under Title 16
Legislative Description
Crimes and offenses; restrictions on contingency fee compensation of an attorney appointed in forfeiture actions; change provisions
Last Action
Senate Committee Favorably Reported By Substitute
3/7/2018
Full Bill Text
No bill text available