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GA HB969

Bill

Official Source

Status

Introduced

2/20/2018

Primary Sponsor

Scot Turner

Click for details

Origin

House of Representatives

2017-2018 Regular Session

AI Summary

  • Raises the state's burden of proof in civil forfeiture proceedings from "preponderance of the evidence" to "clear and convincing evidence" to show that seized property is subject to forfeiture
  • Applies the same heightened "clear and convincing evidence" standard to the state attorney when establishing a rebuttable presumption that a person's property is subject to forfeiture
  • Amends Code Section 9-16-17 of the Official Code of Georgia Annotated, which governs burden of proof and presumptions in forfeiture cases
  • Sponsored by Representatives Turner (21st), Willard (51st), Caldwell (20th), Cantrell (22nd), Tarvin (2nd), and others during the 2018 legislative session

Legislative Description

Civil practice; burden of proof required for civil forfeiture proceedings; change

Last Action

House Postponed

2/26/2018

Committee Referrals

Judiciary2/20/2018

Full Bill Text

No bill text available