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GA HB1086

Bill

Official Source

Status

Introduced

3/2/2020

Primary Sponsor

Ed Setzler

Click for details

Origin

House of Representatives

2019-2020 Regular Session

AI Summary

  • Amends Georgia Code Section 9-16-15 to change the stay of civil forfeiture proceedings from discretionary ("may") to mandatory ("shall"), requiring criminal proceedings to conclude before civil forfeiture actions can proceed
  • Criminal proceedings must result in a guilty plea, conviction, acquittal, or other conclusion before the trial court before related civil forfeiture may move forward
  • Property owners or interest holders may waive the mandatory stay; failure to respond to the forfeiture action or failure to appear in court constitutes a waiver
  • An acquittal or dismissal in the related criminal case does not preclude the state from pursuing civil forfeiture proceedings
  • Dispositions under the First Offender Act, Code Section 16-13-2, juvenile court dispositions, or pretrial diversion programs also do not preclude civil forfeiture proceedings

Legislative Description

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

Last Action

House Committee Favorably Reported By Substitute

3/5/2020

Full Bill Text

No bill text available