Georgia prosecutors have indicated they are willing to stop fighting a bill regulating civil forfeitures if compromises reached this fall with sheriffs and lawmakers are included in the bill this legislative session.
House Bill 1 rankled district attorneys last year because it would have raised the state’s burden of proof to seize assets linked to crimes from a preponderance of the evidence to clear and convincing evidence. The bill also would have required judges to approve forfeitures worth more than $5,000, rather than the $25,000 ceiling under which authorities can seize assets now. Finally, the bill would have required prosecutors to prove that allegedly innocent owners—people whose seized property was used by another in a criminal action—unequivocally knew about underlying criminal activity in order for the court to grant forfeiture.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
