Georgia 2023-2024 Regular Session

Georgia House Bill HB962

Introduced
1/22/24  

Caption

Transparency and Accountability in Asset Forfeiture Act; enact

Impact

The impact of HB962 will be significant as it establishes a systematic approach for the reporting of asset forfeiture activities by law enforcement agencies. A searchable public website will be created, which must include information such as the name of the agency that seized the property, the date of seizure, a description of the property, the value of the property, and details regarding the criminal cases related to each seizure. This transparency is intended to reduce potential abuses in the asset forfeiture process and ensure that funds generated through such activities are disbursed responsibly.

Summary

House Bill 962, known as the 'Transparency and Accountability in Asset Forfeiture Act', seeks to amend the existing laws related to asset forfeiture by requiring increased transparency and accountability from law enforcement agencies. The bill mandates that the Office of the Attorney General establish and maintain a public website to track and report information regarding seized and forfeited properties, thereby allowing citizens to access detailed records about practices related to asset seizures. This initiative aims to enhance public oversight and ensure that agency operations remain fair and just.

Contention

Notable points of contention surrounding HB962 include concerns over the compliance abilities of law enforcement agencies to meet the reporting requirements. The bill states that if agencies fail to report as required, they may face civil fines, and no disbursements of funds from forfeiture proceeds will be made until the obligations are met. Critics may argue that this could impose undue burdens on smaller agencies and may inadvertently hinder their operational capabilities, while proponents insist that these measures are essential for ensuring responsible asset management and protecting citizens' rights.

Companion Bills

No companion bills found.

Similar Bills

HI SB149

Relating To Property Forfeiture.

HI HB1965

Relating To Property Forfeiture.

LA SB359

Provides for civil forfeiture reform. (8/1/22)

KS HB2380

Requiring a criminal conviction for civil asset forfeiture, remitting proceeds from civil asset forfeiture to the state general fund, increasing the burden of proof required to forfeit property, making certain property ineligible for forfeiture, providing persons involved in forfeiture proceedings representation by counsel and the ability to demand a jury trial and allowing a person to request a hearing on whether forfeiture is excessive.

KS HB2606

Specifying that certain drug offenses do not give rise to forfeiture under the Kansas standard asset seizure and forfeiture act, requiring courts to make a finding that forfeiture is not excessive, restricting actions prior to commencement of forfeiture proceedings, requiring probable cause affidavit filing and review to commence proceedings, increasing the burden of proof required to forfeit property to clear and convincing evidence and authorizing courts to order payment of attorney fees and costs for certain claimants.

KS SB458

Specifying that certain drug offenses do not give rise to forfeiture under the Kansas standard asset seizure and forfeiture act, providing limitations on state and local law enforcement agency requests for federal adoption of a seizure under the act, requiring probable cause affidavit filing and review to commence forfeiture proceedings, increasing the burden of proof required to forfeit property to clear and convincing evidence, authorizing courts to order payment of attorney fees and costs for certain claimants and requiring the Kansas bureau of investigation to submit forfeiture fund financial reports to the legislature.

HI HB126

Relating To Property Forfeiture.

HI SB320

Relating To Property Forfeiture.