Bill Text: GA SB230 | 2011-2012 | Regular Session | Introduced

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Bill Title: Forfeiture Proceedings; interest of an innocent owner; change certain provisions

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2011-03-07 - Senate Read and Referred [SB230 Detail]

Download: Georgia-2011-SB230-Introduced.html

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11 LC 29 4690

Senate Bill 230

By: Senator Williams of the 19th

A BILL TO BE ENTITLED
AN ACT

To amend Code Section 16-14-7 of the Official Code of Georgia Annotated, relating to forfeiture proceedings, so as to change certain provisions relating to the interest of an innocent owner; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Code Section 16-14-7 of the Official Code of Georgia Annotated, relating to forfeiture proceedings, is amended by revising subsection (j) as follows:

"(j) The interest of an innocent party in the property shall not be subject to forfeiture. An innocent party is one who did not have actual or constructive knowledge that the property was subject to forfeiture. A lienholder, mortgage holder, or landlord's interest in the property shall not be subject to forfeiture unless it is proven by a preponderance of the evidence that such holder or landlord participated in a pattern of racketeering."

SECTION 2.

All laws and parts of laws in conflict with this Act are repealed.