ATLANTA – The Georgia House of Representatives yesterday unanimously passed House Bill 233, also known as the Georgia Uniform Civil Forfeiture Procedure Act (UCFPA). Sponsored by State Representative Alex Atwood (R-St. Simons Island), HB 233 standardizes the civil forfeiture procedure, the process in which law enforcement can seize property connected with criminal activity.
“Georgia’s current civil forfeiture procedures have come under fire in recent years, sparking a desire for reform. Some have alleged that current laws create a profit incentive for seizing agencies, potentially distorting law enforcement priorities and shifting focus towards revenue generation,” said Rep. Atwood. “The Georgia Uniform Civil Forfeiture Procedure Act, which was first introduced in 2013, addresses those issues. It has received support from the Georgia Sheriff’s Association, the Georgia Association of Chiefs of Police, the District Attorney’s Association of Georgia, along with civil liberties and liberty minded organizations.”
Under current law, Georgia has 34 different forfeiture statutes, with 14 different procedures used, and three statutes that provide no procedure at all. HB 233 standardizes civil forfeiture procedures statewide by providing one uniform procedure to be followed for almost all civil forfeiture. Additionally, HB 233 is designed to increase government transparency and oversight in the civil forfeiture process by strengthening the mandatory reporting requirements of all law enforcement agencies, improve accountability, and provide property owners who are trying to recover wrongfully seized property better access to court.
Under HB 233, all property and funds received by state agencies from seizures and forfeitures must be reported annually and made available for public review. To make these reports easier for public review, a standardized reporting form will be created for use by any state agency that receives forfeited assets and authorizes the District Attorney to conduct reviews and audits of such reports.
HB 233 also provides for due process safeguards to assist innocent owners in recovering seized property by simplifying the standard for initiating a claim to recover such property. A provision of HB 233 allows the judge in a civil forfeiture action to grant either party additional opportunity for investigation into the facts and issues involved. Additionally, it permits anyone who has a claim to the seized property to appear before the court to defend his or her interest. HB 233 also eliminates the State’s litigation costs on unsuccessful forfeiture claimants.
For more information on HB 233, please click here.
Representative Alex Atwood represents the citizens of District 179, which includes portions of Glynn County. He was elected into the House of Representatives in 2010, and currently serves as the Chair of the Appropriations Subcommittee on Public Safety, Vice Chair of Juvenile Justice, and as the Secretary of Public Safety and Homeland Security. He also serves on the Appropriations Subcommittee on Higher Education, Insurance, and Judiciary Non-Civil committees.
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