Bill Text: GA SB181 | 2011-2012 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Attorney General; prohibit contingent compensation under certain circumstances

Spectrum: Partisan Bill (Republican 2-0)

Status: (Passed) 2012-05-02 - Act 725 [SB181 Detail]

Download: Georgia-2011-SB181-Introduced.html

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11 LC 29 4528

Senate Bill 181

By: Senators Bethel of the 54th and Williams of the 19th

A BILL TO BE ENTITLED
AN ACT

To amend Chapter 1 of Title 16 and Chapter 15 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions for crimes and offenses and the Attorney General, respectively, so as prohibit contingent compensation under certain circumstances; to change provisions relating to the Attorney General's authorization to employ private counsel; to provide for legislative findings; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

The General Assembly finds that private attorneys have been appointed to prosecute forfeiture proceedings on behalf of the state and that some of such attorneys have been compensated on a contingency basis. The General Assembly finds and declares that contingent compensation for prosecuting forfeiture cases is against the public policy of this state.

SECTION 2.

Chapter 1 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions for crimes and offenses, is amended by adding a new Code section to read as follows:

"16-1-12.

(a) Prosecuting attorneys, assistant attorneys general, special assistant attorneys general, or any private attorneys employed to prosecute forfeiture proceedings under this title shall not be compensated:

(1) On a contingent basis from proceeds arising in or resulting from a forfeiture action; or

(2) By an hourly or fixed fee arrangement that is contingent from proceeds arising in or resulting from a forfeiture action.

(b) This Code section shall not prohibit the district attorney or a local government from entering into an hourly or fixed fee arrangement with a private attorney to prosecute forfeiture actions that is not contingent upon the outcome of a forfeiture action and that is designed to pay for services rendered regardless of the outcome of the forfeiture action."

SECTION 3.

Chapter 15 of Title 45 of the Official Code of Georgia Annotated, relating to the Attorney General, is amended by revising Code Section 45-15-4, relating to the Attorney General's authorization to employ private counsel, as follows:

"45-15-4.

The Attorney General, upon the request of any department, office, officer, institution, commission, committee, board, or other agency of any branch of the government of the state or any instrumentality thereof, is authorized to select and employ private counsel to perform legal services for such department, office, officer, institution, commission, committee, board, or other agency of any branch of the government of the state or any instrumentality thereof; provided, however, that such employment contract shall be in accord with Code Section 16-1-12, as applicable."

SECTION 4.

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