Bill Text: GA SB230 | 2011-2012 | Regular Session | Introduced
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
11 LC 29
4690
Senate
Bill 230
By:
Senator Williams of the 19th
A
BILL TO BE ENTITLED
AN ACT
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laws and parts of laws in conflict with this Act are repealed.