Georgia prosecutors have indicated they are willing to stop fighting a bill regulating civil forfeitures if compromises reached this fall with sheriffs and lawmakers are included in the bill this legislative session.
House Bill 1 rankled district attorneys last year because it would have raised the state’s burden of proof to seize assets linked to crimes from a preponderance of the evidence to clear and convincing evidence. The bill also would have required judges to approve forfeitures worth more than $5,000, rather than the $25,000 ceiling under which authorities can seize assets now. Finally, the bill would have required prosecutors to prove that allegedly innocent owners—people whose seized property was used by another in a criminal action—unequivocally knew about underlying criminal activity in order for the court to grant forfeiture.
