Georgia House of Representatives - 1995/1996 Sessions

HB 501 - Crime Victims Emergency Fund; proceeds from forfeitures

Page Numbers - 1/ 2

1. Klein  39th            2. Ashe  46th              3. Johnson  97th
4. Pinholster  15th       5. Irvin  45th             6. Bannister  77th


House Comm: PubS       /                Senate Comm:            /                                   
House Vote: Yeas       Nays             Senate Vote: Yeas     Nays                                  
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               House          Action         Senate                                                 
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              1/31/95  Read 1st Time                                                                
              2/1/95   Read 2nd Time                                                                
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Code Sections amended:                                                                              


HB 501                                             LC 9 8106






                        A BILL TO BE ENTITLED
                               AN ACT


  1- 1  To amend Code Section 16-13-49 of the Official Code of
  1- 2  Georgia Annotated, relating to forfeitures, and Code Section
  1- 3  17-15-10 of the Official Code of Georgia Annotated, relating
  1- 4  to creation of the Georgia Crime Victims Emergency Fund and
  1- 5  the money placed in the fund, so as to provide for the
  1- 6  distribution of additional funds to the Georgia Crime
  1- 7  Victims Emergency Fund; to provide an effective date; to
  1- 8  repeal conflicting laws; and for other purposes.

  1- 9       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

                         SECTION 1.

  1-10  Code Section 16-13-49 of the Official Code of Georgia
  1-11  Annotated, relating to forfeitures, is amended by striking
  1-12  subparagraph (u)(4)(B) and inserting in lieu thereof a new
  1-13  subparagraph (u)(4)(B) to read as follows:

  1-14        "(B) All costs, including court costs, shall be paid.
  1-15        and the The remaining pool shall be distributed as
  1-16        follows: 25 percent shall be distributed to the Crime
  1-17        Victims Emergency Fund created under Code Section
  1-18        17-15-10, and 75 percent shall be distributed pro rata
  1-19        to the state and to local governments, according to
  1-20        the role which their law enforcement agencies played
  1-21        in the seizure of the assets; provided, however, that
  1-22        the total amount distributed to the state, including
  1-23        the amount paid into the Crime Victims Emergency Fund,
  1-24        shall not exceed 25 50 percent of the total amount
  1-25        distributed; county governments are authorized upon
  1-26        request of the district attorney to provide for
  1-27        payment of any and all necessary expenses for the
  1-28        operation of the office from the said forfeiture pool
  1-29        up to 10 percent of the total amount distributed, in
  1-30        addition to any other expenses paid by the county to
  1-31        the district attorney's office."





                                 -1- (Index)

                                                   LC 9 8106

                         SECTION 2.

  2- 1  Code Section 17-15-10 of the Official Code of Georgia
  2- 2  Annotated, relating to creation of the Georgia Crime Victims
  2- 3  Emergency Fund and money placed in the fund, is amended by
  2- 4  striking paragraph (2) of subsection (b) of said Code
  2- 5  section and inserting in lieu thereof a new paragraph (2) to
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  2- 7      "(2) The funds placed in the fund shall also consist of
  2- 8      all moneys money appropriated by the General Assembly,
  2- 9      if any, for the purpose of compensating claimants under
  2-10      this chapter, money and property received pursuant to
  2-11      Code Section 16-13-49, and money recovered on behalf of
  2-12      the state pursuant to this chapter by subrogation or
  2-13      other action, recovered by court order, received from
  2-14      the federal government, received from additional court
  2-15      costs, received from specific tax proceeds allocated to
  2-16      the fund, received from other assessments or fines, or
  2-17      received from any other public or private source
  2-18      pursuant to this chapter."

                         SECTION 3.

  2-19  This Act shall become effective upon its approval by the
  2-20  Governor or upon its becoming law without such approval.

                         SECTION 4.

  2-21  All laws and parts of laws in conflict with this Act are
  2-22  repealed.




















                                 -2- (Index)